Terms and conditions

Bozapix Terms and Conditions of Use

Bozapix Website is a product of Bozapix (Pty) Ltd

1. Definitions

Unless indicated otherwise, the following words shall have the following meaning:

Bozapix                means this stock website for video, still images and audio

Content                means any stock items loaded onto the website that are of a moving image visual nature whether footage, inserts, time lapses and establishing shots and still images or audio files for the use in any audio-visual program, motion picture or any related use. “Stock” shall mean the same as ‘content’

Contributor         means an end user content provider be it a natural person or                                                                   legal entity

Customer             means the end user purchaser of content or stock, be it a natural person or a legal entity

End user               means a customer or contributor as defined above

Footage               means any content found on this site as whether recorded timelapses, establishing shots, interior images, inserts, videos and other recorded items excluding music

Purchase              means the exchange of monies for content between Bozapix and a buyer/seller whatever the case may be

Non-transferable              means that except as specifically provided in these terms and conditions, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the content purchased herein nor grant any right of use of stock content.

Website                means  www.bozapix.com, including all its pages and content.

You                       means the individual, the group, or the company.

2. Terms and conditions
   • This document constitutes a legally binding agreement between Bozapix and the end user. It spells out the Terms and conditions of the use of this website and its contents.
   • Bozapix reserves the right to change or alter these Terms and Conditions from time to time.
   • By using the website, you agree to all Terms and conditions as they are at the time of use of this website.
   • The Terms and Conditions set out the rights and obligations of the use of the website and the licenses that are applicable in respect of customers and contributors.
   • This website is for the exclusive use by persons who are over the age of 18. By virtue of use of, or engaging into a transaction, as a purchaser or a contributor, the user certifies that they are above the age of 18. We cannot be held liable for use by persons under the age of 18 who misrepresent their age. Persons under the age of 18 are assumed to be using it under supervision, advisement and guardianship of a person(s) of the 18 years of age and above.
   • While every effort is made to ensure the safety and security for the end user, Bozapix cannot be held liable for any hacking, misuse of this site including the illegal use of the content from this website by a user.
   • All content uploaded on this site is at the risk of the contributor. It is the responsibility of the contributor to ensure that any content does not infringe nor violate any rights protected in South African law or that of the area within their jurisdiction such as privacy, criminal injuria, freedom of expression, copyright, intellectual property, trademarks.
   • Bozapix reserves the right to remove any content that was pre-approved without necessarily giving reasons why to the contributor of such content.
3. USAGE OF WEBSITE
   • This site is built for the use of Purchasers (buyers) and Contributors (Sellers) of content.
   • Bozapix reserves the right to update the content at any time.
   • Bozapix reserves the right remove profiles and stock content at any time should such content or profile be deemed to be offensive, not meeting Bozapix’s quality requirements or not comply with any other standards set out in the rules and regulations.
   • Bozapix reserves the right to reject content uploaded by a contributor(s)
   • Bozapix reserves the right to reject profiles
   • Imagery sold on this site is assumed to be uploaded with all rights and permissions cleared by the contributor. Bozapix assumes no responsibility for rights acquisition for any and all content unless identified as Bozapix originals.

4. GRANT OF NON-EXCLUSIVE LICENSE
   • Bozapix hereby grants a non-exclusive, non-transferable right to use, modify and reproduce purchased content worldwide in whatever format, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
     • All stock can be used in audio visual multi-media production such as (but not limited to), moving picture film short or feature, documentary film, Television production, inserts overlays as part of live production or music videos and for any campaign, advertising or website promotion.
     • Content purchased on this site, cannot be sold onto a third party nor claimed to be the purchaser’s original content.
     • All additional rights required can be negotiated with the Bozapix legal team at legal@bozapix.com
     • Any changes to rights or license will be published if the parties deem it appropriate.
     • If content is exclusively is granted, purchaser is still bound by the limited use of the terms and conditions of sale.

• Watermarked or complimentary content found on Bozapix website;
  • Such footage is for the exclusive use as sample or demo content and cannot be modified in anyway. Complimentary footage cannot be accessed in resolutions higher than standard low resolutions and cannot be requested at higher resolutions.
  • The watermark is purposefully embedded to prevent piracy and protect the originator’s efforts and cannot be removed forcefully or otherwise.
  • License is limited to complimentary status.
  • Preview content downloaded may not be used in a final production or posted on a public platform but can be transmitted by a user via private links or file transfer systems
  • Users are required to permanently delete any watermarked content from their computer systems or web-based cloud storage systems within 10 days of such download, being a reasonable time user is allowed to keep using watermarked content as demo.

5. CONTRIBUTORS
   • By signing onto Bozapix and uploading your content, you confirm that you will adhere to all terms and conditions
   • By signing onto Bozapix and creating a profile and uploading content you confirm that you do so willing and under no duress
   • By signing onto Bozapix you accept that your profile will be presented in the public domain
   • You hereby grant Bozapix and the purchaser of the content item(s) worldwide, non-exclusive use of your content unless a prior agreement prohibits you to do so. This use is granted worldwide on a revocable royalty-free sublicensable license to sell to external users who through their purchase are bound by usage parameters as stipulated in purchaser clauses within terms and conditions. The license extends to use Bozapix’s promotional materials with, including a public customer list without your prior permission to do so
   • You may not upload pornographic content, or any content deemed to be exploiting children whether such exploitation is of sexual nature or otherwise
   • You grant Bozapix permission to use your content in the promotion of the website without prior notice.
   • You grant Bozapix to use or grant use of your content for free by news agencies as speculated in 9.3
   • You grant Bozapix to use or grant use of your content for free as long as it is watermarked (usually for demo purposes) and that Bozapix might not necessarily be able to track duration of such use
   • Bozapix takes no responsibility for any violation of usage rights by the purchaser.
   • You undertake that all content uploaded onto the Bozapix website by you or your company is in fact your original content and does not infringe on any third-party rights.
   • Bozapix reserves the right to remove content from the website should it be proven by a third party that the content is indeed their original content and you will be disqualified from participating as a contributor on Bozapix
   • The Contributor is bound by the sale options stipulated in Table 1. Bozapix reserves the right to alter or change this Table 1 at any time but is obligated to issue notice prior to publication of changes of any upcoming changes
   • All pricing is allocated per item uploaded and Quality checked by Bozapix. No standard pricing is offered until Bozapix advertising otherwise. Commissions are as per Contributor’s Agreement/s.
   • All additional rights and obligations required can be negotiated with our legal team contactable at legal@bozapix.com.
     • Any changes to rights or license will be published if the parties deem it appropriate.

Table 1: Sale options

6. PURCHASERS
   • By making a purchase on this website, you agree to all terms and conditions set at time of purchase and all changes and updates to Terms and Conditions of Bozapix into perpetuity
   • By making a purchase on this website you adhere to any license and usage stipulations attached to the purchase
   • By Making a purchase on this website, the content is to be used by you only and not sold onto other parties.
   • You may not use content purchased from Bozapix withing pornographic material or in material carrying high levels of sexual exploitation of children
   • By making a purchase of content on this website, the content is to be used within the legal parameters of use and the exploitation of the content i.e. not to be used in content that is offensive and does not negatively prejudice persons.
   • Third party transfer and use is only granted in the circumstance of team/company purchases as part of a blanket license or special granted circumstances i.e. for the manufacture of branded goods and merchandise subject to terms and condition.
   • Content purchased from Bozapix is bought/sold ‘as is’ against the watermarked preview displayed on the website. Bozapix will not be held liable for any further quality speculations made by purchaser or it’s own quality control mechanisms
   • Content previewed on the website has ‘basic grading & colour correction’ applied using basic cuts, the actual stock sent to purchaser is usually straight from source camera footage shot in cinematic format options or HDR (High Dynamic Range), hence video content might seem (especially by users not conversant with film style) flat or ‘colour washed out’, you or the user of content is expected to apply the grading options relevant to your use
   • Other video content deemed “Vertigo Compliant”, might required further post-production working in order to achieve the Vertigo effect, this especially for drone shots
   • Should Bozapix become aware that content purchased on this site is used beyond the license warranted, and on any social media website in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Bozapix of each such social media website’s use.
   • You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content.
   • If and when you become aware of any unauthorized duplication of any Content, notify us via email at support@Bozapix.com.
   • Unless otherwise specified, the number of Content downloads available is limited to the product selection purchased
   • Purchaser is required to make immediate downloads of all purchased content even though a link might reside in their profile for longer, Bozapix has the right to remove any content for any other reasons therefore it assumes you have downloaded the content upon purchase
   • Unless otherwise specified in the sale voucher, discount code applied to a purchase of any automatically renewing, installment payment or recurring subscription product shall apply only to the first installment thereof.
   • The Purchaser is bound by the sale options stipulated in Table 2.

Table 2

7. CONTENT RESTRICTIONS
   • Content depicting real persons cannot be used in a defamatory manner that seeks to embarrass, distort or place the person or persons in a manner that is deemed derogatory. Although Bozapix cannot track usage of each item of footage once purchased and downloaded, we fully reject the usage of content found on our website in content that seeks to defame, embarrass or subject the person to anything negative, defamatory or otherwise.
   • All footage that contains any form of? of political influence, discrimination or defamatory influence shall not be used in a manner that emancipates nor elevates a political, discriminatory or negative agenda.
   • The content unless otherwise expressly applied for and agreed to by a contributor, be used in pornographic programming or imagery. Special applications are set up to allow for such application.

8. CONTENT RESTRICTIONS, USAGE AND CREDIT
   • Watermark Content
     • Watermarked content can be used at no cost to the purchaser and is intended for the use as sample or demo content
   • Resell/Onsell
     • All content obtained on the Bozapix website is not for resell nor on sell and should it be proven that there has been a resell on any other platform or in any other sale environment, Bozapix reserves the right to take legal action and recoup sale amount.
   • Redistribution

All footage obtained on the Bozapix website is not for redistribution to any third party.

9. PROMOTION AND CREDITS
   • Bozapix Credits
     • Bozapix is to be credited within the credits of the content in the following manner: “Footage and license sourced through bozapix.com”

and shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

• When more than 5 clips are purchased for a motion picture, a solid white full Bozapix logo should be used within and alongside credit mentioned in 9.1.1
• All complimentary or sample footage shall be credit likewise in 9.1.1 & 9.1.2 above

• Contributor credits
  • The contributor is to be credited in the content credits in the following manner: “Footage and license sourced through bozapix.com/contributorname”

and shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

• News and Current affairs reporting
  • Should the content be used as footage for News Reporting, a special application is to be lodged with Bozapix to news@bozapix.com requesting particular footage which will be issued at no cost subject to the following restrictions:
    • Credit of Bozapix and the originator of the content is to be detailed during airing of the piece in the following format;

“Footage courtesy of www.bozapix.com/contributor”

• A schedule of airing is to be supplied to Bozapix.
• Item cannot be transferred for commercial use even if the usage is within the same News organization unless otherwise agreed.

10. WARRANTIES AND REPRESENTATIONS
    • Bozapix warrants and represents that:
      • Bozapix’s contributors have granted Bozapix all necessary rights in and to the Content to grant the rights set forth in above clauses.
      • Although Bozapix cannot fully track and trace the final nor continued usage of content sourced through our website, we warrant that all content as presented in its original form is not intended for more than single to which it was originally purchased for.
    • The use as Establishing shots in any content under the definition of Film of any genre except pornographic nor defamatory content and in the use of News and Current affairs as defined in clause above.
    • The use as inserts in content defined in the definitions of Film of any genre except pornographic nor defamatory content and in the use of News and Current affairs as defined in clause above.
    • The use as time lapses in content defined in the definitions of Film of any genre except pornographic nor defamatory content and in the use of News and Current affairs as defined in clause above.
    • Bozapix warrants that content is used under license as defined in clause 1 above.
    • Where content is uploaded and supplied by any one or group of Contributors, Bozapix relies on the accuracy of titles and descriptions as inserted by contributors and therefore cannot accept responsibility for any incorrect labeling of content. Bozapix warrants that the adjudication process will attempt to ensure all information on the content is correct at time of publishing.
    • Where content is comprised of Bozapix originals, Bozapix warrants that the information is correct and is not in contravention of any laws and is not set up to insult nor defame any entity nor person. Bozapix also warrants that all copyrights vest with Bozapix and not purchased on any other site nor platform for resale.

11. INDEMNIFICATION
    • In no event shall Bozapix nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise. Bozapix directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this
    • Subject to the terms hereof, and provided that you have not breached the terms of this agreement, Bozapix will defend, indemnify, and hold you harmless up to the applicable “Limit of Liability” set forth below:
      • Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Bozapix’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees).
      • Indemnification is conditioned upon you notifying Bozapix, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim.
      • Such notification must include all details of the claim then known to you (e.g. the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim).
    • All legal notifications are to be delivered to Bozapix in writing through the following means:

Email : legal@bozapix.com

Physical delivery: 38 Wessel Road, Edenburg, Johannesburg. Republic of South Africa via registered mail

All correspondence addressed to:  The Head of Legal

• Bozapix shall have the right to assume the handling, settlement or defense of any claim or lawsuit to which this indemnification applies:
• You agree to cooperate with Bozapix in the defense of any such claim and shall have the right to participate in any litigation at your own expense.
• You agree that Bozapix is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Bozapix having a reasonable opportunity to analyze such claim’s validity.
• Bozapix shall not be liable for any damages, costs or losses arising as a result of any modifications made to the Content or due to the context in which you use the Content.
• You hereby indemnify and hold Bozapix, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by these Terms and Conditions. You further agree to indemnify Bozapix for all costs and expenses that Bozapix incurs in the event that you breach any of the terms of this or any other agreement with Bozapix.

12. GENERAL TERMS
    • Except when required by law, Bozapix shall be under no obligation to issue refunds under any circumstances.
    • To cancel your account, please contact Customer Service support@bozapix.com
    • Should you wish to terminate your subscription before expiry, you are requested to correspond via email to support@bozapix.com Failure to do so will result the continuance of your subscription for the remainder of the applicable period until such that that you inform us of your intention to terminate your subscription.
    • If Bozapix does not activate automatic renewals. Bozapix will issue notices 1-month prior upcoming renewal. Should renewals not be activated, your account will be terminated until payments are effected. Late payments may be subject to interest and or penalties.
    • Prices are subject to value-added tax in South Africa at 15%, or prevailing legal rate.
    • Upon notice from Bozapix or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Bozapix may be liable, or if Bozapix removes any Content for any reason and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Bozapix shall provide you with comparable Content (which comparability will be determined by Bozapix in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of these Terms and Conditions.
    • If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Bozapix, upon Bozapix’s reasonable request which cannot be withheld unreasonably by you.
    • If you are entering into these Terms and conditions on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Bozapix for any breaches of the terms of these Terms and Conditions.
    • Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Arbitration Foundation of South Africa’s rules and regulations.
    • These Terms and Conditions shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof.
    • These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Republic of South Africa.

13. BREACH AND TERMINATION
    • If any individual term of these Terms and Conditions is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these Terms and Conditions, so that these Terms and Conditions shall otherwise remain in full force and effect.
    • In the event that you breach any of the terms of this or any other agreement with Bozapix, Bozapix shall have the right to terminate your account without further notice, in addition to Bozapix’s other rights at law and/or equity.
    • Bozapix shall under no obligation refund any fees paid by you in the event that your account is terminated by reason of a breach.
    • Neither Bozapix nor any of its shareholders, directors, executive management, employees, members, or contributors shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the content, Bozapix’s breach of this agreement, or otherwise, unless expressly provided for herein, even if Bozapix has been advised of the possibility of such damages, costs or losses.
    • Any use of a fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Bozapix, Bozapix will institute an automatic breach of contract on your part. In such instances, Bozapix will report your activities to the relevant law enforcement agency/ies.