Bantu Photos - Terms & Conditions of Use

Welcome to Bantu Photos Limited’s (Bantu) 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. 
 
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 Bantu Photos Limited.
 
Changes to Terms of Use 
 
Bantu 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, Bantu grants You a personal, non-exclusive, non-transferable, limited privilege to use the Site to access its services.
 
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 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; 
 
ii. represent and warrant that Bantu 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;
 
iii. represent and warrant that Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; 
 
iv. represent and warrant that Your Content complies with these Terms of Use and all applicable laws; 
 
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.
 
By uploading Your Content, You grant Bantu 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. Bantu also reserves the right to remove any Content at anytime if it believe it's 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: 
 
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….).
 
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. 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.
 
Infringement Claims
 
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: 
 
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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 
 
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. Bantu and its subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, "Bantu 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, Bantu’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, Bantu 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
 
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.
Indemnification
 
You agree to defend, indemnify and hold harmless Bantu, 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 Bantu’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 
 
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.
 
• 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.