This is a Contract between any Member intending to upload data onto the OnNigeria images website (the ”Supplier”) and OnNigeria images. By uploading a photograph, illustration, or code snippet (”Data File”) the Supplier understands that he or she agrees to be bound by the terms of this Contract.
Copyright:
OnNigeria images prohibits any Data File or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right to be uploaded to its website located at www.onnigeria.com
By uploading his or her Data File, the Supplier warrants that he or she owns all proprietary rights, including copyright, in and to the Data File. To the extent that the Data File contains images of people or persons, the Supplier also represents and warrants that he or she has obtained a model release in substantially the same form as attached hereto as Schedule ”A”.
The Supplier hereby grants OnNigeria images a non-exclusive licence to post the Data File on the web site located at www.onnigeria.com and further grants OnNigeria images the right to sub-license such Data File to members of OnNigeria images in accordance with the terms of the OnNigeria images Content Licence Contract, a copy of which the Supplier acknowledges having reviewed and agreed to.
It is agreed that all rights, including title and copyright, in and to the uploaded Data Files is retained by the Supplier, and that no title or copyright transfers or is granted to OnNigeria images or any third party. The Supplier acknowledges that no monetary or financial compensation is owed or required to be paid to the Supplier by OnNigeria images or any of its directors, officers, employees, partners, agents or members for the rights granted herein by the Supplier. Notwithstanding the foregoing, OnNigeria images currently acknowledges that its policy is to provide certain payments to the Supplier whenever a Data File uploaded by the Supplier is downloaded, and the parties agree that OnNigeria images may amend such policy as reasonable business objectives may from time to time require.
The Supplier agrees that neither OnNigeria images nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Data File. The Supplier further acknowledges that he or she is legally responsible for any challenges made by a third party regarding copyright in the Data File.
Indemnification:
The Supplier agrees to indemnify, defend and hold OnNigeria images and its officers, directors, owners, agents, information providers and licensors (collectively, the ” OnNigeria images Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any OnNigeria images Party in connection with: (i) any use or alleged use of the OnNigeria images web site under the Supplier’s member name by any person, whether or not authorized by the Supplier; (ii) any Data File uploaded under the Supplier’s member name; or (iii) any breach of the Supplier’s Warranties contained in this Contract. OnNigeria images reserves the right, at the Supplier’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Supplier, and in such case, the Supplier agrees to cooperate with OnNigeria images’ defence of such claim.
Warranties:
The Supplier warrants that he or she has the right to grant the license contained in this Contract to OnNigeria images and its members. The Supplier makes no warranty, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose.
Jurisdiction:
This Contract will be governed under the laws of the Federal Republic of Nigeria applicable therein. Each of the parties hereto does expressly submit and attorn to the jurisdiction of the Courts in Nigeria.
Upload Agreement – Nigerian Stock Photography
July 9, 2016 by maximios • Blog
This is a Contract between any Member intending to upload data onto the OnNigeria images website (the ”Supplier”) and OnNigeria images. By uploading a photograph, illustration, or code snippet (”Data File”) the Supplier understands that he or she agrees to be bound by the terms of this Contract.
Copyright:
OnNigeria images prohibits any Data File or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right to be uploaded to its website located at www.onnigeria.com
By uploading his or her Data File, the Supplier warrants that he or she owns all proprietary rights, including copyright, in and to the Data File. To the extent that the Data File contains images of people or persons, the Supplier also represents and warrants that he or she has obtained a model release in substantially the same form as attached hereto as Schedule ”A”.
The Supplier hereby grants OnNigeria images a non-exclusive licence to post the Data File on the web site located at www.onnigeria.com and further grants OnNigeria images the right to sub-license such Data File to members of OnNigeria images in accordance with the terms of the OnNigeria images Content Licence Contract, a copy of which the Supplier acknowledges having reviewed and agreed to.
It is agreed that all rights, including title and copyright, in and to the uploaded Data Files is retained by the Supplier, and that no title or copyright transfers or is granted to OnNigeria images or any third party. The Supplier acknowledges that no monetary or financial compensation is owed or required to be paid to the Supplier by OnNigeria images or any of its directors, officers, employees, partners, agents or members for the rights granted herein by the Supplier. Notwithstanding the foregoing, OnNigeria images currently acknowledges that its policy is to provide certain payments to the Supplier whenever a Data File uploaded by the Supplier is downloaded, and the parties agree that OnNigeria images may amend such policy as reasonable business objectives may from time to time require.
The Supplier agrees that neither OnNigeria images nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Data File. The Supplier further acknowledges that he or she is legally responsible for any challenges made by a third party regarding copyright in the Data File.
Indemnification:
The Supplier agrees to indemnify, defend and hold OnNigeria images and its officers, directors, owners, agents, information providers and licensors (collectively, the ” OnNigeria images Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any OnNigeria images Party in connection with: (i) any use or alleged use of the OnNigeria images web site under the Supplier’s member name by any person, whether or not authorized by the Supplier; (ii) any Data File uploaded under the Supplier’s member name; or (iii) any breach of the Supplier’s Warranties contained in this Contract. OnNigeria images reserves the right, at the Supplier’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Supplier, and in such case, the Supplier agrees to cooperate with OnNigeria images’ defence of such claim.
Warranties:
The Supplier warrants that he or she has the right to grant the license contained in this Contract to OnNigeria images and its members. The Supplier makes no warranty, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose.
Jurisdiction:
This Contract will be governed under the laws of the Federal Republic of Nigeria applicable therein. Each of the parties hereto does expressly submit and attorn to the jurisdiction of the Courts in Nigeria.