APOLOGIES FOR THE INCONVENIENCE CAUSED DURING OUR e-UPGRADE !!!



Term & Conditions (USA)

Soweto Fine Art (Pty.) Ltd.

Terms of Use

Effective March 15th, 2014

Your use of any of the websites owned and operated by Soweto Fine Art (Pty.)Ltd. or websites owned and operated by Martin G. Britz is conditioned upon Your acceptance of these legal terms of use including our privacy policy.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You. It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Rights to Contents and Intellectual Property

The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz.

Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.

Use of this Website

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's express written consent. All rights not expressly granted here are reserved to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz.

You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.

No Warranties

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.

imitation of Liability

In no event shall Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Indemnification

You agree to defend, indemnify and hold Soweto Fine Art (Pty.)Ltd and or Martin G. Britz harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.

Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods and services and to specific portions of features of the Website, including but not limited to sales, licenses, contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of these legal terms of use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Website

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz cannot prevent the harvesting of information from this Website, and You may be contacted by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, may or may not be posted to this Website at the sole discretion of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz and may be used by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.

Although Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.

Notice and Procedure for Making U.S. Claims of Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A detailed description of the copyright work that You claim has been infringed;
  3. A description of precisely where the material that You claim is being infringed is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's Copyright Agent for Notice is:

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz

ATTN: Copyright Agent

 

E-Mail: frontdesk@sowetofineart.co.za

We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may terminate user accounts that have been the subject of five (5) separate DMCA notices.   In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz will treat the underlying DMCA notice as withdrawn.   Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's Terms of Service.

Notice and Procedure for Making U.S. Claims of Trademark Infringement

If You believe that Your work has been copied in a way that constitutes trademark infringement, please provide a Notice with the following information to the Website's trademark Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;
  2. A detailed description of the trademark work that You claim has been infringed;
  3. A description of precisely where the material that You claim is being infringed is located on the Website;
  4. Your address, telephone number, and email address;
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law;
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the trademark owner or authorized to act on the trademark owner's behalf.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's Agent for Notice is:

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz

ATTN: Trademark Agent

 

E-Mail: frontdesk@sowetofineart.co.za

We may give notice to our users by means of a general notice on our Website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may terminate user accounts that have been the subject of five (5) separate DMCA notices.   In the event a user's materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz will treat the underlying DMCA notice as withdrawn.   Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to terminate user accounts that are the subject of fewer than five (5) DMCA notices in appropriate circumstances - such as where the user has a history of violating or willfully disregarding Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's Terms of Service.

Termination

At its sole discretion, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.

Unaffiliated Products and Websites

Descriptions of, or references to, products, publications or Websites not owned by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or its affiliates do not imply endorsement of that product, publication, or Website. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.

Linking Policy

This Website may provide, as a convenience to You, links to websites owned or operated by parties other than Soweto Fine Art (Pty.)Ltd and or Martin G. Britz. Each linked website may have its own terms and conditions of use, as described in that website's legal notice/terms of use. Those terms and conditions may be different than these legal terms of use, and we urge You to read each website's legal notice/ terms carefully before You use that website. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external Websites. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz does not endorse the content, or any products or services available, on such web sites.

United States Governing Law / Void Where Prohibited

This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of Kentucky, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Soweto Fine Art (Pty.)Ltd and or Martin G. Britz intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

Contributor Terms of Use

Effective March 15th, 2014

As a Contributor "You" agree to be bound by this Contributor Terms of Use Agreement ("Contributor Agreement"). This Contributor Agreement sets out the legally binding terms that govern Your use of the Soweto Fine Art (Pty.)Ltd and or Martin G. Britz Website ("Website") in connection with the distribution of images and information. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may modify this Contributor Agreement from time to time and such modifications shall be effective upon posting to the Website. The changes to this Contributor Agreement may be made without advance notice to You, and You agree to be bound by any changes if You continue to use the Website after such changes are posted.

In order to be a Contributor on Soweto Fine Art (Pty.)Ltd and or Martin G. Britz:

  1. You review and agree to these Terms and Conditions of Use.
  2. You sign up to be a Contributor by creating an account.
  3. You upload Your images to the website.
  4. You decide whether You want to just sell Your images as print-on-demand products and/or license them royalty-free, rights-managed, or both.
  5. You set Your own prices for the various products (e.g. canvas prints, greeting cards, iPhone cases) and image licenses that we offer.
  6. You're done.

Opening an Account

You must open an account to sell print-on-demand products or license your images through the Website.

After opening an account on Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, You may create a public profile page which includes your name, biography, contact information, images, and other information and content that you choose to upload and/or publicly disclose. All of this information is fully disclosed on the Website. Any member of the public who visits the Website will be able to view all of the profile information that You have entered.

Cancelation of Account

You may close Your account at any time by logging in and clicking on the icon that says "Close Account" . After clicking that link, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz will immediately close Your account and remove Your profile page and uploaded images from the Website.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may cancel a Contributor account at any time for any reason. Even after Your account is terminated, Your obligations under this Contributor Agreement will remain in effect.

Submission of Images

By submitting images to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, You grant to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz a worldwide, non-exclusive right to sell, license, sublicense, reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any images uploaded by You and accepted by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz in exchange for specified compensation as agreed upon by You and Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, until such time as this Contributor Agreement is terminated pursuant to its terms. You further grant to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz a worldwide, non-exclusive right to use the images You submit and Your name, username and Images in connection with Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's marketing and promotional activities without the payment of any compensation to You.

You expressly waive any artists' authorship rights or any droit moral that You would otherwise have under the laws of the State of New York, United States Copyright Act or similar laws of any jurisdiction.

If you choose to sell image licenses for any of your images, You grant permission to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz to add, modify, or remove information related to Your Images in order to manage and license such Images.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz has the right to refuse to accept or to remove Images from the Website for any reason. Images will be removed if Soweto Fine Art (Pty.)Ltd and or Martin G. Britz believes that the Images will subject Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or any of its officers, managers, directors or employees to legal liability or if the Images violate these terms and conditions of use.

Agreement to License Images to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz

For any images that you choose to license via one of our Royalty-Free or Rights-Managed Licenses, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz shall have the right, but not the obligation, to license Your Images to its customers for use in accordance with Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's Royalty-Free License and Rights-Managed License programs. Terms and conditions that govern the customer's use and restrictions on use of the Images You license can be found here. You have the obligation to read and familiarize yourself with the terms of the licenses. These license terms are deemed incorporated into and made a part of these terms and conditions of use by this reference. Licenses issued by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz for any Image that is later removed from the Website will remain in full force and effect.

Ownership of Images

The copyrights in and to all Images You submit remain with You as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz or its sublicenses.

Compensation

For all of the products and image licenses available on Soweto Fine Art (Pty.)Ltd and or Martin G. Britz, You have the ability to set your own prices and specify exactly how much You want to earn for each product sale or license sale.

When a sale is made, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz shall credit Your Soweto Fine Art (Pty.)Ltd and or Martin G. Britz account with the price that you had set for the purchased product / license at the time the buyer added the product / license to his shopping cart on soweto-fine-art-gallery.pixels.com

You may change the prices for any product or license, at any time, by logging in to Your account and making the change.

If Your account is terminated for a breach of the material terms of the Contributor Agreement, in addition to its other rights at law or in equity, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz shall have the right to retain any royalties and/or other compensation otherwise payable to You hereunder as liquidated damages.

If You are credited compensation in connection with a sale and Soweto Fine Art (Pty.)Ltd and or Martin G. Britz thereafter issues a refund to the buyer for that sale, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz shall have the right to deduct payments credited to Your account. If Soweto Fine Art (Pty.)Ltd and or Martin G. Britz makes an overpayment of compensation to You for any reason Soweto Fine Art (Pty.)Ltd and or Martin G. Britz shall have the right to deduct the amount of such overpayment from Your account or to demand the immediate repayment of such overpaid compensation.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to cancel any order placed on the Website at any time for any reason. When an order is canceled, the buyer will receive a full refund, and the Contributor will not be entitled to any compensation from the sale.

Payments

Payments are sent to you on the 15th of each month for all of Your sales that were received by Soweto Fine Art (Pty.)Ltd and or Martin G. Britz on or before the 15th of the previous month which were not subsequently canceled or returned within 30 days after the sale date.

All payments are sent via Paypal. If You do not have a Paypal account, You can not receive payments from Soweto Fine Art (Pty.)Ltd and or Martin G. Britz.

There is no minimum balance required to receive a payment. If Your payment due is greater than $0, the payment will be sent.

Returns

You grant Soweto Fine Art (Pty.)Ltd and or Martin G. Britz the right to dispose of Your returned products in any manner we see fit.

Copyright Infringement Claims

While Soweto Fine Art (Pty.)Ltd and or Martin G. Britz takes commercially reasonable steps to ensure that the rights of its Contributors are not violated, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any Images. You hereby grant Soweto Fine Art (Pty.)Ltd and or Martin G. Britz the right and authority to take such steps as Soweto Fine Art (Pty.)Ltd and or Martin G. Britz deems commercially reasonable to protect Soweto Fine Art (Pty.)Ltd and or Martin G. Britz's rights in the Images. Soweto Fine Art (Pty.)Ltd and or Martin G. Britz recommends that You register all of Your Images for copyright protection, as such registration is generally a prerequisite to commencing an action for copyright infringement. More information on registering your work for copyright protection can be found at http://www.copyright.gov/.

Model Releases

You agree to provide valid and accurate model releases for all Images You contribute to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz that require said releases. You agree that You are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz with the Images. The submission of falsified, inaccurate or otherwise defective model releases is a material breach of these terms and conditions of use and can result in the immediate termination of Your account without notice.

You agree that Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may furnish redacted model releases to customers, in order to respond to any potential or actual legal action or comply with applicable laws, regulations, and/or union reporting requirements.

 Representations and Warranties

You represent and warrant that:

(A) You have the full right, power and authority to enter into this Contributor Agreement and to fully perform all of Your obligations hereunder;

(B) You are under no legal disability or contractual restriction that prevents You from entering into this Contributor Agreement;

(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;

(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;

(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;

(F) The Images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;

(G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Images or which might in any way impair the rights granted by You hereunder.

Content Posted to Website

You are solely responsible for the Content that You upload or post to the Website or any material or information that you transmit to other Contributors.

By posting any Content to the public areas of the Website, You hereby grant to Soweto Fine Art (Pty.)Ltd and or Martin G. Britz the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Website for purposes of sale and license. You also grant Soweto Fine Art (Pty.)Ltd and or Martin G. Britz the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting Soweto Fine Art (Pty.)Ltd and or Martin G. Britz.

You represent and warrant that: (i) You own the Content posted by you on the Website or otherwise have the right to transfer rights in the Content, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.

You understand and agree that Soweto Fine Art (Pty.)Ltd and or Martin G. Britz may review and delete any Content, message, image, or profile that in the sole judgment of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz violates this Contributor Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Contributor or any third-party.

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail , chain letters, or unsolicited mass mailing or spamming ; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that is sexual in nature; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is irrelevant to the print-on-demand business, image licensing business, or the stated purpose of this Website.

You agree to use the Website in a manner consistent with any and all applicable laws and regulations.

Repeat Infringers

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz requires all users to comply with copyright and other intellectual property laws.   You may not publish or make available any user material that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.   You represent and warrant that you have all rights necessary to publish and distribute any user material that you make available through FineArtAmerica.com.

If you are found to have violated copyright law in any way, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to terminate your access to the site.   Repeat Infringers of copyright law will be banned from Soweto Fine Art (Pty.)Ltd and or Martin G. Britz as required by copyright law 17 U.S.C. 512(i)(1)(A).

 Indemnification

You agree to indemnify and hold Soweto Fine Art (Pty.)Ltd and or Martin G. Britz harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the Contributor Agreement. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.

Limitation of Damages

IN NO EVENT SHALL Soweto Fine Art (Pty.)Ltd and or Martin G. Britz BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF Soweto Fine Art (Pty.)Ltd and or Martin G. Britz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Soweto Fine Art (Pty.)Ltd and or Martin G. Britz'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Soweto Fine Art (Pty.)Ltd and or Martin G. Britz.

Term & Fees

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz reserves the right to charge Contributors fees for membership on the Website. The current fee for standard members is $0.00 / year. The current fee for premium members is $30 / year. The premium membership fee is automatically charged to the premium Contributors once per year on the anniversary of their sign-up dates.

A notification of any fee change will be e-mailed to all affected Contributors at least 30 days in advance of the change. Any Contributor that wishes to cancel his/her account may do so at any time by logging in to his / her account and clicking on the icon that says "Close Account". Upon cancelation, Contributors will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the Contributor's sign-up date).

 Proprietary Rights in Content on Soweto Fine Art (Pty.)Ltd and or Martin G. Britz

Soweto Fine Art (Pty.)Ltd and or Martin G. Britz owns and retains all proprietary rights in the original elements of the Website, including its selection and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz and its licensors. Except for that information which is in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

 Miscellaneous

The relationship of Soweto Fine Art (Pty.)Ltd and or Martin G. Britz and the Contributor is that of independent contractors.

The Contributor Agreement contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.

The validity, interpretation and enforcement of the Contributor Agreement, matters arising out of or related to the Contributor Agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Illinois (without reference to choice of law doctrine).

BY SUBMITTING ANY IMAGES TO Soweto Fine Art (Pty.)Ltd and or Martin G. Britz YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF Soweto Fine Art (Pty.)Ltd and or Martin G. Britz PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME 

FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.