TERMS OF SERVICE (USERS)
Acceptance of Terms
By making use of this product, you agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Afripik may publish periodically (known as the Terms of Service).
Warning: If after reading through, you do not agree to all these terms listed below, do not access or make use of this site.
Intellectual Property: Limited License to Users
Afripik provides this site on an “as is” and “as available” basis. This implies that Afripik reserves the right to modify, replace, or discontinue the site or any part of it at any time, for any reason, and without prior notice, to Afripik’s best judgement.
Besides terms outrightly provided herein or in a separate license agreement between you and Afripik, Afripik does not grant any outright or implied permission to use the site or any other Afripik Content. By agreeing to these terms, you also agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, loan, sell, lease, assign, display, distribute, license, sublicense, reverse engineer or even perform this site or any Afripik Content.
In addition, you agree to not use any robots, data mining, and/or any similar data /image gathering and extraction methods in connection with the site or Afripik Content.
Unless you enter into a license agreement with Afripik you may not download, distribute, display and/or copy any Afripik Content You do not have our permission to remove any watermarks or copyright notices contained in any Afripik Content.
Your agreement of these terms means that you agree to not use Afripik’s Trademarks in any manner that might tarnish or reflect adversely on such Trademarks or Afripik.
You agree herein to not contest, challenge in any like manner (such as in any legal action), assist or encourage any other person or party to contest or challenge the validity of any of Afripik Trademarks, or the Trademark rights claimed by Afripik.
You agree herein to not use any Afripik Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as a metatag, or as any other type of programming code or data.
Unless otherwise agreed, in the form of written consent, you may not at any time, adopt or make use of any word or marks, similar to or easily confused with Afripik’s Trademarks.
All other trademarks, product names, company names or logos, used or appearing on the Afripik website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Afripik, unless outrightly stated.
You may not use an Afripik trademark, logo, image or any other proprietary graphic of Afripik to link the Afripik website without the prior written consent of Afripik.
You may neither frame, nor hotlink to the Afripik website or any image without prior written consent of Afripik.
TERMS OF SERVICE (CONTRIBUTORS)
For any image, footage, text, audio, or any other media or content you upload or post to this site (herein referred to as “Your Content”), you represent and warrant that:
You have all necessary rights to submit Your Content to the site and grant the licenses set forth herein
Afripik will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content
Your Content and third party’s rights does not infringe, including intellectual property rights and privacy rights
By uploading Your Content, you grant Afripik a limited, worldwide, non-exclusive royalty-free license to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations.
The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
You are hereby forbidden from uploading, or transmitting any form of media (image, video, text, audio recording, etc.) that;
Infringes any third party’s copyrights, intellectual property rights, or any right of publicity or privacy.
Contains any pornographic, defamatory, immoral or otherwise unlawful content
Depicts unlawful or violent acts
Depicts animal cruelty or violence of any sort towards animals
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition
Violates any law, statute, or regulation.
You may not make use of any Afripik Content for any purpose without first obtaining a license to make use of the said content. Any such use by you shall be governed by the applicable license agreement separately entered into between you and Afripik. Any display and/or distribution to the public of any watermarked or unlicensed Afripik Content (whether incorporated into a derivative work or alone) constitute copyright infringement.
Infringement Claims/DMCA Notice
If you believe that any image or other material made available by Afripik infringes upon any copyright that you own or control, Afripik has adopted a policy of terminating, in appropriate circumstances and at Afripik’s sole discretion, account holders who infringe the intellectual property rights of Afripik or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Afripik Legal Department
(** Eventual venue of your choosing)
Restrictions and Termination of Use
Afripik may block, restrict, disable, suspend, or terminate your access to all or part of the site and/or Afripik Content at any time in Afripik’s discretion, without prior notice, or liability to you. Any conduct by you that, in Afripik’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the site is strictly prohibited and may result in the termination of your access to the site without further notice.
Engage in any conduct that shall constitute a violation of any laws that infringes the rights of Afripik or any third party.
Violate the rights of Afripik or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk, or threaten another.
Notwithstanding any of these Site Terms, Getty Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Links to Third Party Sites
Furthermore, Afripik accepts no responsibility for any content or practices of such third parties or their platforms.
Such platforms are not under Afripik’s control; hence, the said links are only provided as a convenience for you. A mere inclusion of a link does not imply affiliation, endorsement, or even adoption of any sort by Afripik.
WARRANTIES AND DISCLAIMERS
AS EARLIER STATED, THIS SITE IS ONLY AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK, AS AFRIPIK PROVIDES NO WARRANTY OF ANY KIND; EXPLICIT, IMPLIED, STATUTORY OR OTHERWISE.
AFRIPIK HEREIN DISCLAIMS OUTRIGHTLY, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SERVICE AVAILABLE FROM THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.
WITHOUT LIMITING THE ALREADY PREVIOUSLY STATED, AFRIPIK MAKES NO WARRANTY THAT;
THE SITE AND ITS QUALITY WILL MEET YOUR EXPECTATIONS, NEEDS AND/OR REQUIREMENTS
ACCESS TO THE SITE WILL BE UNINTERRUPTED
ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED
THE SITE WILL BE PERMITTED IN YOUR JURISDICTION,
ANY OF YOUR CONTENT SUBMITTED BY YOU WILL BE AVAILABLE THROUGH THE SITE OR WILL BE RESTORED BY THE SITE
AFRIPIK WILL CONTINUE TO SUPPORT ANY FEATURE OF THE SITE.
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE OUTRIGHT, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Any controversies/claims arising out of or relating to this agreement, or the breach thereof, shall be settled by binding arbitration administered under the (** arbitration rules act of the country where you chose to register Afripik eventually), and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
The place of arbitration shall be the (** wherever you choose to set up headquarters, or even any place of your choosing).
The language of the arbitration shall be English.
There shall be one arbitrator
Each party shall bear its own costs in the arbitration
Afripik reserves the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that such action is necessary or desirable. Such a necessity shall be determined to the best of Afripik’s own discretion.
Registration Data and Account Security
In consideration of your use of the Site, you agree to:
provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete;
maintain the security of your password and identification;
notify Afripik immediately of any unauthorized use of your account or other breach of security;
accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and
accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
Changes to Site Terms
Afripik reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms.
Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Please contact us if you have any questions or comments about the Site or Site’s Terms