1. Introduction
These Terms and Conditions (“Terms”) govern your use of www.rogerballen.com (“the Website”) and any services provided by Roger Ballen Photography (“we,” “us,” or “our”). By accessing or using our Website and services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website or use our services.
2. Definitions
- “User,” “You,” and “Your” refers to you, the person accessing this Website and accepting these Terms.
- “Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
3. Use of the Website
3.1. Eligibility: You must be at least 18 years old to use this Website. By using this Website and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
3.2. User Account: To access certain features of the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
3.3. Prohibited Uses: You agree not to use the Website:
- In any way that violates any applicable national or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
4. Intellectual Property
4.1. The Website and its original content, features, and functionality are owned by Roger Ballen Photography and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5. User-Generated Content
5.1. By posting, uploading, inputting, providing, or submitting your Content to the Website, you grant Roger Ballen Photography and its affiliated companies and necessary sublicensees a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content.
5.2. You represent and warrant that you own or control all rights in and to the Content you post, and that such Content does not violate these Terms or any applicable law.
6. Products or Services
6.1. We have made every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors.
6.2. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
7. Purchases and Payment
7.1. If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
7.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct, and complete.
8. Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
9. Limitation of Liability
In no event shall Roger Ballen Photography, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Disclaimer
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Roger Ballen Photography | Inside Out Centre for the Arts
48 Jan Smuts Ave, Forest Town, Johannesburg 2193
[email protected]
+27 87 700 5998
Last Updated: 9/11/2024