Website terms and conditions

Please read these terms and conditions carefully before using this website. These terms and conditions govern your use of this site. Using this website indicates that you accept these terms, which shall take effect immediately on your first use of gmstudios.co.za

If you do not accept these terms and conditions ("terms"), discontinue to use this website. By using this website, you agree to be bound by the terms of this agreement.

These terms constitute a legal agreement between you and GM Studios ("GM Studios" “Garrith Murray” “Garrith Murray Studios” "we" or "our") and set out the entire agreement between GM Studios and you relating to your use of this website.
Please read this agreement ("agreement") in its entirety before you continue to use this website, download or purchase any image. If you do not agree, discontinue using the site.

No action of GM Studios, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms. Should any clause of these terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect?

Images may not be copied, distributed, altered or used in any manner not described on this site without purchasing a license or obtaining written permission from GM Studios or the copyright owner.

No image from this site may be published without purchasing a license. This includes but is not limited to free sites, personal sites, business sites and non-profit sites.
Altering any image will not free you from copyright infringement liability. Images displayed on the site may be digitally watermarked for tracking purposes.

It is strictly prohibited to use or contact this site in order to disrupt or damage the site, its contents or its security measures or to harass GM Studios or its clients or their respective products or services or personnel. No unsolicited email (Spam) may be directed to or through this site.

Ownership

This website is owned and operated by GM Studios. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by GM Studios, its licensors and its content providers.

Intellectual Property

All elements of gmstudios.co.za website, including, but not limited to, the general design and the content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with GM Studios, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of GM Studios or its licensors unless otherwise expressly agreed.

"GM Studios Images", "GM Studios" and the GM Studios logo, are trademarks of GM Studios and may be registered in some countries.

Indemnification for Breach

You agree to indemnify GM Studios, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the Terms of this Agreement or your unauthorised use of the Content and related rights.

How you may use the content on this website

Images, other than watermarked images in the “Stock Gallery”, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Watermarked images in the “Stock Gallery” may only be used for your internal "comps" and layouts. GM Studios does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, GM Studios grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images.

GM Studios will not issue high-resolution images for "comps" or layout purposes.

Model and Property Releases

GM Studios gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.
GM Studios gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured.

Information collected

When using this website, certain information, such as the site that referred you to gmstudios.co.za, your IP and email address, and navigational and purchase information, may be collected. This information may be used to generate user profiles and to personalise the website. On some occasions we may ask you to provide information about yourself, such as, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to relating to licensing transactions or to receive products or services. You may also be asked to participate in surveys or other online activities. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, certain products and services may not be available to you.

GM Studios believes you can make informed decisions about the collection and use of your personal information. These terms inform you about gmstudios.co.za online collection and use of information that identifies you personally so that you can make an informed decision about continued use of the site. These terms apply to www.gmstudios.co.za as well as any other sites which are hosted or operated, unless different terms are specified in a form or contract provided to you online or off-line. Users downloading or purchasing images should refer to the End User Licence Agreement for specific terms and conditions relating to the purchased image.

The websites linked to gmstudios.co.za or any third-party content provider may have different privacy policies and practices from those disclosed here, and we encourage you to become familiar with them. This site is operated by GM Studios in South Africa. By using this website, you understand and agree that the information collected from this site may be retained indefinitely, and may be stored, accessed, and used for a variety of purposes. GM Studios may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of GM Studios, and for which GM Studios assumes no responsibility.

How information can be used

Information collected online is stored indefinitely and may be used for various purposes, including processing your transactions, customer service, product and service development, direct marketing and marketing analysis, facilitating your use of this website, and customizing your image selection to your particular interests. The information we collect may be shared with our subsidiaries, agents, third party content providers, affiliates, and selected other entities for similar purposes.
In addition, we may notify you of special promotions, new products or services, or other information that may be of interest.

If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information by sending a e-mail to info@gmstudios.co.za

If you do not want to receive promotional information from gmstudios.co.za an e-mail can be sent to info@gmstudios.co.za expressly informing us that you do not wish to receive such materials.

Information, including personal information, may be disclosed as part of any merger, sale of the company assets or acquisition as well as in the unlikely event of an insolvency, bankruptcy in which personal information would be transferred as one of the business assets.

We reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Cookies

When you visit the GM Studios website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

Many sites do this whenever a user visits their website in order to track online traffic flows.
Cookies can record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, means that certain personalised services cannot then be provided to that user and accordingly that user may not be able to take full advantage of all of the website features. Each browser is different; so check the "Help" menu of your browser to learn how to change your cookie preferences.

Cookies enable this website to recognise the information you have consented to give to this website, which helps us determine what portions of this website are most appropriate to you.

Cookies are not used to examine your surfing behaviour before or after leaving the GM Studios website.

Children

We do not intend to either solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this website.

Contributions

Where you are invited to submit any contribution to gmstudios.co.za (including but not limited to any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant gmstudios.co.za a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to GM Studios the rights set out above, please do not submit your contributions.

Disclaimers

This website and its content are provided "as is" and GM Studios excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not GM Studios, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in these terms, or elsewhere on this website, or as otherwise required by applicable law, neither GM Studios nor its owners, directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Websites and companies listed on the GM Studios Images website are not controlled by GM Studios and we are not responsible for any content contained in any such website or company or any loss suffered by you in relation to your use of such websites and companies. We have listed the sites and contacts due to their relevance and potential help to our visitors and contributors, but we cannot monitor performance or content. You waive any and all claims against GM Studios regarding the inclusion of links to outside websites or your use of those websites.

GM Studios uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Jurisdiction

This agreement is governed by the laws of South Africa whose courts are the courts of exclusive jurisdiction.

This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.

If we are obligated to go to court to enforce any of gmstudios.co.za rights in terms hereof, you agree to pay all legal costs on an attorney and client scale.

Changes

We reserve the right to change terms, prices, information and available contractual license terms featured on this website without notice. The revised terms and conditions will be posted on the website. You are encouraged to review these terms and conditions whenever you visit our website to make sure you understand all the terms of use and to ensure you are aware of any changes made to gmstudios.co.za

Your continued use of gmstudios.co.za after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Copyright Notice

Copyright © 2006 Garrith Murray / GM Studios. All rights reserved.

If you believe that any material on this site, whether posted by us or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details at info@gmstudios.co.za so that an informed decision regarding possible deletion can be made.