Naija Photo Stock - Terms & Conditions of Use

Welcome to Body Lawson Limited’s (Naija Photo Stock) website (this “Site”). Use of this Site is conditioned upon your acceptance, without modification of these terms and conditions of use (“Terms of Use”). By using this Site you represent that you have read and understood these Terms of Use as well as the Privacy Policy for this Site and you agree to be bound by them. If you do not wish to bind yourself to these Terms of Use, do not access or use this Site or access any materials from this Site.

Naija Photo Stock retains the right to revise and change the Terms of Use at any time; however, with notification of  Users via email. A  notification Popup will also appear on the site prompting the User to review and accept the updated Terms of use. The User agrees that to gain full and updated information on the Terms of Use he/she should periodically review this section and check email notifications from info@naijaphotostock.com. The User’s ongoing use of the Site after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes.

Please check the website regularly to view the current agreement.

If you have any questions about this Agreement or our Services, please contact us at info@naijaphotostock.com

Parties

These Terms of Use are binding obligations of You. “You” means the individual user of this Site (“User”). “We” or “Us” or “Our” means Body Lawson Limited.

Changes to Terms of Use

Naija Photo Stock reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without prior notice to You. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes. As long as You comply with these Terms of Use, Naija Photo Stock grants You a personal, non-exclusive, non-transferable, limited privilege to use the Site to access its services.

Your access to and use of the site and our services may be interrupted as a result of equipment malfunction, updating, maintenance or repair of the site or any other reason within or outside of our control. Naija Photo Stock reserves the right to suspend or discontinue the availability of the site, any service, and to remove any content at any time at its sole discretion and without prior notice.  Naija Photo Stock may also impose limits on certain features and services or restrict your access to parts or all of the site and the services without notice or liability.

Privacy

Please refer to our Privacy Policy on www.naijaphotostock.com website for information about how we collect, use and disclose information about you.

Intellectual Property

All of the contents displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of this Site, including this Site’s designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the “Site Elements”) is the exclusive property of Naija Photo Stock or its licensors. The Site Elements are protected by relevant intellectual property laws.  Any Content downloaded by You (whether or not such download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights. All right, title and interest in and to such Content shall remain the exclusive property of Naija Photo Stock and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted by Naija Photo Stock.

For the protection of the Contents, Site Elements, Naija Photo Stock and its licensors, Naija Photo Stock may use electronic measures to protect this Site, the Contents and Site Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.

Site Access and User Accounts

This Site, its Contents and the Site Elements are intended solely for Naija Photo Stock’s customers. You may not use this Site, its Contents or any Site Elements for any purpose not related to your business with Naija Photo Stock.  Accordingly, You shall not attempt to gain unauthorized access to any Content, portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not reverse, look-up, trace or seek to trace any information on any other user or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

Any and all access to this Site is provided to You at Naija Photo Stock’s sole discretion. Access to this Site is not being offered to any person in any jurisdiction where such offering would be illegal or unlawful. Naija Photo Stock reserves the right to monitor any and all use of this Site or Content and may immediately terminate, limit or restrict your access to this Site and/or any Site Element for any or no reason. You agree that Naija Photo Stock shall not be liable to You or any third party for any termination of your access to this Site.

Please refer to our Privacy Policy on www.naijaphotostock.com for more information about how we collect, use and disclose information about you.

Content You Submit

For any image, footage, text, audio, or any other content that You upload or post to the Site (“Your Content”), You:

  1. represent and warrant that You have all necessary rights to submit Your Content to the Site and grant Naija Photo Stock the license to use such content;
  2. represent and warrant that Naija Photo Stock will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content. Upon request, You will provide documentation necessary to authenticate your rights to such content and verify your compliance with these Terms of Use or any applicable terms;
  3. represent and warrant that Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights;
  4. represent and warrant that Your Content complies with these Terms of Use and all applicable laws;
  5. agree that Your Content will be treated as non-confidential and non-propriety by us regardless of whether you mark them “confidential”, “propriety” or otherwise; and
  6. acknowledge that Naija Photo Stock does not allow the upload of any Content that infringe on any copyright, property right, trademark, or any other applicable right. You accept that even though Naija Photo Stock will try its best to prevent this from happening, it cannot be held responsible for the misuse or abuse of any Content.

By uploading Your Content, You grant Naija Photo Stock a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, display, sub-license through all media now known or created in future. 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. Naija Photo Stock also reserves the right to remove any Content at any time if it believes it is defective, of poor quality, or in violation of these Terms of Use or intellectual property rights of a third party.

You shall not upload, post, or transmit any video, image, text, audio recording, or any Contents that:

  1. infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
  2. contains any pornographic, defamatory, or otherwise unlawful or immoral content;
  3. exploits minors;
  4. depicts unlawful or violent acts;
  5. depicts animal cruelty or violence towards animals;
  6. promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
  7. violates any law, statute, or regulation.

Use of Content

You shall not use any Naija Photo Stock or its licensors’ Content for any purpose without first obtaining a license to use such Content from Naija Photo Stock. Any use of Naija Photo Stock Content by You shall be governed by the applicable license agreement separately entered into between You and Naija Photo Stock (available at www.naijaphotostock.com).

Account Registration

If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. You also represent and warrant that You are 18 years of age or older. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. Naija Photo Stock reserves sole discretion whether to grant an account or not.

You agree to provide true and complete information relating to your Naija Photo Stock account and Content, including but not limited to information relating to date, location and equipment used in connection with creation of the Content;

By opening a Naija Photo Stock account, you express your consent to the Naija Photo Stcok Privacy Policy, which is incorporated herein by reference and governs Naija Photo Stock’s collection, processing, storage and transfer of the Content and data submitted by you, including data relating to you, your account, your Content or other information related to the foregoing (“Personal Data”). You agree that your personal data may be collected, processed, stored, and transferred to jurisdictions other than your home jurisdiction.

Naija Photo Stock has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party’s rights including those of privacy, submission of material that is obscene in nature, violent or that may be construed as defamatory, failure to comply with Naija Photo Stock’s guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with Naija Photo Stock, or for convenience.

You will have access to your Naija Photo Stock account through a combination of your email address and a password you decide on at the creation of your account. You shall not reveal your account credentials to anyone else. You are responsible for maintaining the confidentiality of your credentials. You undertake to promptly notify us if you suspect that your account credentials have been compromised or stolen. You shall be liable for payment for all Content downloaded by others using Your account, with or without Your permission or knowledge prior to the time that You notify Naija Photo Stock of any unauthorized use. Naija Photo Stock shall not be liable for any loss or damage arising from Your failure to follow these obligations.

Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Naija Photo Stock or our products or Services (collectively, “Feedback”), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to Naija Photo Stock a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the Services and/or Naija Photo Stock’s business.

Infringement Claims

You hereby grant Naija photo Stock the right ad authority ti take such steps as Naija Photo Stock deems commercially reasonable to protect Naija Photo Stock’s rights in the Content.

In the event that you believe that a Naija Photo Stock license to your content is being misused, you shall take no action action against a Naija Photo Stock licensee without providing notice of such misuse to Naija Photo Stock and receiving Naija Phot Stock’s prior written consent to such action.

While Naija Photo Stock takes commercially reasonable steps to ensure that the rights of its contributors are not violated by clients or other parties, Naija Photo Stock has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.

If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to Naija Photo Stock, Naija Photo Stock reserves the right to disable or delete your account with no further notice to you.

We respect your rights and may take action to protect your content. If you suspect potential misuse of your content by a Naija Photo Stock client, please contact us with the details before taking any action directly.

If you are a copyright owner who would like to send us a notice to identify Content or material posted on the Site that is infringing and You would like the same to be removed from the Site, or Your work has been removed from the Site in response to such a notice of infringement and would like to notify Naija Photo Stock, You may submit such notice to us by following the address:

Naija Photo Stock

1, Dipeolu Street

Off Awolowo Way

Ikeja, Lagos, Nigeria

Links to Third Party Sites

You acknowledge that our website may contain links to third party websites or products or services from other providers. Our services may also display advertisements from third parties and links to the sites of such advertisers. We are not responsible for the content of these advertisements or any links, or any products, services or other materials relating to such advertisements. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use or reliance on any advertisement on Naija Photo Stock’s services or products, or other materials relating to any advertisement.

Disclaimer of Representations and Warranties

As permitted by applicable law, Your access to and use of this Site is at Your sole risk and the services provided on this Site is provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” without warranty of any kind, either express or implied. Naija Photo Stock and its subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Naija Photo Stock parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the service provide on this Site, the Content, Licensed Elements, Naija Photo Stock’s product and service except as provided in these Terms of Use.

Except for any specific warranties provided in these Terms of Use, or as otherwise required by applicable law, Naija Photo Stock disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

Limitations of Liability

Naija Photo Stock, its directors, officers, employees and agents shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising directly or indirectly from your use of its services, the Site or Contents.

In no event shall Naija Photo Stock’s total liability to you for any damages, losses and causes of action whether in contract, tort including but not limited to negligence or otherwise arising from your use of the services on the Site shall not exceed the aggregate sum of $10.

Indemnification

You agree to defend, indemnify and hold harmless Naija Photo Stock , its subsidiaries, affiliates, licensors, employees, agents, third party information providers, submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Site’s Terms of Use or of any representation or warranty contained in these Terms of Use, your unauthorized use of the Naija Photo Stock’s Content, or your violation of any rights of a third party.

Governing Law and Jurisdiction

The laws of the Federal Republic of Nigeria shall govern these Terms of Use and the same shall be subject to the exclusive jurisdiction of the Courts of Nigeria.

General Provisions

  • Assignment and Subcontracting

Naija Photo Stock may assign its rights and obligations under these Terms, including without limitation, any assignment resulting from any corporate reorganization, merger, sale of substantially all the assets to which these Terms relate. Your obligations under these Terms are personal and may be assigned only with Naija Photo Stock’s prior written consent.

We may at any time assign our rights or any part of the same in this Terms of Use without your consent.

  • Severance

Any provision or term of this Terms of Use, which is or may be void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect any other provisions of this Terms of Use.

Electronic Communications Delivery

By accessing or using the Services, you also consent to receive electronic communications from Naija Photo Stock (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

No Partnership

Nothing in this Terms of Use is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Acknowledgement

In accepting this agreement, the user acknowledges that the user has read this agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Naija Photo Stock agreeing to provide the content, user agrees to be bound by the terms and conditions of this agreement. User further agrees that this is the complete and exclusive statement of the agreement between user and Naija Photo Stock, which supersedes any proposal or prior agreement, oral or written, and any other communication between user and Naija Photo Stock relating to the subject of this agreement.

Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.

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