Bantu Photos - Terms & Conditions of Use
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 Bantu 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 Bantu and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted by Bantu.
For the protection of the Contents, Site Elements, Bantu and its licensors, Bantu 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 Accounts
This Site, its Contents and the Site Elements are intended solely for Bantu’s customers. You may not use this Site, its Contents or any Site Elements for any purpose not related to your business with Bantu. 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 Bantu’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. Bantu 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 Bantu shall not be liable to You or any third party for any termination of your access to this Site.
Content You Submit
For any image, footage, text, audio, or any other content that You upload or post to the Site (“Your Content”), You:
i. represent and warrant that You have all necessary rights to submit Your Content to the Site and grant Bantu the license to use such content;
iii. represent and warrant that Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights;
v. 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
vi. acknowledge that Bantu 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 Bantu will try its best to prevent this from happening, it cannot be held responsible for the misuse or abuse of any Content.
You shall not upload, post, or transmit any video, image, text, audio recording, or any Contents that:
i. infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
ii. contains any pornographic, defamatory, or otherwise unlawful or immoral content;
iii. exploits minors;
iv. depicts unlawful or violent acts;
v. depicts animal cruelty or violence towards animals;
vi. promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
vii. violates any law, statute, or regulation.
Use of Content
You shall not use any Bantu or its licensors’ Content for any purpose without first obtaining a license to use such Content from Bantu. Any use of Bantu Content by You shall be governed by the applicable license agreement separately entered into between You and Bantu (available at www….).
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. Bantu reserves sole discretion whether to grant an account.
You will have access to your Bantu 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 Bantu of any unauthorized use. Bantu shall not be liable for any loss or damage arising from Your failure to follow these obligations.
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 Bantu, You may submit such notice to us by following the address:
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 Bantu’s services or products, or other materials relating to any advertisement.
Disclaimer of Representations and Warranties
Limitations of Liability
Bantu, 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 Bantu’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 exceed the aggregate sum of ?150,000.00.
Governing Law and Jurisdiction
• Assignment and Subcontracting
• No Partnership