Conditions for the Sale and Purchase of Images Online
Site Usage Agreement (this "Agreement")
By using this web site (this "Site") and/or downloading any material
from this Site, you agree to be bound by this Agreement. We reserve the right
to change the terms and conditions of this Agreement, including without limitation,
our pricing structure from time to time and at any time without advance notice.
Your use of this Site will be subject to the most current version posted on
this Site at the time of your use. By using this Site or downloading or using
any images listed under the this Site, you agree to be bound by this Agreement.
Should you disagree with anything stated herein please discontinue your use
of this Site and erase all data you have downloaded or copied. If there is any
contradiction or discrepancy between the English language version of this Agreement
and its translation in a different language (if any), then the English language
version shall prevail.
Use of this Site
This Site is owned and operated by [South China Media Limited]. (hereinafter
referred to as "South China Media", which expression shall mean and
include, its parent companies, subsidiaries and/or affiliated companies, as
the case may be.). All images and related informational materials in any medium
provided by South China Media hereunder, including without limitation, related
text, captions, logos, or information (collectively referred to as the "Images")
are owned by South China Media and/or by our image providers. All Images are
protected by the relevant intellectual property laws.
We do not allow the use of automated software or other crawling techniques
for searching this Site and/or retrieve Images or related information.
Your use of this Site and any Images shall comply with all applicable laws.
We reserve the right to revoke your authorization to view, download and use
the Images and information available on this Site at any time, and you agree
to immediately discontinue your such use upon written notice from South China
Media. South China Media may immediately revoke all licenses granted to you
without notice if you fail to comply with any provision of this agreement. If
a license is revoked, you agree to immediately stop using this Site and the
Images, delete all Images and all copies from all media and destroy all other
You are solely responsible for determining whether your use of any Image requires
the consent of any third party or the license of any additional rights, and
you should not rely solely on the information provided by South China Media.
If you are unsure whether additional third-party rights are needed for your
use, you are responsible for consulting with relevant bodies, authorities, organisations
or legal advisors.
South China Media Account
To obtain access to as well as download the Images, you have to apply for
a South China Media account (the "Account") and you agree to provide
complete, true and accurate information and to inform and update South China
Media forthwith upon any changes thereof. South China Media has the sole discretion
to decide whether to grant you the Account or not. You agree to access the authorized
sections of this Site and the Account only by using the account number and password
supplied to you by South China Media.
You are responsible for maintaining the confidentiality of your account number
and/or password, if applicable, and you shall not distribute this access information
or allow others to use this access information to gain access to the Account.
You shall be liable for payment for all Images downloaded by others using the
Account, with or without your permission or knowledge prior to the time that
you notify South China Media of any unauthorized use. South China Media reserves
the right to close or suspend the Account at any time without advance notice
and without assigning any reason therefor.
After appropriate payment has been duly made, you can download Images using
various licenses available on this Site. These licenses are awarded to the account
owner. Unless otherwise specified in this Site, this is a one-person license
and can be used only by the account owner for lawful purposes and cannot be
transmitted to another party. None of our Images may be resold or redistributed
by any means, or made available for redistribution or resale by a third party
without South China Media's separate written consent. All rights not specifically
granted under this Agreement are reserved to South China Media and/or its images
providers (as the case may be). South China Media and/or its images providers
(as the case may be) reserve the complete ownership of intellectual property
rights in the Images.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL SOUTH CHINA MEDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE
THIS SITE, THE ACCOUNT AND/OR THE IMAGES, (II) ANY TRANSACTION CONDUCTED VIA
THIS SITE OR THE ACCOUNT; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THIS SITE AND/OR THE ACCOUNT AND/OR THE IMAGES, (IV)
UNAUTHORIZED ACCESS TO THE ACCOUNT OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
OR (V) ANY OTHER MATTER RELATING TO THIS SITE, THE ACCOUNT OR THE IMAGES, EVEN
IF SOUTH CHINA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE AND THE IMAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SOUTH CHINA MEDIA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS SITE OR THE IMAGES. SOUTH CHINA
MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THIS SITE AND THE IMAGES. SOUTH CHINA MEDIA DOES NOT WARRANT THAT THIS SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS
IN THIS SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY LIABLE FOR YOUR BEHAVIOR ON
THIS SITE AND THE ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
SOUTH CHINA MEDIA, ITS JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES,
AGENTS, AND ANY THIRD-PARTY IMAGES AND SERVICE PROVIDERS FROM AND AGAINST ALL
CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO,
DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND ATTORNEYS'
FEES (ON AN INDEMNITY BASIS), RESULTING FROM OR ARISING OUT OF YOUR USE OR MISUSE
OF THIS SITE AND/OR THE ACCOUNT AND/OR THE IMAGES, OR ANY BREACH OF THIS AGREEMENT.
Notification of copyright infringement
If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site, send
South China Media a notice containing: (i) a physical or electronic signature
of the copyright owner or person authorized to act on behalf of the copyright
owner; (ii) a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s) is claimed
to be infringing; (iii) a description of where the material that you claim is
infringing is located on this Site; (iv) information sufficient to permit South
China Media to contact you, such as your physical address, telephone number,
and email address; (v) a statement that you honestly belief that the use of
the material you identified is not authorized by the copyright owner, its agent,
or the law; and (vii) a statement by you that the information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf and that you agree to indemnify and hold harmless South
China Media against any claims, loss or damage by reason that such information
provided by you is inaccurate.
Governing Law and Jurisdiction
Any and all disputes relating to this Agreement, your use of this Site, the
Account and the Images are governed by, and will be interpreted in accordance
with, the laws of the Hong Kong Special Administrative Region, without regard
to any conflict of laws provisions. If any part of this Agreement is determined
by a court of competent jurisdiction to be invalid or unenforceable, it will
not affect the validity and enforceability of any other provision of this Agreement.