– Nigerian Stock Photography

July 9, 2016 by •

This Contract is between you and OnNigeria images (also sometimes referred to herein as ”we”, ”us” and ”our”). By downloading Content (as defined below) from this website, you agree to be bound by the terms of this contract with respect to such Content. Do not download Content if you do not accept these terms.

This is a license, not a sale. You are permitted to use Content. We or our Members continue to own the intellectual property rights in the Content. Third parties who wish to use any Content must download it from the OnNigeria images website themselves.

  1. This Contract governs your use of OnNigeria images’ Content (namely, the photographic images, illustrations, or other material that you download from the OnNigeria images website in conjunction with entering into this Contract (”Content”)).
  2. You are hereby granted a perpetual, non-exclusive, non-transferable license to use Content on the terms and conditions contained in this Contract. You may only engage in expressly permitted activity with respect to Content. All other rights in and to the Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by OnNigeria images or its Members, as the case may be.

ALLOWED USES:

  1. You may:
    1. use Content in only one location;
    2. physically transfer any Content and its archives from one location to another, provided that it may only be used in one location at a time;
    3. keep a single copy of Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;
    4. use any Content in the following applications:
      1. advertising and promotional collateral and printed materials;
      2. online or electronic publications, including web pages to a maximum of 640 x 480 pixels @ 72 dpi;
      3. prints and reproductions for personal use;
    5. create a Derivative Work (namely an original work within the meaning of the Copyright Act (Nigeria) which incorporates but is not substantially similar to the Content) by incorporating the Content into your own work;
    6. use a Derivative Work in the same manner as permitted in section 3(d) above, and in items for resale; and
    7. transfer files containing Content or Derivative Works to your clients, printers, or ISP for the purpose of reproduction, provided that such parties shall have no further rights to use the Content.

PROHIBITED USES:

  1. You may not provide a copy of Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. You may not do anything with Content that is not expressly permitted. You may not:
    1. use any Content in design template applications for multiple sale;
    2. display any Content on websites designed to induce sales of ”print on demand” products, including postcards, mugs, t-shirts, posters and other items;
    3. use Content in any posters or other items for multiple sale;
    4. use Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
    5. incorporate Content in any product that results in a redistribution of the Content;
    6. use Content in a fashion that may be considered to be pornographic, obscene, defamatory or libelous in nature;
    7. use any image in the Content that depicts a person to endorse a business, product or service;
    8. use any image in the Content that depicts a person in a potentially sensitive subject matter;
    9. if source code is contained within the Content or accompanying materials, reverse engineer, decompile, or disassemble any part of the source code;
    10. remove any notice of copyright, trade-mark or other proprietary right from® any place where® it appears in the Content or its accompanying materials;
    11. sub-license, sell, rent, lend, or otherwise distribute any Content;
    12. post a copy of any Content on a network server or web server for use by other users; or
    13. transfer the rights to any Content or accompanying materials, except as specifically provided for in this Contract.

TERM:

  1. This Contract is effective until terminated. You can terminate this Contract by destroying the Content, and any related Derivative Works, and any copies of it or accompanying materials, and ceasing to use the Content, and any Derivative Works related thereto. This Contract will also terminate upon your failure to comply with the terms herein. You agree, upon termination of this Contract, to destroy all copies of any Content, and any related Derivative Works, to cease using the Content, and any related Derivative Works, and to confirm to OnNigeria images in writing that you have complied with these conditions.
  2. Termination of this Contract does not relieve you of your responsibilities to pay any amounts due to OnNigeria images or your obligations not to use the Content, or any related Derivative Works, other than as permitted under this Contract.

REPRESENTATIONS AND WARRANTIES:

  1. The OnNigeria images website acts as an exchange of Content between those who provide Content to the website (our Members) and those who wish to use such Content. Accordingly, OnNigeria images makes no representation or warranty that any Content provided is royalty free.
  2. Statements regarding any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the party who provided the Content to our website.
  3. THE CONTENT AND ANY ACCOMPANYING MATERIALS ARE PROVIDED ”AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. OnNigeria images DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT YOURS. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT OnNigeria images) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.

LIMITATION OF REMEDIES & LIABILITY:

  1. OnNigeria images’ entire liability and your exclusive remedy, with respect to any claims arising out of your use of Content or accompanying material, or out of your actions in downloading Content, are as follows:
    1. You may, upon request to OnNigeria images, be permitted to download the Content again, at a location OnNigeria images will provide for you;
    2. If you continue to be unable to download the Content, OnNigeria images will refund the fee actually paid by you in respect of the use of such Content, provided OnNigeria images determines that you have been unable to download such Content successfully.
  2. IN NO EVENT SHALL OnNigeria images OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
  3. THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS CONTRACT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OF THE CONTENT IN ANY MANNER WHATSOEVER IS TO BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO OnNigeria images UNDER THIS CONTRACT IN RESPECT OF THE USE OF THE CONTENT.

INDEMNIFICATION:

  1. You agree to indemnify and hold OnNigeria images harmless against all claims or liability asserted against OnNigeria images arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Contract.

GENERAL:

  1. If any provision or part of this Contract is unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
  2. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Contract.

JURISDICTION & ARBITRATION:

  1. This Contract will be governed under the laws of The Federal Republic of Nigeria applicable therein.
  2. Any disputes arising out of, or in connection with this Contract, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Nigeria, pursuant to the applicable legislation in effect at the time arbitration is demanded.
  3. If OnNigeria images is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse OnNigeria images for its legal fees, costs and disbursements if OnNigeria images is successful.
  4. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE CONTRACT BETWEEN YOU AND OnNigeria images, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND OnNigeria images RELATING TO THE SUBJECT OF THIS CONTRACT.