TERMS OF SERVICE
Should you disagree with some of the TOS terms, you may not access or use the Site for any purpose.
1. CHANGES TO THESE TERMS OF SERVICE
New Africa Photo Ltd , in its commitment to provide you with the best service, will be making enhancements to the Site and therefore may need to make changes to the TOS. To efficiently effect this we reserve the right to update the Website or Interactive platforms such as Facebook, Twitter, Instagram, Whatsapp, Pinterest, Google+, Snapchat, Periscope, Youtube, Telegram and any new platforms that may emerge, and these TOS from time to time, at our discretion.
Should such changes occur, we will make sure to announce any major change in a prominent way or notify you by email; and of course, this document is public on http://www.africanstockphoto.com , and therefore you will be able to see the changes for any new version. Further, just as a heads up,
your continued use of the Site following the publishing of updated Terms of Service means that you accept and agree to the changes, in case you disagree with any such change kindly desist from using the Site.
2. ACCESS, USE, SECURITY AND PRIVACY
2. 1 ACCESS
At http://www.africanstockphoto.com we are working extra hard to provide you with the best service, however, we can't guarantee that the Site will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. Briefly, we do not nor will we take on any liability if, for any reason whatsoever, all or any part of the Website or Interactive platforms is unavailable at any time or for any period, or for any data loss.
http://www.africanstockphoto.com is happy to have you on board! However as we intended to provide a particular service to a particular group of people, http://www.africanstockphoto.com is only available for use if you fulfill the following criteria:
a. Permission to Use the Site
You are only allowed to access and use this Site subject to the TOS. Access and Use of the Site is at your own risk, including all and any legal and moral risk.
1. Prohibited use
You are specifically prohibited from:
(a) downloading, copying, or re-transmitting any or all of the Site or it's Content without, or in violation of, a written license or agreement with New Africa Photo Ltd;
(b) using any data mining, robots or similar data gathering or extraction methods;
(c) manipulating or otherwise displaying the Site or it's Content by using framing or similar navigational technology;
(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any http://www.africanstockphoto.com product or service if you are not expressly authorized by such party to do so;
(e) reverse engineering, altering or modifying any part of the Site or its Content;
(f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
(g) selling, licensing, leasing, or in any way commercializing the Site or it's Content without specific written authorization from New Africa Photo Ltd; and
(h) using the Site or it's Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Kenya or the country in which you reside.
2.3 SECURITY AND PRIVACY
http://www.africanstockphoto.com provides you with the ability to create an account and provide certain information about yourself in order to use some of the features that are offered through the Site.
In regard to creating such accounts, http://www.africanstockphoto.com would like to alert you to:
Your responsibility for maintaining the confidentiality of your account password. Your responsibility for all activities that occur in connection with your account. Your agreement to notify us immediately of any unauthorized use of your account. Please address your concerns to: email@example.com
In creating such account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a user to the Site; therefore:
You may not impersonate someone else, Create or use an account for anyone other than yourself, Provide an email address other than your own, or Create multiple accounts.
We reserve the right to close your account at any time for any or no reason.
3.1 Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("http://www.africanstockphoto.com Content"), is owned by New Africa Photo Ltd, its licensors, or its third-party image partners. All elements of the Site, including the http://www.africanstockphoto.com Content, are protected by copyright, trademark and other laws relating to the protection of intellectual property.
3.2 Interactive Platform Content
3.2.1 The Site may include discussion forums or other interactive Platforms or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other Platforms or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Platforms"). You are solely responsible for your use of such Interactive Platforms and use them at your own risk.
3.2.2 By using any Interactive Platforms, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any national or international law
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of New Africa Photo Ltd , is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Platforms or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose http://www.africanstockphoto.com or its users to any harm or liability of any type.
3.2.3 Further, you agree not to delete or revise any User Content posted by any third party. New Africa Photo Ltd takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is New Africa Photo Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
3.2.4 Your use of Interactive Platforms is at your own risk. As a provider of interactive services, New Africa Photo Ltd is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although New Africa Photo Ltd has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, New Africa Photo Ltd reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice.
3.2.5 You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
3.2.6 Any use of the Interactive Platforms or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Platforms and/or the Site.
3.2.7 You acknowledge and agree that New Africa Photo Ltd may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of http://www.africanstockphoto.com; or to protect the safety of our company, employees, customers or the public.
3.2.8 If you post User Content to the Site, unless we indicate otherwise, you grant New Africa Photo Ltd and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media.
3.2.9 You grant New Africa Photo Ltd and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.
3.2.10 You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
4. INTELLECTUAL PROPERTY RIGHTS
http://www.africanstockphoto.com service provides you with Content. This Content includes without limitation, information, data, text, photographs, videos, audio clips/podcasts, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website or Interactive platforms.
Your use of this Site means you agree that the Website or Interactive platforms and its original content, features and functionality (including look!), are owned by New Africa Photo Ltd and/or its licensors or third party image partners and are protected by local (Kenyan) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website or Interactive platforms itself. If you have doubts about whether and how to use of material on the Website or Interactive platforms, please address your concerns to: firstname.lastname@example.org
5. COPYRIGHT INFRINGEMENT
We do not undertake to review all material before it is posted on the Website or Interactive platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless New Africa Photo Ltd from any claims resulting from any action taken by New Africa Photo Ltd during or as a result of its investigations and from any actions taken as a consequence of investigations by either New Africa Photo Ltd or law enforcement authorities.
If you believe that any Content violate your copyright kindly follow procedure under the local copyright laws and thereafter provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient for us to contact you, such as email address, and telephone number.
- A statement that you in good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. LINKS AND EMBEDDED VIEWER
6.1 Links You may not use New Africa Photo Ltd or http://www.africanstockphoto.com logo or other
proprietary graphic of New Africa Photo Ltd to link to the Site without the express written permission of New Africa Photo Ltd. Further, you may not frame any New Africa Photo Ltd or New Africa Photo Ltd trademark, logo or other proprietary information, including the http://www.africanstockphoto.com Content, without New Africa Photo Ltd express written consent.
New Africa Photo Ltd makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of New Africa Photo Ltd and New Africa Photo Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. http://www.africanstockphoto.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by http://www.africanstockphoto.com of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that New Africa Photo Ltd shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
6.2 Embedded Viewer
6.2.1 Where enabled, you may embed http://www.africanstockphoto.com Content on a website, blog or Interactive platform using the embedded viewer (the “Embedded Viewer”). Not all
http://www.africanstockphoto.com Content will be available for embedded use, and availability may change without notice. New Africa Photo Ltd reserves the right in its sole discretion to remove http://www.africanstockphoto.com Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or
http://www.africanstockphoto.com Content. You may only use embedded http://www.africanstockphoto.com Content for editorial purposes (meaning relating to events that are newsworthy or of public interest).
6.2.2 Embedded http://www.africanstockphoto.com Content may not be used:
(a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship unless expressly permited;
(b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
New Africa Photo Ltd (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded http://www.africanstockphoto.com Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
7. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Your use of http://www.africanstockphoto.com is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website or Interactive platforms, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, nonexclusive, nontransferable license to use the Website or Interactive platforms. Because the Website or Interactive platforms is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
New Africa Photo Ltd make no claims or promises with respect to any third party. Accordingly, the New Africa Photo Ltd are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
New Africa Photo Ltd expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the New Africa Photo Ltd shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site. New Africa Photo Ltd disclaims liability for any (indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, loss of profits, business interruption, reputational harm, or loss of information or data.
8. GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the Laws of Kenya without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website or Interactive platforms shall be instituted exclusively in courts within the Kenyan jurisdiction.
9. WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and New Africa Photo Ltd and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- You may terminate the Terms at any time by closing your account, and discontinuing your use of the Site.
- We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
Kindly email email@example.com on any queries you may have in regard to these TOS and we will be sure to get back to you.
Thanks and welcome on board.