This service is provided free of charge, courtesy of Henriska Technology (the "COMPANY"). The COMPANY reserves the right to modify the terms of use at any time and without notice. Any use of the service constitutes agreement to these Terms of use. Members are defined as anyone who has submitted photographs and where these photographs are displayed on this site.

Rules for online conduct

Members warrant they shall not use the SAFoto service for any of the following activities:

• Displaying photos that contain nudity, pornographic or obscene material of any kind;
• Displaying photos, captions, posts or descriptions that convey expressions of bigotry, prejudice, racism, hatred or profanity;
• Defaming any person or group;
• Linking to any site that promotes any of the above;
• Invading or otherwise violating the privacy rights of any person or group;
• Performing or assisting in the performance of any unlawful act.

Members also warrant that they shall not artificially inflate the number of accesses ("hits") to their photographs.

Members may however provide links to this site to promote their work and for the use in advertisements.

The COMPANY reserves the right to (1) remove, without notice, any material contrary to these policies and/or (2) refuse service to anyone who violates any of these Terms of use.

The COMPANY recommends that Members maintain their own backups of any 'irreplaceable' content, as the COMPANY cannot warrant that no loss or corruption of data shall occur.

Member will indemnify and hold the COMPANY harmless against all claims, liabilities, damages, expenses or losses arising out of any use of the SAFoto service that violates the rules for online conduct or any other term within the terms of use.

Warranties

NO REPRESENTATIONS OR WARRANTIES ARE MADE REGARDING THE MATERIALS IN OR OPERATIONS OF THIS WEBSITE. IN PARTICULAR, THE COMPANY MAKES NO WARRANTIES CONCERNING THE MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH MATERIALS OR OPERATIONS, EITH ER EXPRESS OR IMPLIED, AND DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF THIS WEBSITE. MATERIALS IN AND OPERATIONS OF THIS WEBSITE ARE PROVIDED AS-IS AND THERE IS NO WARRANTY MADE THAT THEY WILL BE FREE FROM ERRORS, INTERRUPTIONS, OR LOSS OF DATA. ANY LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGES OR LOSSES OF ANY KIND SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THIS WEBSITE.

THESE RULES REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY AND MAY NOT BE MODIFIED BY A MEMBER EXCEPT BY A SIGNED WRITTEN AGREEMENT. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SOUTH AFRICA. IF ANY PROVISION OF THESE RULES SHALL BE DECLARED BY A COURT TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

No unlawful or prohibited use

As a condition of your use of this Web site, you warrant to the COMPANY that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Use of Materials for Promotional Purposes

Members retain all rights, including copyright, to materials submitted by the Member. Members grant the COMPANY the right to display on the site and/or use for promotional purposes within the context of the site, all photos submitted to the SAFoto Gallery and/or the Photo of the Day. The COMPANY reserves the right to remove any entry from the Gallery at any time and/or not list a contributed photograph.

Privacy

The COMPANY will not release any details regarding the member to any 3rd party, except as required by law. Please read our Privacy Statement.

Copyright

It is the obligation of the individual members to ensure that no copyright is being violated by the posting of their photos. Members are solely responsible for the content of their photographs. If you feel a member is violating your copyright, please contact that member.