MEMBERSHIP CONTRACT – Nigerian Stock Photography

April 3, 2014 by •

  1. This Contract governs your membership in the OnNigeria images community, your special access to the OnNigeria images web site and your right to upload and download (subject to having the necessary credits) photographs, illustrations and other material from the Site.
  2. OnNigeria images reserves the right to change or modify all or any part of this contract at any time, effective immediately upon posting on the site. Your continued use of your membership confirms your acceptance of the terms and conditions in this contract, including any changes or modifications made by OnNigeria images. If at any time the terms and conditions of this Contract are no longer acceptable to you, you must immediately close the membership on the site.
  1. The site contains information, data files and other materials (collectively the “Content”) which is protected by copyright, trademark or other proprietary rights of OnNigeria images or other third parties (including other members).
  2. You may only download data files in accordance with the terms of the Royalty Free License Contract. You may not publish, display, distribute, transmit, transfer, sell, copy, modify, create derivative works from, or exploit any content, except as expressly permitted in this Contract and the Content License Contract. You may post on the site any Data Files that you own, subject to the terms of the Upload Contract.
  1. You shall not post anything on the site which is:
    1. libelous, defamatory, abusive, threatening, pornographic, or obscene;
    2. contains viruses, Trojan horses, worms, malicious script or other contaminating or destructive features;
    3. violates third party rights, including any copyright, trademark, patent, trade secret or right of privacy; or
    4. violates any applicable law.
  1. OnNigeria images cannot review all Data Files uploaded by Members on the Site and is not responsible for the content of such Data Files. OnNigeria images reserves the right to delete, move or edit any Data File that it thinks does or may violate this Contract or is otherwise unacceptable. You remain solely responsible for all Data Files uploaded under your member name. OnNigeria images may, in its discretion, correct errors or omissions in any Data Files.
  1. OnNigeria images does not represent the reliability of any Data File that you may download and any reliance by you upon such Data File is at your own risk.
  1. You agree to indemnify, defend and hold OnNigeria images, and its officers, directors, owners, agents, and licensors (collectively, the ” OnNigeria images Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any OnNigeria images Party resulting from:
    1. any use or alleged use of the OnNigeria images web site under your member name by any person, whether or not authorized by you;
    2. any Data File uploaded under your member name; or
    3. any breach of your warranties which are contained in this Contract. OnNigeria images reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with OnNigeria images ‘ defense of such claim.
  1. OnNigeria images reserves the right to restrict, suspend or cancel your Membership at any time for any reason without prior notice or liability. OnNigeria images may change or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
  1. NEITHER OnNigeria images NOR ANY PROVIDER OF DATA FILES OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES OnNigeria images, ANY THIRD PARTY PROVIDER OF DATA FILES OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE DATA FILES. THE SITE AND THE DATA FILES ARE DISTRIBUTED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. NEITHER OnNigeria images, THIRD PARTY DATA FILE PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY DATA FILES DOWNLOADED THROUGH THE SITE. NEITHER OnNigeria images NOR ANY THIRD PARTY DATA FILE PROVIDER WARRANTS THAT ANY DATA FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY DATA FILES DOWNLOADED BY YOU IS YOURS.

    NEITHER OnNigeria images, ANY THIRD PARTY DATA FILE PROVIDER NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. You specifically agree and acknowledge that you have, in addition to the terms of this Contract, reviewed the terms of the Content Licence Contract, the Upload Contract and any other contracts which may be incorporated by reference therein. You further acknowledge that you agree to be bound by the terms of such agreements.