Welcome to Photofrog! We love photography and videos and for the most part Photofrog (the "Website") is all about photos, videos and camaraderie. Please read the terms and conditions below carefully - by accepting these terms you are bound by the following:

Use of Website

This Website is owned and operated by Photofrog ("Photofrog") a division of Five Squared Digital Pty Limited. These Terms apply to your access to, and use of, www.photofrog.co.za or any other affiliated website or platforms ("Website"), your use of any digital photography, videos, media hosting services, other services provided on or through this Website ("Services"), and to your purchase of any photographic prints, videos or other media ("Products") from Photofrog.

Photofrog reserves the right to change any provision of these Terms, and any other terms, policy or guideline governing your use of the Website. Your continued use of this Website or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof..

Privacy

We value your privacy and the protection thereof. View our Website's "Privacy Policy" on how we collect, use and disclose personal information from users of the Website in accordance with the Protection of Personal Information Act, 2013 (POPI).

By accepting these terms you consent to Photofrog's communication with you about the Website, Products and Services by email, system messages or any other communication medium.

License Agreement

By using Photofrog's Website and Services you confirm that you are the owner of the photos, digital content or videos ("media") or authorized user thereof. ("Content Owner").

While Photofrog facilitates the online purchases of Products, the license to use these products is transferred between the website user and the content owner. As the content owner you agree that are responsible for the media uploaded, setting of prices and ultimate end user license agreement.

Copyright And Limited License

The Website, text, code and other content and materials on the Website and the selection and arrangement thereof ("Website Materials") is the property of Photofrog.

Photofrog grants you a limited, non-transferrable right to access and use the Website. You agree to not:

• collect, copy or distribute Website Materials;
• resale, use for commercial purposes or otherwise distribute the website materials;
• modifying or otherwise making any derivative uses of the Website or any of the Website Materials;
• scraping or mining data or extracting information from the website;
• downloading website materials; or
• to not use the Website or the Website Materials other than for their intended purpose.

Any use of the Website other than as specifically authorized herein is strictly prohibited and will terminate the use of this website.

Photofrog, in its sole discretion, reserves the right to terminate this agreement and restrict or terminate the use of the website by any user or content owner.

Trademarks

All intellectual property of Photofrog may be copied, imitated or used without the prior written permission of Photofrog. This includes logo, trademark and slogan.

Third Party Content

Photofrog reserves the right to display third party content. Any third party content not imply affiliation, endorsement or approval by Photofrog. Photofrog makes no claim or representation regarding, and accepts no responsibility for, such content or for the quality, accuracy, nature, ownership or reliability thereof.

Your Account

By agreeing to these terms you warrant that you are 18 years or older and that all information provided true and correct.

Important notices may be sent to your email account, as such please ensure that your details remain updated.

This website uses cookies and may collect and use data as per the privacy policy.

Photofrog reserves the right to terminate, with 30-day written notice to the associated email address, any free accounts that are considered to be dormant. A free account will be considered dormant when:i

• An account has not generated any sales within a 12 month period, or
• There has been no activity by any users of an account within a 12 month period

The content owner responsible for maintaining the confidentiality of the password associated with his account and for ensuring safety measures are implemented.

You agree to immediately notify Photofrog of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to any information disclosed by you.

Photofrog is hereby indemnified and held harmless against any and all damages relating to any security breach.

Disclaimer of warranties

The website, the website materials, the products and the services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Photofrog disclaims all warranties, express or implied, without limitation, including but not limited to merchantability, fitness for a particular purpose, general use as the case may be to the website, products and services.

Photofrog does not represent or warrant that the website materials or the services are accurate, complete, reliable, current or error-free or that the website, its servers or email sent from Photofrog or the website are free of viruses or other harmful components. Photofrog is not responsible for typographical errors or omissions relating to pricing, text, photos or videos. Photofrog also makes no representation or warranty regarding the availability, reliability or security of the website and shall not be liable for any unauthorized access to or any modification, suspension, unavailability, or discontinuance of the website or the products or services provided thereon.

Limitation of liability

You hereby indemnify and hold harmless Photofrog, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the website, the services, the products, the user content or the website materials contained in or accessed through the website, including any damages caused by or resulting from your reliance on any information obtained from Photofrog, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Photofrog's records, programs or services.

Licensing

For purposes of this clause the following terms will have the following meanings: "Commercial Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to the commercial use license; "Model Release" means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos or Videos; "Personal Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to thepersonal use license; "Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos or Videos.

1. Rights Granted by Content Owner

   By uploading or posting Photos or Videos to be licensed to Site users using Photofrog's shopping cart, the Content Owner hereby grants to Photofrog the right to facilitate the licensing by Content Owner of Photos or Videos posted on Photofrog to a licensee according to the Personal Use License

2. Content Owner Responsibilities
   1. The Content Owner agrees to pay the relevant transaction fees levied on sales as stipilated on Photofrog's pricing page.
   2. Content Owner is responsible for all Photos or Videos posted to the Site including without limitation the:
      1. designation of and update of prices using the pricing tool
      2. the removal, if necessary, of Photos or Videos from the Site.
3. Media Submission and Licensing

   Photofrog, at it's sole discretion, reserves the right to remove or reject any photos or videos submissions to the Website.

   Photos or Videos should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Photos or Videos are licensed directly by the Content Owner. Photofrog merely facilitates and enables such license and is not responsible for the Photos or Videos.

4. Representations and Warranties of Content Owner

   Content Owner represents and warrants to Photofrog that:

   1. Content Owner represents and warrants to Photofrog that he/she/it owns (or has legal right to represent and license) all copyright and other rights, title and interest in and to all Photos or Videos submitted to the Website and has the right to grant all licenses granted herein without violating the rights of any third party;
   2. if the Content Owner who is agreeing to this Terms is an agent of the copyright owner(s), then the Content Owner has been granted full authority of the copyright owner(s) to enter into this agreement;
   3. all information provided to Photofrog through the Website or by any all other means concerning all Photos or Videos, to the best of its knowledge, is true and correct; and
   4. all Photos or Videos submitted or posted on the Website by Content Owner have all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for Photos or Videos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks..
   5. all Media submitted or posted on the Website by Content Owner are of the best quality and suitable for good quality printing of up to A1 size as determined by Photofrog.
   6. The content owner agrees and confirms that he/she/it has obtained the necessary consent to upload, distribute, use and sell the videos and photos in terms of the Protection of Personal Information Act, 2013. Should the subject matter be a minor, that the necessary consent has been obtained from the guardian or parent. It remains the responsibility of the Content Owner to obtain the necessary consent in terms of the Act.

Applicable Law

This agreement is governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the High Court of Pretoria.

Severability

If any provision of these Terms shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.