Terms of use for all Content accessed or downloaded from this Digital Asset Platform, hereinafter referred to “the Platform”.

1. The Terms:

These terms and conditions of use (“Terms”) provide the legal basis for your use of the Platform and the content you find there. By using the Platform, you agree to these terms. If you do not agree to these terms, you must not use the Platform.

Changes in law or changes in the way we operate may lead us to make changes to these Terms from time to time. Such changes will become effective from the date on which they reflect on the Platform.

The Platform is South African Tourism’s web-based Platform that provides access to digital photographs, videos, and other types of content (“Content”) for use in the context of promoting tourism to South Africa. The Platform enables Users (“you”, “your”, etc.) to access Content and use it, subject to the requirements and restrictions set out in these Terms.

By accessing the Platform, and by continuing to access and use the Platform and Content, you acknowledge that you have read, and agree to be bound by, these Terms and the South African Tourism web Terms and Conditions. If you do not agree with any of the Terms, you may not use the Platform.

The assets (“Content”) on this site are freely available for use by South African Tourism, provincial and regional tourism authorities, DIRCO, governmental agencies, trade partners, SAT advertising agencies, and contractors (Collectively “SAT Agencies”) – solely for the purpose of promoting South Africa as a tourist and business destination. Other parties are permitted to use this Content provided that they comply with these Terms & Conditions.

South African Tourism warrants the rights to use this Content, in a manner compliant with these terms. The Content may only be used for the promotion of South Africa and in compliance of these Terms and Conditions.

2. Key Definitions:

Commercial Use is defined as the use of any Content in any media worldwide for the endorsement or promotion of any commercial product or service or use associated with any product, brand, or logo.

Commercial Uses rely on all persons & properties who/ which are featured in such Content having signed a legally binding Model Release and/or Property Release form. Commercial uses are likely to require a usage fee. To verify the existence of these releases, usage fees, and for any further information, please contact sat@greatstock.co.za.

Editorial Use is defined as the use of any Content in any media or publication worldwide which is informative, descriptive, and newsworthy and excludes any Commercial Use. Editorial uses should not require releases to be in place, provided that all terms of use have been complied with

Model Release is defined as a written agreement between a photographer and/or videographer and the subject of a photograph or video, giving the photographer and/or videographer permission to make use of their image. (link)

Property Release is defined as a written agreement between a photographer and/or videographer and the owner of a recognisable property used in a photo or video whereby the owner grants permission for the use of the image or video for its commercial use. (link)

3. How You May Use Content downloaded from our Platform:

3.1 Downloading Content:

Where you download any Content you agree to these Terms and any additional download information including through any “pop ups” or on-screen Terms that may be displayed in the process of you downloading the Content.

Your right to download and/or use any Content is a non-exclusive, non-assignable, personal, non-sublicensable, irrevocable right and license to use the Content strictly in accordance with these Terms of Use and any Download Terms. Content may only be used to promote South Africa as business and tourist destination, unless use thereof is an approved commercial use.

Completed productions such as TV commercials and completed audio-visual productions may be downloaded for editorial use only but must be used in their entirety.

NB: Taking and using extracts from these productions is strictly prohibited.

Where potential conflicts of interest may arise from your proposed use, your request for Content may be declined. We recommend that, if you are uncertain about any aspect of your use, you get authorisation from sat@greatstock.co.za.

Images (including video) may only be modified by means of cropping and/or colour enhancing technology, no other modifications are permitted without prior approval.

SA Tourism’s status as the authors and/or copyright owners and/or licensors of the Content must be acknowledged wherever possible by crediting © South African Tourism, unless stated otherwise on the specific Content copyright information on the Platform.

Should your use of the Content be in in breach of these Terms of Use or any other terms applicable to the Content, we reserve the right in our absolute discretion to cease your access to our Platform. You may be required to remove any instance of use of the Content found to be non-compliant with these Terms.

We may also terminate your right to use the Content at any time in our absolute discretion and without any liability, but we will endeavour to give you prior notice of any termination. Upon termination you must cease using any Content immediately and you will be required, upon our instruction and discretion, to remove any instances of Content that you used.

3.2 Uploading Content:

When you upload any Content, you agree to these Terms and also any additional upload terms, including through any “pop ups” or on-screen terms that we may display prior to you uploading Content.

South African Tourism does not reimburse contributors for Content uploaded, as it is designed for free use by South African Tourism as they deem fit. Consequently, contributors will not receive any compensation for authorised uses of the Content.

You confirm that any Content you provide, and upload is your own original work, that you are free to license to us and/or that you are duly authorised to grant us such license. You will retain copyright in and to your Content supplied and allow South African Tourism and/or its approved partners or stakeholders and/or other licensees and assigns to make use thereof as per these Terms, entered into by South African Tourism and their licensees or stakeholders regarding the use of the Content.

You agree that South African Tourism is authorised to make changes to your Content typically (but not exclusively) editing, cropping, adjusting colour and audio components. South African Tourism may also delete or remove Content considered to be inappropriate in its sole discretion.

By submitting Content, you grant South African Tourism and its users the irrevocable, fully paid-up non-exclusive right to offer and use such Content in all media, and including the right to reproduce, distribute, publicly display, communicate to the public and promote such Content worldwide.

Note: Always upload the best quality resolution available. Do not make excessive visual corrections. Avoid uploading excessive similar Content of the same theme, event, or place.

By submitting Content to the Platform, you warrant that such Content complies with regulatory requirements of South Africa and these Upload Terms.

You may not upload any Content that may be considered derogatory, obscene, blasphemous, racist or in poor taste, or violates the rights of any other party, or violates any laws or regulations of the Republic of South Africa. You specifically may not submit Content that belongs to any other person or entity.

You further confirm that you have obtained (a) all necessary signed and fully executed consents (“Model Releases”) from each individual appearing in your Content for using, publishing and/or distributing their audiovisual representation including images, videos, and voice recordings and (b) all necessary consents (“Property Releases”) in relation to any property (including any aircraft, vehicle, or boat as well as any buildings) included or depicted in your Content.

When uploading Content, you must provide information relating to place names and descriptions.

We may monitor the Platform for Content that does not comply with the Content requirements, and we reserve the right to remove any Content, which in our sole discretion, is in breach of such Content requirements or which we otherwise consider for any reason is unsuitable for inclusion on the Platform.

4. Malware, and viruses:

While we take every reasonable precaution, we do not guarantee that our Platform will be secure or free from malware, bugs, or viruses.

You are responsible for configuring your own information technology, computer programmes and systems to access our Platform. You should use your own virus protection software.

You must shall not misuse our Platform by knowingly introducing or attempting to introduce malware viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored, or any server, computer or database connected to our Platform. The Platform design is proprietary and contains intellectual property and you may not copy or reverse-engineer any aspect thereof.

You must shall not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offence under the laws of the Republic of South Africa and/or another relevant jurisdiction. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

5. Warranty, Indemnity and Ownership of Content, Accuracy:

You warrant that any Content that you upload complies with these terms and any subsequent amendment thereof, and as such you indemnify South African Tourism against loss and/or damages resulting from any breach of the warranty.

Any Content you upload to the Platform will be considered non-confidential and non-proprietary. You retain all ownership rights in your Content, but you are required to grant us and other users of the Content a perpetual, irrevocable, worldwide license to use, store and copy the Content and to distribute and make it available to third parties, as contemplated in these Terms of Use.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or their right to privacy.

Please contact sat@greatstock.co.za - the authorised representative for all Content contained in this site, to ascertain the availability of the rights to use any Content, and/or charges that may apply to your proposed commercial use of the Content.

Disclaimer: Whilst every care has been taken to ensure the accuracy of any description, and the availability of the right to use any of the Content for your purpose, SAT Agencies, their officers and/or licensees cannot be held responsible or liable for any errors contained therein.

Use of the Content is at your own risk, and we are not responsible for any use you may make of the Content, nor do we expressly or impliedly endorse your use. You undertake that your use of the Content complies with all applicable laws and regulations and that the rights of any persons or properties depicted in the Content are respected and that such use is not derogatory, defamatory, or otherwise likely to cause offence. You further undertake to indemnify SA Tourism and its licensees against any loss damage or liability arising from your breach of these Terms.

South African Tourism makes no warranties (express or implied) regarding the existence or otherwise of talent and property releases which may be required for your proposed use.

Content may not be used in any way that is likely to cause harm to the good name and reputation of South Africa or South African Tourism, or any person featured in the Content.

6. Privacy Policy

We undertake that we require some personal data about you to ensure smooth running of the site and use of the Platform and its Content but will not make any use of the data in a manner that will compromise your rights. We will not provide this data to any other entity who has no reason or right to obtain it. We set out the Terms on which we process any personal data we collect from you, or that you provide to us. By using our Platform, you consent to such processing. By registering to access the Platform you warrant that the information and data that you provide is accurate. You further consent that we may process the personal data we collect from you, or that you provide to us for purposes associated with your use of the Platform as further detailed herein and in our Privacy Policy.

We may monitor your use of the Platform for our own business purposes, including identifying issues with the Platform, to enhance functionality, to monitor for misuse, or for any other purpose relevant to our operations. Your use of the Platform is conditional upon this monitoring. The above terms are embodied in our Cookie Policy which sets out information about the workings of private information (“cookies”) on our Platform.