Five Tiger (“We/Us”) is a business in the stock image industry that sells online images and a company registered in South Africa, with company registration number 2010/079512/23. Our address is 1 Charnwood Avenue, Zwaanswyk, Tokai Cape Town 7945.
You may not use the Website if you are under the age of 18 years.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
In this agreement the following terms apply unless the context otherwise requires:
2.1 all Restrictions on Use shall be incorporated into this agreement no matter how communicated to the User;
2.2 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit; it includes that person’s successors, legal representatives, permitted assignees and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person;
2.3 in the context of permission, “may not” in connection with an action of the User, means “must not”;
2.4 the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation;
2.5 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6 a reference to an act or regulation includes new laws of substantially the same intent as the act or regulation referred to;
2.7 a reference to ‘including’ or ‘includes’ will be construed to mean ‘including without limitation’;
2.8 this agreement applies to all supplies of Licensed Products by us. They prevail over any terms proposed by the User; and
2.9 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1 Subject to the terms of this agreement, we grant to the User a personal, non-exclusive, non-transferable, right to use and reproduce images in terms of the User’s purchase parameters (regarding time period, image size and media channel) in accordance with paragraph 3 (the “Licence”). In the event that the User creates a derivative work based on or incorporating one or more Licensed Products, all rights in and to such Licensed Products shall continue to be owned by Us. All other rights in the Licensed Products are expressly reserved by Us.
3.2 The User confirms that they have the capacity to enter into this agreement.
3.3 In entering into this contract the User has not relied on any representation or information from any source except our Website.
3.4 We do not offer the Licensed Products in all countries. Please contact Us for a list of countries for which we can provide a Licence.
3.5 If any information the User gives to Us is inaccurate, We will contact the User and give the User 10 working days to correct the inaccuracies. If the User does not comply within this timeframe, We reserve to the right to terminate the Licence and no refund will be due to the User.
3.6 The User has no right to use a Licensed Product outside the use specified at the time of purchase, permissions granted under the Licence in accordance with paragraph 3 and limitations as set out in paragraph 4.
3.7 This Licence is limited by the “Restrictions on Use” (paragraph 4) and by the choices the User has made which relate to time, extent, numbers, type of usage, and other matters, at the time of purchase of the User’s Licence. The User agrees to comply with all Restrictions on Use.
3.8 If, after purchasing a Licence subject to certain Restrictions on Use, the User wishes to amend the Restrictions on Use, the User must submit such a request via email. We will respond to the request within 10 working days of receiving it and the User must wait for written approval and comply with any conditions of that approval before deviating from the Restrictions on Use as originally agreed
3.9 No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
4.1 The User is not entitled to print more than 250,000 copies of the Licensed Product.
4.2 The User must not sub-license a Licensed Product.
4.3 The User must not Copy or Publish a Licensed Product except as specifically allowed in this agreement. Displaying any Licensed Product in any digital format or for any digital use at a resolution greater than provided in the purchase parameters for the User’s purchase as set out in paragraph 3, will be deemed to be an attempt to redistribute the Licensed Product and, at Our discretion, could result in the termination of the User’s Licence.
4.4 The User may not allow any other person to use a Licensed Product except in the situation or context for which the User has bought it.
4.5 The User may not represent or in any imply that the User is the owner or originator of any Licensed Product.
4.6 The User may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
4.7 Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against Copying or Publishing. We allow the User to use the definition of “Copy or Publish” used in this agreement.
4.8 The User may not use a Licensed Product:
4.8.1 except for the use specified at the time of purchase;
4.8.2 in a context which is pornographic;
4.8.3 containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
4.8.4 in part or as a whole, as a logo or otherwise to incorporate it in any Intellectual Property Rights of yours;
4.8.5 in an application for mobile/cell phone use, except as part of a marketing programme based on a website; and
4.8.6 for a secondary use, for example on social networks.
5.1 The prices payable by the User for the Licensed Products are specified on the Website.
If the User wants a Licensed Product which gives the User rights beyond the Licence as set out on the Website, the prices payable by the User are set out on the website and may be amended by us from time to time on the Website:
Unlimited print runs
Products for resale (calendar, t-shirts etc.)
Web resale (wordpress template etc.)
5.2 If the User wishes to effect the total buyout of any image, the User must contact Us directly.
5.3 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is the South African Rand (ZAR).
5.4 All prices on the Website are calculated including VAT, which will be charged on the prices quoted in this Clause 5 when payment is due.
5.5 Payment for our Licensed Products is non-refundable and cancellation and/or termination of this agreement by the User will not entitle the User to a refund of any payment made.
Some Licensed Products offered for Licence on the Website are owned by Third Party Owners and not by Us. Where that is indicated, the following additional provisions apply:
6.1 the price of the Licence includes a sum payable by us to the Third Party Owner;
6.2 the User has no obligation to make payment to the Third Party Owner;
6.3 We are the agent of the Third Party Owner and accept all obligations and liability to the User in connection with the Licensed Product;
6.4 the User remains liable to the Third Party Owner, through Us, for compliance with this agreement;
6.5 in any event when the User may be liable to the Third Party Owner for breach of this agreement, the User will indemnify Us for all cost and liability arising from Our relationship with the Third Party Owner, Our acting as his agent, or the User buying a Licensed Product owned by the Third Party Owner.
7.1 Our Licensed Products are marked on the Website with a notation as to whether a release may be necessary. If not marked, you may take it that the Licensed Product in question has not been released.
7.2 In any event, We give no warranty that any Licensed Product may be used without the permission or release of some person. The User should exercise caution with regard to a Licensed Product containing a human person, trade mark, logo or work of art or architecture.
7.3 We are not liable to you in tort, delict, contract or other law, for any act or omission of a Third Party Owner.
7.4 Subject to the specific rights mentioned in this paragraph, we warrant that:
7.4.1 We have used our reasonable efforts to identify any person who may claim a right in a Licensed Product and have obtained any necessary release; and
7.4.2 We have used our reasonable efforts to obtain an indemnity on the User’s behalf from the Third Party Owner for expense and liability incurred by the User as a result of his failure to obtain the release of those third party rights.
7.5 If we inform the User that someone has claimed that We and the User are infringing his right by the User’s use of a Licensed Product, We may require the User to:
7.5.1 stop using the Licensed Product;
7.5.2 delete or remove from the User’s possession and control, every copy of the Licensed Product; and
7.5.3 ensure that every other copy of the Licensed Product which the User has passed to any other party is also deleted or destroyed.
7.5.4 negotiate appropriate compensation with the third party for the use of their Licensed Product
8.1 At least four weeks before the expiry of the period for which the User has paid, We will contact the User through the User’s last known email address to inform the User that their license to use the Licensed Products is due to expire and invite the User to renew. A quotation for the new period will be included.
8.2 At any time before the expiry of the User’s license, the User may use the “My Account” tab on the Website to access the User’s Personal Data and [change their requirements for Licensed Products or] cancel renewal.