1. General provisions
1.1. This Agreement is a public offer. This Agreement sets forth the general terms and conditions of your use of the Website and the services accessed through this Website (individually and collectively, the «Services»). Whether you are simply browsing or using this Website, your use of this Website signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including:
- our Anti-Spam policy;
- Сomplaints policy.
1.2. The terms «we», «us» or «our» shall refer to Africa-images.com. The terms «you», «your», «User» or «customer» shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
1.3. Africa-images.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Website. Your use of this Website or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
1.4. If you do not agree to be bound by this Agreement as last revised, do not use Africa-images.com or the Services. In addition, Africa-images.com may occasionally notify you of changes or modifications to this Agreement by email. Africa-images.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
1.5. This Website and the Services are available only to users who can form legally binding contracts under applicable law. By using this Website or the Services, you represent and warrant that you are:
- recognized as being able to form legally binding contracts under applicable law;
- are not a person barred from purchasing or receiving the Services found under the laws of Ukraine or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms «you», «your», «User» or «customer» shall refer to such corporate entity.
2. The services on the website
2.1. Availability of website/services
2.1.1. We shall use commercially reasonable efforts to attempt to provide this Website and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.
2.1.2. You acknowledge and agree that from time to time this Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
2.1.3. You acknowledge and agree that we have no control over the availability of this Website or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
2.1.4. You shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of this Website.
2.2. Website functionality
2.2.1. Africa-images.com is one of the largest providers of high quality images for noncommercial, personal and business projects.
2.2.2. Africa-images.com provides photo and video content on various topics for use in various fields of activity (hereinafter - Content).
«Content» means all images, videos uploaded to Africa-images.com and available under the Africa-images.com License. «Image» includes photographs, vectors, drawings, and illustrations. «Video» means any moving images, animation, films or other visual images.
You can read the License agreement here.
2.3.1. Access to certain areas of our Website may be restricted.
2.3.2. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.
3. General rules of use
You acknowledge and agree that:
3.1. You must comply with this Agreement
3.2. Your use of this Website and the Services, including any content you create, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
3.3. You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3.4. The password to the account that is created by the User should be used only by this User. The account login cannot be shared.
3.5. You will not use this Website or the Services in a manner (as determined by Africa-images.com in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware;
- You will not copy or distribute in any medium any part of this Website or the Services.
- You will not modify or alter any part of this Website or the Services found at this Website or any of its related technologies.
- You will not access our Content through any technology or means other than through this Website itself.
4. Right to access and use the website
4.1. We grant you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must log-in (register) as a User («registered User»).
4.2. We reserve the right, at any time and without notice or explanation, to delete Content on our Website. In this case, our disclaimer applies without limitations.
4.3. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, «ripping» recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Africa-images.com or the Content;
- using the Africa-images.com to import or copy any local files that you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse - engineering, decompiling, disassembling, modifying, or creating derivative works of the Africa-images.com, Content or any part thereof except to the extent permitted by applicable law.
- use «robot», «web scraper», «spider» or another mechanized program, algorithm device or any similar or equivalent manual process to access, obtain, copy or control any part of Africa-images.com or any Content or in any way reproduce or by pass the navigation structure or presentation of Africa-images.com or any Content in order to obtain or attempt to obtain any materials, documents or information by any means that were not intentionally provided through Africa-images.com.
- manipulate identifiers to obscure the origin of any message or message that you submit to Africa-images.com.
Africa-images.com reserves the right to prohibit any such activity.
5. Africa-images.com content and trademark
5.1. The Website and the Services we offer via the Website, including all content of our experts, all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website, we are free to fully exploit such feedback.
5.2. The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the registered User) and is protected by applicable international legislation, including without limitation applicable copyright and trademark laws. The Service is copyrighted as a collective work and / or compilation in accordance with copyright laws, international conventions and other intellectual property laws.
5.3. Content elements such as identifiable people, logos, brands, audio samples, as well as images of celebrities, copyrighted architecture, sports, political and social events, etc., have been used in the creation of the Content with all necessary permissions. However, further commercial use of Content with such elements may require you to obtain additional permissions / licenses. Obtaining such permissions is the responsibility of the user. Africa-images.com expressly disclaims any responsibility in this respect.
5.3.1. Editorial Use Only means the image is not intended for advertising or commercial purposes as this requires permission from the owner. This rule applies to all Content without exception, including non-commercial.
5.3.2. "Editorial Content" may not be used for any advertising or commercial purpose that helps sell or promote products or services. When using editorial materials, it is necessary to mention the copyright holder - the Africa images photo bank and the link https://africa-images.com (if possible). The copyright mark must contain the following information: "Africa images / africa-images.com".
5.4. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Website or the Services found at this Website (including without limitation those features that prevent or restrict use or copying of any Africa-images.com Content or user Content) or enforce limitations on the use of this Website or the Services found at this Website, the Africa-images.com or the User Content therein.
5.5. Using the Website, you must not use any data mining, robots, parsing, or similar methods of collecting or extracting data. The technologies and software that underlie or are distributed in connection with this Website are the property of Africa-images.com and our licensors, affiliates and partners. You agree not to copy, test, create derivative works, reverse engineer, reverse assemble, or otherwise attempt to implement any source code, sell, assign, sublicense, or otherwise transfer any rights in such technology or software. Any rights to the software, program code used in the creation and operation of the Website, including elements not expressly indicated here, belong to Africa-images.com. Large scale or systematic duplication of the Content, including any use of the methods mentioned above, is prohibited, except as permitted by Africa-images.com.
This applies to all Content, including Content available as part of the public domain. The website is copyrighted as a collective work and / or compilation in accordance with copyright laws, other conventions and intellectual property laws.
5.6. You agree not to use the Africa-images.com trademarks in any way that may defame, discredit, or negatively affect such trademarks or Africa-images.com.
You also agree not to dispute (for example, in court or in any other way), not to contribute to challenging the validity of any Africa-images.com trademarks or Africaimages.com trademark rights claimed by Africa-images.com, and not to encourage others individuals do it.
You agree not to use the Africa-images.com trademark or any of its variants (including misspellings) as a domain name or part of a domain name regardless of the main domain name, or as a meta tag, keyword or any other type program code or data type.
Under no circumstances you may accept or use any words or marks that resemble the Africa-images.com trademark or could be mistaken for one without the prior written consent of Africa-images.com.
5.7. AFRICA-IMAGES.COM DOES NOT WARRANT THE COMPLETENESS, CURRENCY OR ACCURACY OF ANY MATERIAL AVAILABLE ON THIS WEB SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CONTENT IS PROVIDED BY AFRICA-IMAGES.COM "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
6. Personal data
WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE AFRICA-IMAGES.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING:
- LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/ OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL);
- ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL);
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE AFRICA-IMAGES.COM SERVICE SHALL BE YOUR TERMINATION OF USE OF THE SERVICE.
YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT.
YOU REPRESENTS AND WARRANTS TO AFRICA-IMAGES.COM THAT:
- YOU HAVE THE FULL CORPORATE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT, TO GRANT THE RIGHTS GRANTED AND TO CARRY OUT THE TERMS AND CONDITIONS CONTAINED HEREIN;
- THE TERMS OF THIS AGREEMENT WILL NOT BREAK OR CONFLICT ANY AGREEMENT TO WHICH YOU ARE A PARTICIPANT OR IN ANY OTHER WAY CONNECTED WITH;
- WHEN EXECUTION BY YOU THIS TERMS WILL CONSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION FOR YOU.
- WE CANNOT BE HELD LIABLE FOR THE AVAILABILITY OF THE AFRICA-IMAGES.COM.
- THE USE OF OUR SERVICES IS IN ANY RESPECT THE SOLE RESPONSIBILITY OF THE USERS.
9. Term and termination
We may terminate your right to access and use the services offered on the Africa-images.com Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease.
10. Additional services
11. Third party websites
Our Website Africa-images.com includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the Contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. General provisions
12.1. Africa-images.com will only rely on the conditions expressly specified in these Terms and Special Conditions in relation to certain Africa-images.com is provided by Africa-images.com. Any statements or agreements made or concluded elsewhere, whether directly or indirectly, in writing, verbally or in advertising, are not binding for Africa-images.com unless Africa-images.com provides you with written confirmation.
12.2. We have the right to unilaterally change the terms of this Agreement at any time. If a change materially restricts your rights, we will notify you, for example by mail or notice, when you enter the Website. Other changes will be posted on our policies page and this Agreement will show the date of the most recent revision. You should check this Agreement regularly. You understand and agree that your continued use of our Website following any posted changes to this Agreement constitutes your acceptance of those changes.
12.2.1. Changes are made to the Agreement by us can not be retroactive in time.
12.2.2. If you disagree with the changes made, you must refuse to access the Website and stop using it.
12.5. Questions, complaints and suggestions related to the use of the Website should be sent to: [email protected].
13. Refund and Cancellation Policy
Africa-images.com may return funds paid for the purchased Download Package, if the following conditions are met simultaneously:
- You applied for a refund no later than 14 calendar days from the date of purchase and payment of the Download Package;
- You have not used any downloads from the purchased Download Package.
If the above conditions are not met, funds for the purchased Download Package cannot be refunded. If the above conditions are met, the funds for the purchased Download Package will be returned to the same account / card in the payment system from which the payment was made
If the purchase of the Download Package was paid for at a discounted price (including shares or promotional codes), the amount actually paid will be returned, and not the full cost of the Package.
The Download Package cannot be canceled under conditions other than those provided rules and established cases.
To obtain a refund, please contact our Customer Support, e-mail: [email protected].
14. Return Policy of the Content
Content uploaded by you is not refundable under any conditions due to its digital origin.
If the defect is found in the Content which you have uploaded, which makes its further use impossible or the Content uploaded does not match its description on africa-images.com, you may be compensated by granting you the right to one free additional download of Content instead of the downloaded Content.
You should contact the Support Service for compensation in the cases which described above, email: [email protected]. In the request, you must indicate the login, user ID, reasons and evidence of defects / inconsistencies in the Content. The support team will review your request and, if it is deemed justified, will provide a compensation for you.
15. Delivery Policy of the Content
After purchasing the Download Package, you will have the technical ability to download the content of your choice to your device using the web interface of africa-images.com. Additional delivery of the Content, due to its digital origin, is not carried out.
16. Additional terms
The validity period of the Download Package is one calendar year from the date of purchase of the Package. After this period, the ability to download the Content within the purchased Package will be lost, and all remaining downloads will be canceled. Before the end of this period, we will send you an email message that the validity of the Download Package ends.
You are responsible for all possible direct and indirect taxes associated with the purchase of the Download Package in accordance with the laws of your country of residence. Africa-images.com is not responsible for payment or non-payment of your tax obligations, their calculation and declaration
Africa-images.com is not responsible for additional expenses that you may incur when buying a package of downloads (banking and other fees, charges, losses due to the difference in exchange rates, etc.).
Last updated: Dec 23, 2020