Photofactory.co.za Terms and Conditions

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our photofactory.co.za use of cookies in accordance with the terms of photofactory.co.za privacy policy / cookies policy.

 

License to use website

Unless otherwise stated, photofactory.co.za and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without photofactory.co.za express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without photofactory.co.za’s express written consent.

 

Restricted access

Access to certain areas of this website is restricted.  photofactory.co.za’s  reserves the right to restrict access to areas of this website, or indeed this entire website, at photofactory.co.za’s discretion.

If photofactory.co.za provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Photofactory.co.za’s may disable your user ID and password in Photofactory.co.za’s sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to photofactory.co.za a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to photofactory.co.za the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or photofactory.co.za or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

photofactory.co.za reserves the right to edit or remove any material submitted to this website, or stored on photofactory.co.za’s servers, or hosted or published upon this website.

Notwithstanding photofactory.co.za rights under these terms and conditions in relation to user content, photofactory.co.za does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Photofactory.co.za makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, photofactory.co.za does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

Photofactory.co.za will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if photofactory.co.za has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit photofactory.co.za liability in respect of any:

  • death or personal injury caused by photofactory.co.za negligence;
  • fraud or fraudulent misrepresentation on the part of photofactory.co.za; or
  • matter which it would be illegal or unlawful for photofactory.co.za to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, photofactory.co.za has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against photofactory.co.za officers, tutors or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect photofactory.co.za officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as photofactory.co.za.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify photofactory.co.za and undertake to keep photofactory.co.za indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by photofactory.co.za to a third party in settlement of a claim or dispute on the advice of photofactory.co.za legal advisers) incurred or suffered by photofactory.co.za arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to photofactory.co.za other rights under these terms and conditions, if you breach these terms and conditions in any way, photofactory.co.za may take such action as photofactory.co.za deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Photofactory.co.za may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Photofactory.co.za may transfer, sub-contract or otherwise deal with photofactory.co.za rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and photofactory.co.za in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

General Terms and Conditions

1.1. Membership of photofactory.co.za is personal and is only available to persons over the age of 18. The membership and benefits cannot be used by anyone apart from the individual members.

1.2. The member consents to and accepts registration and processing of personal information by photofactory.co.za in accordance with prevailing legislation and these membership terms and conditions. photofactory.co.za is responsible for processing the personal information a member agrees to provide. This information, as well as purchase and all other information, may be used by photofactory.co.za and participating businesses to administer photofactory.co.za, including storage. Members’ postal address, e-mail address and mobile number may be used to send out information and offers within the framework of sending you our offers and specials.

1.3. Members have the right to inspect or correct own personal information. Members can withdraw consent for allowing photofactory.co.za to register and process their personal information. Withdrawal of consent will be treated as termination of membership of photofactory.co.za, with no refund on any fee paid.

1.4. A membership will be issued as soon as full payment for your chosen package has been made, this can take up to 7-14 working days, but we will endeavor to do it sooner where possible.

1.5.  It is up to the members to post images in order to take full advantage of photofactory.co.za, the owners of photofactory.co.za will not be chasing members up to post images.

1.6. Critique given to any pictures will be honest and direct, please do not be offended by what is written as it will be done in a manner to enhance your photography. If you are offended in any way please immediately send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

1.7. You will only have access to the nude photography in order to read tutorials as well as comment and ask questions if you have taken the appropriate membership.

1.8. Some of the images posted will be or nudes or deemed to be of a sexual content, please do not join the site if images like these may offend you.

1.9. Some of the models portfolios may continue images of nudity and could offend you, please be advised.

1.10. All images on photofactory.co.za remain the property of photofactory.co.za and may not be copied.

1.11. You will be able to view all members images as per the membership level you choose, this will enhance future learning.  At no stage will any images be removed, for whatever reason, unless photofactory.co.za deems the image to be inappropriate of harmful.

1.12. At least one of the Photofactory.co.za tutors will endeavour to give you critique on your images posted within your personal folder within 5-7 working days.  If in the unlikely event we miss a picture posting, please send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. after 7 working days.

1.13. Photofactory.co.za has the right to add and delete any content or images as per their discretion.

1.14.  Whilst photofactory.co.za will efforts to ensure the privacy of your contents and images to only members at certain levels we cannot fully guarantee that your images and information will not be made public.

1.15. By joining any membership level or by using the photofactory.co.za website, you agree to all of the terms and conditions.

 

REFUND POLICY

We do offer 100% refunds in two cases:

  • Within the first 7 days of your membership.
  • In case of unexpected renewals. If you had intended to stop your subscription and forgot, contact us within 7 days of the renewal.

If you decide for any reason to cancel your membership after your first month you will then be charged at our monthly rate for however many months or part there of you have belonged to Photofactory.co.za

There will also be a cancellation fee of R500 this will be an administration fee as well as for the tutorials that you would have already had access to, this is not applicable to a month to month contract.

If you wish to cancel your contract you will need to do by giving 20 business days’ notice in writing to This email address is being protected from spambots. You need JavaScript enabled to view it.

 

PRIVACY POLICY

Your privacy is important photofactory.co.za.  This privacy statement provides information about the personal information that photofactory.co.za collects, and the ways in which photofactory.co.za uses that personal information.

 

Personal information collection

Photofactory.co.za may collect and use the following kinds of personal information:

  • information about your use of this website
  • information that you provide using for the purpose of registering with the website
  • information about transactions carried out over this website
  • information that you provide for the purpose of subscribing to the website services any other information that you send to photofactory.co.za

 

Using personal information

Photofactory.co.za may use your personal information to:

  • administer this website;
  • personalise the website for you;
  • enable your access to and use of the website services;
  • publish information about you on the website;
  • send to you products that you purchase;
  • supply to you services that you purchase;
  • send to you statements and invoices;
  • collect payments from you; and
  • send you marketing communications.

Where photofactory.co.za discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, photofactory.co.za may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

 

Securing your data

Photofactory.co.za will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Photofactory.co.za will store all the personal information you provide.

 

Cross-border data transfers

Information that photofactory.co.za collects may be stored and processed in and transferred between any of the countries in which Photofactory.co.za operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

 

Updating this statement

Photofactory.co.za may update this privacy policy by posting a new version on this website. 

You should check this page occasionally to ensure you are familiar with any changes. 

 

Other websites

This website contains links to other websites. 

Photofactory.co.za is not responsible for the privacy policies or practices of any third party.

 

TEMPLATE COOKIES POLICY

 

About cookies

This website uses cookies.  By using this website and agreeing to this policy, you consent to photofactory.co.za 's use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

Google cookies

Photofactory.co.za uses Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information.  Google's privacy policy is available at: http://www.google.com/privacypolicy.html.]

Photofactory.co.za publishes Google AdSense interest-based advertisements on this website.  These are tailored by Google to reflect your interests.  To determine your interests, Google will track your behaviour across the web using cookies.  You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/.  You can opt-out of the AdSense partner network cookie at: http://www.google.com/privacy_ads.html.  However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.

 

Refusing cookies

Most browsers allow you to refuse to accept cookies. 

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. 

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

Blocking cookies will have a negative impact upon the usability of some websites.

 

Credit

 

This document was created using a Contractology template available at http://www.contractology.com.