Terms and Conditions - Southphoto.cn - The leading Chinese stock photography site
Terms and Conditions
TERMS AND CONDITIONS This Agreement governs your membership in the southphoto.cn community, allowing you full access to the membership portions of the website located at (the "Site"). The Site is operated and owned by South PHOTOCHINA of Zhong Shan City Tian Rui Advertisement Limited Company, Guang Dong Province, China.
Site Usage Agreement By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this website on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under the southphoto.cn domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where South PHOTOCHINA has provided you with a translation of the English language version of the page or site's functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with South PHOTOCHINA. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Children Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Use of Watermarked Images Images include without limitation all digital images and any related textual information. Images include visibly or electronically watermarked and reduced resolution Images or higher resolution non-watermarked Images.

Conditional upon your compliance with this Agreement, South PHOTOCHINA grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Agreement applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, South PHOTOCHINA grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Registering For a South PHOTOCHINA Account To obtain access to our images as well as upload any images, you have to apply for a South PHOTOCHINA account and you agree to provide complete, true and accurate information. South PHOTOCHINA reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by South PHOTOCHINA. We are committed to protecting our users' privacy.

You agree that you shall not disclose such Log In account or password to any other party without the express written permission of South PHOTOCHINA. You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Log In account and such passwords, and that South PHOTOCHINA is authorized to accept your Log In account and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although South PHOTOCHINA does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), South PHOTOCHINA does not have the ability to access the password(s) themselves. You agree to take reasonable steps to prevent others from obtaining your access information and to notify South PHOTOCHINA of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify South PHOTOCHINA of any unauthorized use.
Credits Download credits can be purchased from the Buy Credit Page within the membership portion of the Site. Credits can be purchased online, or money order by mail.

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize South PHOTOCHINA to charge the designated card for the total amount of the purchase.

After acquiring a credits package or subscription, you can download images using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. If the image is to be used by more employees, then an Extended License is required.

None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without South PHOTOCHINA's separate written consent.
Rules of Conduct You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement.

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by South PHOTOCHINA and no communication of a third party or Content may be considered reviewed, screened or approved by South PHOTOCHINA. As explained below, South PHOTOCHINA reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other South PHOTOCHINA member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Use of contents All images and related informational materials in any medium provided by South PHOTOCHINA hereunder, including related text, captions, or information (collectively referred to as Images) are owned by South PHOTOCHINA and by our image providers (photographers), members of our community. All Images are protected by international copyright laws.

You may download Content only in accordance with the terms of this Agreement.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement).

South PHOTOCHINA may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. South PHOTOCHINA may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from South PHOTOCHINA.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by South PHOTOCHINA or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

South PHOTOCHINA makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements. If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
Standard Royalty Free License Terms We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by South PHOTOCHINA or the supplier of the Content, as the case may be.

Permitted Standard License Uses:

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless (i) the proposed use is allowable under an Extended License which is available for the Content; or (ii) if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should either obtain an Extended License or contact South PHOTOCHINA’s Client Relations for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);

2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;

3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels;

4. prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution;

5. any other uses approved in writing by South PHOTOCHINA.

If there is any doubt that a proposed use is a Permitted Use of Standard RF License, you should contact South PHOTOCHINA’s for guidance.

Excess Reproduction Run

either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 10,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 10,000 reproductions. This additional royalty does not apply to advertisements in magazines, newspapers or websites or to broadcast by television, web-cast or theatrical production.

In the event you contravene above without purchasing an Extended License, you further agree to notify South PHOTOCHINA in the event that you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 10,000 times. Such disclosure notice must be sent to South PHOTOCHINA each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 10,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only be require disclosure of those reproductions which are in excess of 10,000. South PHOTOCHINA shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.
Extended License Terms The following are the provisions that give effect to the various Extended License options. These must be read in conjunction with the Standard RF License provision, but are set out below for convenience.
Multi-Seat Licenses Notwithstanding the restriction contained in the Standard License Prohibitions limiting you to a single seat or location to use the Content, you shall be entitled with respect to this Content to an unlimited number of seats or users of the Content within your organization, provided all such users are either employees or agree with us to be bound by the Agreement, and that you remain liable for all use by such additional users.
Unlimited Reproduction / Print Run Limits Notwithstanding the restriction contained in the Standard License Prohibitions limiting you to 10,000 reproductions, you shall be entitled with respect to this Content to an unlimited number of reproductions.
Items for Resale - unlimited Run Notwithstanding the restriction contained in the Standard License Prohibitions prohibiting the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce unlimited number the following items for resale, license, or other distribution:

postcards, greeting cards or other cards, stationery, stickers, and paper products, posters, calendars or other similar publications, mugs or mousepads, t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods, framed or mounted artwork in or on which the Content is used or displayed (the "Resale Merchandise").
Electronic Items for Resale - Unlimited Run Notwithstanding the restriction contained in the Standard License Prohibitions prohibiting the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce an unlimited number of the following items for resale, license or other distribution:electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates

For all Extended License, provided that: the right to produce the Resale Merchandise in no way grants any right to you or any recipient of the Resale Merchandise in any intellectual property or other rights to the Content; you agree to indemnify the South PHOTOCHINA from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the Resale Merchandise.
Managing Content South PHOTOCHINA does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, South PHOTOCHINA reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. South PHOTOCHINA shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by South PHOTOCHINA to determine Accepted Content is done as a courtesy only.

South PHOTOCHINA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide South PHOTOCHINA with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use.
Indemnity You agree to indemnify, defend, and hold harmless South PHOTOCHINA against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
Termination This Agreement is effective until terminated. You may terminate this Agreement at any time by emailing service@southphoto.cn or by such other means of written notice acceptable to South PHOTOCHINA which enables confirmation of your identity and your intention to terminate. South PHOTOCHINA reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. South PHOTOCHINA may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

South PHOTOCHINA may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by South PHOTOCHINA.

Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to South PHOTOCHINA under this Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Agreement shall operate without prejudice to the South PHOTOCHINA’s rights, defenses and limitations of liability provided under this Agreement, which rights, defenses and limitations of liability shall survive termination of this Agreement.

Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.
Disclaimers South PHOTOCHINA PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOUTH PHOTOCHINA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER South PHOTOCHINA NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN ANY EVENT, SOUTH PHOTOCHINA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) USD DOLLARS.
South PHOTOCHINA Trademarks The trademarks, services and logos used and displayed in southphoto.cn are registered and unregistered trademarks of southphoto.cn its subsidiaries and affiliates. southphoto.cn trademarks may only be used publicly with the permission of southphoto.cn with proper acknowledgement. Except as expressly granted South PHOTOCHINA does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.
Contact If you have concerns relating to the Site or this Agreement, please contact South PHOTOCHINA at service@southphoto.cn.
Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND South PHOTOCHINA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND South PHOTOCHINA RELATING TO THE SUBJECT OF THIS AGREEMENT.
Help...