Karoo Sky Terms & Conditions

 WE RECOMMEND THAT YOU PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS. 

TERMS AND CONDITIONS

1.  Acceptance of the Terms and Conditions. Please read this entire agreement. THE TERMS AND CONDITIONS (“Terms”) of this agreement CONSTITUTE A CONTRACT BETWEEN YOU (hereafter “You”, or alternatively “Your”) AND Karoo Sky Aerial photography, Inc., (hereafter Karoo Sky Aerial photography “”) for itself and the benefit of its affiliates and subsidiaries, AND GOVERN Karoo Sky Aerial photography Services AND ACCESS TO This site (“Site”) and services BY YOU, AGENTS AND END-USERS. By ordering from Karoo Sky Aerial photography, You agree to be competent to Accept the Terms and conditions of this agreement, You have read these Terms before agreeing, You understand its contents, and You freely accept the terms. TO accept and AGREE TO THESE TERMS, CLICK “ACCEPT” at the bottom of this page OR click checkbox “I AGREE with Terms and Conditions”. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “ACCEPT” at the bottom of this page, do not click checkbox “I AGREE with terms and conditions,” AND DO NOT USE THE SERVICES. These Terms shall be binding upon You, heirs, legal representatives and assigns. By accepting these Terms, or by purchasing Services or by accessing Site, or authorizing or permitting any Agent or End-User to access or use the Services, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (“Entity”), You are agreeing to these Terms for that Entity and representing to Karoo Sky Aerial photography that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates.  If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Services.

2.  DEFINITIONS

2.1.     “Karoo Sky Aerial photography” means Karoo Sky Aerial photography , Inc., its affiliates, subsidiaries and their respective officers, directors, employees, agents, and representatives.

2.2.    “Services” shall be determined by your purchase(s) on this Site 

2.3.    “RCMA” shall mean the remote controlled model aircraft.

2.4.    “VLOS” shall mean visual line-of-sight.

2.5.    “PIC” shall mean the pilot in command of the RCMA who is ultimately responsible for its operation and safety during flight.

2.6.    “Cam-Op” shall mean the personnel who has remote control of the camera onboard the RCMA.

2.7.    “Photograph/Visual Images” are any type of recording, including photographs, digital images, drawings, renderings, video recordings, or accompanying written descriptions.

2.8.    “First Delivered Video” shall mean the first cut of the edited video delivered to You.

2.9.    “Final Delivered Video” shall mean the final cut of the edited video delivered to You.

2.10.    “Final Edited Photograph” shall mean the edited photograph(s) delivered to You. 

2.11.    “Final Stitched Panoramic” shall mean a group or sequence of Photograph/Visual Images stitched together by means of post-processing to create a equirectangular panoramic projection consisting of a single image with an aspect ratio of 2:1. 

2.12.    “Virtual Panoramic” shall mean a group or sequence of Photograph/Visual Images stitched together by means of post-processing to create a spherical 360-degree panorama from a single fixed location with interactive features.

2.13.    “Minor Alteration” shall mean a single edit session consisting of less then one hour of editing time.

2.14.    “Major Alteration” shall mean more then one hour of editing time.

2.15.    “Appointment” shall mean the scheduled date and time Karoo Sky Aerial photography  will perform Services. 

2.16.    “RAW” shall mean unedited video(s) or photograph(s) taken straight from camera.

3.  SAFETY ACKNOWLEDGMENT. Karoo Sky Aerial photography is not responsible for weather conditions and reserves the right to keep the RCMA grounded or discontinue flight if it is determined that flight conditions are unsafe. KarooSky Aerial photography  reserves the right to abort or modify flight if it is determined that shots pose unnecessary risk to living beings and/or property. Should weather prevent flight any time, Services will be rescheduled to a later date. Flight must remain under 400 feet and within VLOS of the PIC. To ensure safety, You and all persons must remain a minimum of 10 feet from RCMA, RCMA take-off and landing zone(s), PIC, Cam-Op, personnel and operators at all times.

4. SERVICES. Karoo Sky Aerial photography Services will be determined by your purchase on this Site. You shall have the option to purchase Services that best fit Your needs. When available, You can purchase additional add-ons. Services and add-ons must be purchased on this Site. If Services include local attractions, all locations of local attractions must be provided at time of purchase. Taking Photograph/visual images of local attractions are pursuant to the Terms of Paragraph 14 (Local Attractions). Any specific shots or stylistic requests are not guaranteed and must be requested at time of purchase. Karoo Sky Aerial photography reserves the right to refuse such requests.  Karoo Sky Aerial photography reserves the right to submit supplemental invoice(s) to You for any additional fees not included in Services, including but not limited to, additional filming, additional location visit(s), and additional editing. You will be billed  per hour for any extra filming, each additional location visit, per hour of additional video editing, and  per photograph for additional photograph editing not included in Services. Payments of supplemental invoice(s) shall be made in accordance to the terms of paragraph 17 (Payment).

5.  EDITED VIDEOS. If Services includes edited video, any stylistic and specific editing requests must be requested electronically via email prior to Services. Karoo Sky Aerial photography reserves the right to refuse any requests. Video editing does not include removal of object and artifacts (“Retouching”), any Retouching requests will be billed at per/hr. Edited video(s) will be electronically delivered to You in 1080p MPEG-4 (.MP4) file format in accordance to the terms of Paragraph 15 (Delivery and Turnaround) of this Agreement. After delivery of First Delivered Video, You may request a single re-edit, hereby defined as a Minor Alteration, within 48 hours of receipt. If You do not request a Minor Alteration within time period set forth in this Agreement, the First Delivered Video will be considered Final Delivered Video. After Final Delivered Video, additional edits will be billed at per/hour. RAW video will not be provided to You unless included in Package. Karoo Sky Aerial photography shall include credit on the title cards of the video, including but not limited to Karoo Sky Aerial photography ’s logo(s).

6.  RAW PHOTOGRAPHS. If Services includes RAW photograph(s), RAW photograph(s) will be electronically delivered to You in Digital Negative (.DNG) file format in accordance to the terms of Paragraph 15 (Delivery and Turnaround) of this Agreement. 

7.  RAW VIDEO. If Services includes video, RAW video(s) will be electronically delivered to You in either MPEG-4 (.MP4) or Quicktime (.MOV) file format in accordance to the terms of Paragraph 15 (Delivery and Turnaround) of this Agreement.

8.  EDITED PHOTOGRAPHS. If Services include Edited Photograph(s), editing includes cropping, straightening, adjusting exposure, adjusting temperature and adjusting white balance. Photograph editing does not include removal of object and artifacts (“Retouching”), any Retouching requests will be billed at per/hr. The quantity of Final Edited Photographs will be determined by Services. You will choose photograph(s) to be edited from photograph proofs, and said photograph(s) will be edited. After delivery of Final Edited Photograph(s), any editing requested by You will be billed per photo.

9.  VIDEO MUSIC. You will have the option of choosing a music genre. Video editing will not begin until music is specified by the Client. Karoo Sky Aerial photography  is not responsible for any First Delivered Video and/or Final Delivered Video delays due to You not specifying music. Any music changes after editing has begun and/or delivery of First Delivered Video will constitute a Major Alteration and You will be billed accordingly per hour. If Client waives the option to choose music, Karoo Sky Aerial photography will choose an appropriate song. Royalty fees must be paid for music that is not free or not royalty free by the client and supplied in time to finish the end product .

10.  STITCHED PANORAMIC. If Services includes Stitched Panoramic(s), the quantity of Final Stitched Panoramic(s) will be determined by Services. Final Stitched Panoramic(s) will be electronically delivered to You in JPEG (.JPG) file format in accordance to the terms of Paragraph 15 (Delivery and Turnaround) of this Agreement. After delivery of Final Edited Photograph(s), any editing requested by You will be billed per hour. 

11.  VIRTUAL PANORAMIC. If Services includes Virtual Panoramic(s), the quantity of Virtual Panoramic(s) will be determined by Services. Virtual Panoramic(s) will be hosted on Karoo Sky Aerial photography third party servers (“Servers”) and the hyperlink will be electronically delivered to You in accordance to the terms of Paragraph 15 (Delivery and Turnaround) of this Agreement. Virtual Panoramic(s) will be hosted on Servers for a maximum of one year from date of delivery of the hyperlink. After one year, Karoo Sky Aerial photography  will remove Virtual Panoramic(s) without further notice and the hyperlink will no longer be active. Additional hosting can be requested by You and You will be charged for upload fee and R100 per month for each Virtual Panoramic. After delivery of Virtual Panoramic(s), any editing requested by You will be billed  per hour.

12.  PROPERTY INFORMATION. If Services include video, all required information including, but not limited to; property address, listing agent information, logo(s), and specific title card information must be provided and/or requested by You at time of purchase. Karoo Sky Aerial photography is not responsible for incorrect or misspelled information provided by You and/or any delays due to missing information. 

13.  PROPERTY RELEASE. You acknowledge that You have obtained permission from said property owner and You grant permission to Karoo Sky Aerial photography , it’s employees and agents, to take and use photograph/visuals images of the interior and exterior of said property, including but not limited to, a residence, or commercial building, using Karoo Sky Aerial photography  system, including but not limited to, a RCMA, or other photography/video equipment. Photograph/visual images are any type of recording, including photographs, digital images, drawings, renderings, video recordings, or accompanying written descriptions.

14.  LOCAL ATTRACTIONS. Filming of any property not owned or represented by You including, but not limited to; non-private property, local attractions, or businesses, are contingent on, but not limited to; local ordinances, filming permits, and permission from the owner(s) of featured businesses. Karoo Sky Aerial photography cannot guarantee permissions will be granted for specific attractions requested by You and may request a Location Release Waiver be provided for said locations by You.  

15.  DELIVERY AND TURNAROUND. Turnaround time will commence on the first business day following the Appointment. “Business Day” means any day except (a) a Saturday or Sunday . Standard turnaround time for the following deliverables are as follows:

  1.  Turnaround for one (1) First Delivered Video is five (5) Business Days.
  2.  Turnaround for more than one (1) First Delivered Videos will be determined by Karoo Sky Aerial photography .
  3.  Turnaround for less than ten (10) Final Edited Photograph(s) is one (1) Business Day. 
  4.  Turnaround for more than ten (10) Final Edited Photograph(s) will be determined by Karoo Sky Aerial photography .
  5.  Turnaround for one (1) Stitched Panoramic(s) is five (5) Business Days.
  6.  Turnaround for more than one (1) Stitched Panoramic(s) will be determined by Karoo Sky Aerial photography .
  7.  Turnaround for one (1) Virtual Panoramic(s) is five (5) Business Days.
  8.  Turnaround for more than one (1) Virtual Panoramic(s) is will be determined by Karoo Sky Aerial photography.
  9.  Turnaround for RAW video(s) and/or RAW photograph(s) is one (1) Business Day.
  10.  Rush delivery is available for an additional charge, when available. All rush delivery requests must be requested by You in advance of Services and must be accepted by Karoo Sky Aerial photography. Karoo Sky Aerial photography reserves the right to refuse such requests.

16.  POSTING AND UPLOADING. If video is included in Services, Karoo Sky Aerial photography will post Final Delivered Video to Karoo Sky Aerial photography youtube channel and www.karoosky.co.za. The URL of the Final Delivered Video will be electronically delivered to You. This URL can be freely used to create a link to/from Your own personal website and MLS. Karoo Sky Aerial photography is not responsible for purchasing a personal domain or creating a personal website for You. Karoo Sky Aerial photography is not responsible for posting Final Delivered Video or Final Edited Photograph(s) to MLS and other websites.

17.  PAYMENT. You agree that You will pay for all Services you purchase on this Site, and that Karoo Sky Aerial photography may charge your payment method for any products purchased. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF SUPPLEMENTAL INVOICES AND FOR PROVIDING Karoo Sky Aerial photography WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL SUPPLEMENTAL INVOICES. When You make a purchase on this Site You will be billed at the time of or shortly after your transaction. If You use a credit card or PayPal account for a transaction, Payments will be processed at the time that the order is placed.  Orders that have been on hold (order is placed, but payment has not cleared) for more than 5 days will be canceled.  All sales of Services are final. Prices for Services offered through this Site may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Karoo Sky Aerial photography reserves the right to submit supplemental invoice(s) to You for any additional fees not included in Services. All supplemental invoice(s) are due in full within seven (7) calendar days following submission. If Karoo Sky Aerial photography is not paid in full within seven (7) calendar days following submission of supplemental invoice(s), You will be charged an interest rate of 2.0% per week on past due balances.

18.  CANCELLATION AND RESCHEDULING. All cancellations or reschedules require a 48 hour notice prior to Appointment or You will be subject to additional charges. Appointments canceled or rescheduled with less than a 48 hour notice will result in a charge of R500. Appointments that are missed that neglected to give 48 hour notice (no call, no show) will result in a forfeit of Services, no refund will be issued and you will not have the option of rescheduling Services.

19.  DEPOSITS. Karoo Sky Aerial photography reserves the right to accept deposits on Services. Karoo Sky Aerial photography will deliver Photograph/Visual Image proofs, including but not limited to low resolution RAW Photograph(s) with watermark, low resolution Final Edited Photograph(s) with watermark, low resolution Final Edited Video with watermark, and/or link to a low resolution streaming Final Edited Video with watermark. Once proofs have been delivered the remaining balance of Services will be invoiced to You as a supplemental invoice and the remaining balance will be due in full prior to delivery of Final Delivered Video, Final Delivered Photograph(s), and/or RAW Photograph(s). Payment of remaining balance supplemental invoices are subject to the terms of paragraph 17 (Payments).

20.  STAGING. It is Your responsibility to prepare and stage the property prior to Karoo Sky Aerial photography performing Services. Karoo Sky Aerial photography will take Photograph/Visual Images of the property as is. Karoo Sky Aerial photography is not responsible for staging the property, including but not limited to, moving furniture, trash cans, or pool supplies. Karoo Sky Aerial photography is not responsible for unwanted objects, items, subjects and/or persons captured while taking Photograph/Visual Images, including but not limited to persons, automobiles, boats, trash cans, and pool vacuums.

21.  OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS. You have permission to use all Final Delivered Video(s), and Final Edited Photograph(s) indefinitely. All Photograph/visual images are considered the sole and exclusive property of Karoo Sky Aerial photography. Karoo Sky Aerial photography reserves all rights to the Photograph/visual images. 

22.  VOICE OVER. If Services include Voice Over, Karoo Sky Aerial photography will record Voice Over audio track at the time of Services. You have the option of providing a pre-recorded Voice Over audio track. If You are providing the Voice Over audio track it must be provided to Karoo Sky Aerial photography at the time of Services. Video editing will not begin until Voice Over audio track is recorded or obtained. Karoo Sky Aerial photography is not responsible for any First Delivered Video, or Final Delivered Video delays due to Voice Over delays. Any Voice Over audio track  changes after editing has begun and/or delivery of First Delivered Video will constitute a Major Alteration and You will be billed accordingly per/hour. 

23.  INTERVIEW. If Services include an Interview, Karoo Sky Aerial photography will film Interview at time of Services.  Karoo Sky Aerial photography will not provide and wardrobe, hair stylist, or makeup stylist. Karoo Sky Aerial photography is not responsible for wardrobe, hair or makeup. 

24.  MAGIC HOUR / TWILIGHT. If Services include Magic Hour or Twilight, You will have the option to choose Magic Hour or Twilight, not both. Magic Hour Photograph/Visual Images will be taken approximately 40 mins before sunset and Photograph/Visual Image session will end at sunset. Twilight Photograph/Visual Images will be taken approximately 30 mins after sunset and Photograph/Visual Image session will last approximately 30 mins or until dark. 

25.  INDEMNIFICATION. You agree to defend, indemnify and hold harmless Karoo Sky Aerial photography, its parent, subsidiary and affiliated companies, and the directors, officers, agents, representatives and employees of each of them, from and against any and all liabilities, claims, demands, actions, losses, damages and expenses, (including, without limitation, attorneys’ fees and costs) judgments, subrogation's or other damages, including, without limitation, for personal injury or property damage, in any way arising out of or resulting from any of the following: (1) the breach by You of any term, condition, representation or warranty under these Terms; or (2) a defect in or malfunction of the Equipment; or (3) the performance of any Services under these Terms; (4) the transport of the Equipment by You to and from any location, including, without limitation, any location designated by You; or (5) the negligence, willful misconduct or wrongful acts of You, Your employees, agents or contractors. Karoo Sky Aerial photography makes no representations regarding the legality of the flight path chosen to complete the Services for You or whether such flight path would constitute an invasion of privacy or trespass as to any person or property. You agrees to indemnify, defend and hold Karoo Sky Aerial photography harmless against any civil or criminal complaints, claims, judgments or causes of action related to the flight path taken by any of the equipment used by Karoo Sky Aerial photography to complete the Services for You. You agree to indemnify, defend and hold harmless Karoo Sky Aerial photography, its parent, subsidiary and affiliated companies, and the directors, officers, agents, representatives and employees of each of them, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms or any activity related to your account, including negligent or wrongful conduct, by You or any other persons accessing the Site using Your internet account. Indemnification is not a waiver of claims against the manufacturer of the equipment used by Karoo Sky Aerial photography to complete the Services for You. The provisions of this Paragraph shall survive the termination of these Terms. Karoo Sky Aerial photography agrees to notify You in writing of any claim or demand promptly upon learning of its existence, and upon Karoo Sky Aerial photography request, You shall assume the defense of the claim or demand.

26.  RETURN POLICY. All sales of Services are final and non-refundable. Karoo Sky Aerial photography does not offer returns, exchanges or refunds. All rescheduling of Services are pursuant to paragraph 18 (Cancellations and Rescheduling). Prices for Services offered on this Site may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

27.  WAIVER. The waiver of any breach of any provision of these Terms will not constitute a waiver of any subsequent breach of the same other provisions hereof.

28.  SERVERABILITY. The invalidity or unenforceability of any particular word, sentence, paragraph, subparagraph, or provision of these Terms shall not affect the validity or enforceability of the other words, sentences, paragraphs, subparagraphs, or provisions of these Terms and these Terms shall be interpreted in all respects as if such invalid or unenforceable parts were omitted.

29.  GOVERNING LAW AND JURISDICTION. These Terms and Your use of this Site shall be governed in all respects by the law.. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Karoo Sky Aerial photography Services) must be commenced within one (1) year after the claim or cause of action arises. Karoo Sky Aerial photography failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Karoo Sky Aerial photography may assign its rights and duties under this Agreement to any party at any time without notice to you.

30.  ACCURACY OF INFORMATION. Karoo Sky Aerial photography attempts to ensure that all the information included on this Site is complete, accurate and current. Despite Karoo Sky Aerial photography efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Karoo Sky Aerial photography makes no representation as to the completeness, accuracy or correctness of any information on this Site. For example, Services included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, Karoo Sky Arial photography may make changes to information regarding price and availability without notice. While it is Karoo Sky Aerial photography practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute Karoo Sky Aerial photography acceptance of an order or Karoo Sky Aerial photography confirmation of an offer to sell a Service. Karoo Sky Aerial photography reserves the right, without prior notice, to limit the order quantity on any Service and/or to refuse service to any customer. Karoo Sky Aerial photography also may require verification of information prior to the acceptance of any order.

31.  PRIVACY. Karoo Sky Aerial photography may store some information in Your user account, including Your phone number, order history, and email, shipping, and billing addresses.. Karoo Sky Aerial photography does not sell your information to any third party.

32.  REVISIONS OF TERMS. These Terms may be revised at any time by updating this page. You should visit this page from time to time to review the current Terms. Certain provisions of these Terms of service may be superseded by legal notices or Terms located on particular pages of this site.

33.  TERMINATION. You or Karoo Sky Aerial photography may suspend or terminate Your account or Your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through Your account prior to termination. Karoo Sky Aerial photography reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

34.  COPYRIGHT. The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Karoo Sky Aerial photography. The collective work includes works that are licensed to Karoo Sky Aerial photography. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Karoo Sky Aerial photography or purchasing Karoo Sky Aerial photography Services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for Your own non-commercial use, or to place an order with Karoo Sky Aerial photography or to purchase Karoo Sky Aerial photography Services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Karoo Sky Aerial photography. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

35.  TRADEMARKS. All trademarks, service marks and trade names of Karoo Sky Aerial photography used in the site are trademarks or registered trademarks of Karoo Sky Aerial photography.

36.  TYPOGRAPHICAL ERRORS. In the event that a Karoo Sky Aerial photography Service is mistakenly listed at an incorrect price, Karoo Sky Aerial photography reserves the right to refuse or cancel any orders placed for Services listed at the incorrect price. Karoo Sky Aerial photography reserves the right to refuse or cancel any such orders whether or not the order has been confirmed.

37.  USE OF SITE. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Karoo Sky Aerial photography or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

38.  PARTICIPATION DISCLAIMER. Karoo Sky Aerial photography does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user-generated content on the Site, Karoo Sky Aerial photography is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Karoo Sky Aerial photography reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Karoo Sky Aerial photography in its sole discretion.

39.  THIRD-PARTY LINKS. In an attempt to provide increased value to the Sites visitors, Karoo Sky Aerial photography may link to websites operated by third parties. However, even if the third party is affiliated with Karoo Sky Aerial photography, Karoo Sky Aerial photography has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Karoo Sky Aerial photography. These linked websites are only for Your convenience and therefore You access them at Your own risk. Nonetheless, Karoo Sky Aerial photography seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work).

40.  RETARGETING. As You browse this Site and other Karoo Sky Aerial photography web properties, advertising cookies may be placed on Your computer so that Karoo Sky Aerial photography can understand what you are interested in. Karoo Sky Aerial photography display advertising partners then enable us to present You with retargeting advertising on other sites based on Your previous interaction with this Site. You can clear your browser cookies at anytime.

41.  ENITRE AGREEMENT. These Terms, along with the Location Release Waiver, Privacy Policy and Return Policy, constitutes the final, complete, and exclusive understanding between the parties, and replaces and supersedes all previous oral or written agreements, understandings, or arrangements between the parties with respect to the subject matter of these Terms. These Terms may not be modified or amended except in a writing signed by an authorized officer of each party to these Terms.

42.  MISCELLANEOUS PROVISIONS

42.1.    Should any litigation, including arbitration proceedings, be commenced between the parties to these Terms, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his or her attorney's fees in the litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. 

42.2.    As used in these Terms, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the other whenever the context so indicates. Paragraph headings contained herein are for convenience only and shall not be considered for any purpose in construing these Terms.

42.3.    These Terms shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.

 

 

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