SCMCONTENT.COM




Terms and 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 copies.

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.

License

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.

DISCLAIMER

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.

INDEMNIFICATION

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.




 

 

 

 

 

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