This license agreement (hereinafter referred to as - the Agreement, the License) governs the mutual rights and obligations between you or any other person on whose behalf you enter into this agreement (hereinafter referred to as - you, the user, the customer, the licensee) and AFRICA STUDIO LLC (legal entity code in Ukraine - 43589374, hereinafter referred to as Africa Studio) regarding to any materials posted on the website https://africa-images.com/ (hereinafter referred to as - the site), the license for which is transferred to you. By downloading any content, you acknowledge that you have understood the terms of this License Agreement and accepted them (agree with them).
This license agreement defines the conditions under which the user must use photographs, vectors, videos and other materials (hereinafter referred to as - Files, Content) downloaded from the site, or in any other way provided to the user through the mediation of Africa Studio.
Africa Studio asks you to review this license agreement each time you purchase content from the site. Africa Studio has the right to make any changes to this agreement at its sole discretion. Prior to the effective date of such changes, Africa Studio will make reasonable efforts to notify you of such changes. Such notification may be sent to the email address registered in your account at https://africa-images.com/, published on this page, on the login page and / or distributed in other ways. Changes to these Terms will extend only to future purchases (including any automatic renewals). If you issue a license for the materials after such changes, you agree to be bound by the modified terms of the license agreement.
If for any reason you do not agree with the provisions of this Agreement and do not accept its terms, you should not enter the Site and use its resources.
This is a single user license that entitles one individual to sign in, license and use images. You must not allow others to use your username and password. If you require a corporate subscription that provides a multi-user license, please contact our support team at [email protected].
Africa Studio confirms that it is the owner of all rights and has all proper authority for the Content, including copyrights, and is entitled to license the Content in accordance with the terms of the License. The unchanged Content provided to you under the license does not contain violations of intellectual property rights, rights to public performance and privacy rights of any third party. The Content is copyrighted by Africa Studio.
You, in turn, confirm that:
- You are 18 years old or older and are entitled to accept the terms of this license agreement;
- You will comply with all the terms of this license agreement, and you will not use the Content in any way that violates the terms of this License;
- All information you provide to Africa Studio is correct;
Terms and Definitions:
Content, materials - all materials available for download and / or licensing on the website https://africa-images.com/, including images and videos.
Images - photographs, vector graphics, drawings, graphics and other similar objects.
Video - any moving images, animation, films, videos and (or) other audiovisual images, video elements, visual effects, graphics packages and interactive design projects, with the exception of still images that are recorded in any format.
1. Content License Terms:
1.1. According to the terms of this agreement, Africa Studio grants you a non-exclusive, non exceptional, perpetual, worldwide, non-transferable and non-sublicensable license, that allow you to use and modify the File in whole or in part to create any product subject to the terms of this Licenses and restrictions specified in this agreement.
1.2. You can upload files using Standard or Extended license. Choose the following:
- When using content to create a product that will not be resold or redistributed, you can use the Standard License;
- An Extended License is required when using content to create a product that will be resold or redistributed.
Before downloading content, the user must consider the end use of the product to determine the type of license that he will need to purchase.
1.3. The Standard License grants you the right to use the content to create all types of products (except products for resale or free redistribution).
1.4. According to the terms of Standard license you can use the downloaded content as follows:
- As a digital reproduction, including on websites, online advertisements, social networks, mobile advertisements, mobile apps, programs, e-cards, e-publications (e-books, e-journals, blogs, etc.), electronic mailings, as well as in electronic media;
- Printed on packaging or product labels, letterhead and business cards, point-of-sale promotional materials, CD / DVD covers, or advertisements and copies of physical media, including magazines, newspapers, and books (if provided that the content in total will be played no more than 500,000 times);
- In outdoor advertising, including billboards, outdoor equipment, etc., provided that the intended audience of the advertising (or any other) campaign is less than 500,000 screenings;
- For your personal non-commercial use (not for resale, download, distribution, or any other commercial use);
1.5. Under the terms of the Extended License, you get all the rights to use the content specified in clause 1.4. of this agreement, and in addition thereto the following rights:
- Reproduction of content in any way specified in clause 1.4. of this agreement, without limiting the number of screenings / uses / circulation;
- Use of content in the creation of any product for sale or distribution for advertising purposes;
- Use of content for decorative purposes in the design of commercial premises;
- Using content as elements of digital templates for sale or distribution.
1.6. If you require additional rights to use content that are not covered by the terms of the Standard or Extended License, please contact our support team (email address [email protected]).
The Website also contains materials marked "Editorial Use Only" (hereinafter - editorial materials). Use of these materials is governed by this clause of the License Agreement.
Editorial content can be used for the following purposes (print and digital):
- creation of documentaries;
- creation of scientific, popular science and educational books;
- creation of news articles and publications;
- creation of other materials of social and public value.
The use of editorial materials for commercial purposes is prohibited.
2. Restrictions on content use under Standard and Extended licenses:
2.1. You are not entitled to:
2.1.1. Post Content for free download on a shared drive, service, software or website for exchange, transfer or distribution.
2.1.2. Use the Content in a way that gives a third party access to it for further use.
2.1.3. Create conditions for extracting Content from a product or content.
2.1.4. Transfer, resell, sublicense, lease, donate or otherwise transfer the Content or its rights to third parties.
2.1.5. Use Content marked "Editorial Use Only" for commercial purposes.
2.1.6. Use Content for SPAM mailings.
2.1.7. Use the Content to create an official logo, company name, trademark, or otherwise register any intellectual property rights for the Content or with any government agency or non-governmental organization.
2.1.8. Use Content in a manner that infringes intellectual property rights, third party trademark rights, or generates claims of unfair advertising or competition.
2.1.9. Demonstrate, use, post the Content in such a form that will allow us to conclude that the persons or models involved in it approve of the activity, or use the products, services of any enterprise or trademark.
2.1.10. Use Content for pornographic, illegal or immoral purposes.
2.1.11. Use Content depicting a person in potentially controversial stories that may be perceived as offensive or unflattering in relation to that person (for example, stories related to physical or mental health problems, social problems, sexual activities or preferences, crimes, acts of physical or mental violence or disease).
2.1.12. Display, use, or publish Content in such a way that viewers have the impression that the model depicted in the Content endorses or encourages any political program, political party, candidate or elected official.
2.1.13. Use the Content to advertise or promote tobacco or alcoholic products.
3. Content intellectual property rights, copyrights:
3.1. The Standard and Extended Licenses under the terms of this agreement do not give the user copyright and / or intellectual property rights to the content. All copyright and other intellectual property rights in the content remain with Africa Studio. Africa Studio grants user the right to download and use watermarked samples free of charge solely for the purpose of evaluating and testing files prior to purchasing.
4. Duration of the agreement:
4.1. Your rights of using the content are governed by this Agreement and take effect from the moment of downloading the content. You have the right to use the uploaded content as long as your account has no debts, refunded or denied credit card or check payments. In the event of arising an account debt, you forfeit the right to use the downloaded content until such debt is fully paid off and agree to stop using the content and any derivative works, as well as to take all actions necessary to stop using it until the debt is paid off. You also agree to reimburse Africa Studio for all reasonable costs (including legal fees) incurred by Africa Studio in collecting late payments. Africa Studio reserves the right, in its sole discretion, to revoke or change any license granted to you under this Agreement, or replace any content with similar / alternative content.
4.2. This License is valid until terminated. You may terminate this Agreement by following means:
- remove of all content that you have downloaded in your possession and any licensed works, copies and related material;
- stop of using the content for any purpose.
Africa Studio may terminate this Agreement without giving you prior notice if you violate any term of this Agreement. After termination, you must immediately cease using the content for any purpose and remove all uploaded content in your possession, including copies.
You indemnify Africa Studio, its officers, employees, shareholders, directors, managers, members, and suppliers from damages or liability of any type for use of the materials not in the manner specified in these Terms. You also agree to reimburse Africa Studio all costs it may incur if you violate the terms of this or any other agreement with Africa Studio. You agree that Africa Studio, its affiliated businesses, its authorized employees, directors, employees, owners, agents, representatives, licensors and (sub) licensees (other than you) are not liable for any general, penal, special, incidental or consequential damage or loss of profits or any expenses arising from the use or non-use of the content, even if the parties have been warned of the possibility of their occurrence.
You agree to protect and completely release Africa Studio, its authorized persons, directors, employees, owners, agents, representatives, licensors and any other persons associated with Africa Studio and each of its successors, (sub) licensees (other than you) party Africa Studio from bringing claims (including from third parties) and reimbursement of any damages, penalties, costs and expenses, including fees for using legal services within reasonable limits and expenses incurred in connection with your use of the content or any violation , or an alleged breach of any warranty or other kind of obligation made by you under the terms of this license agreement.
6. Limits of responsibility:
Africa Studio's maximum aggregate liability against you for all claims in the aggregate is ten thousand US dollars (US $ 10,000.00).
7. Dispute Resolution Procedure and Applicable Law:
7.1. The norms of this agreement and the relationship between the parties are interpreted and regulated in accordance with the legislation of Ukraine.
7.2. All disputes arising in connection with this License Agreement will be resolved through negotiations. If the parties cannot resolve the dispute within thirty (30) days from the start of negotiations, the parties undertake to refer the dispute to the Permanent Arbitration Court at the Ukrainian Chamber of Commerce and Industry. The trial must be carried out in Ukrainian. The decision of the arbitral tribunal is binding for both parties.
8. Transfer of rights under a license agreement:
The parties may transfer their rights and obligations under this agreement only subject to the written consent of the other party. An exception is the transfer of rights from a legal entity to another legal entity that is a branch, successor to the original legal entity, or a legal entity founded by the original legal entity.
9. Prevailing language:
This License was originally drafted in Russian with an approximate translation into another language (if necessary). In the event of a difference in interpretation and explanation of the terms of this agreement, the Russian version will be prevailed.
10. Acceptance of the agreement:
You agree and confirm your acceptance of the terms of this license agreement by uploading content.
Last updated: Dec 30, 2020