0. Summary
You're cool, we're cool, everybody's cool. Hugs all around
1. Introduction
Picturingnigeria.com is an online service that archives images of Nigerian cities. It allows for users to contribute photographs of Nigeria.
These terms and conditions of use constitute a legal agreement between you and PicturingNigeria.com for use of the services provided on the PicturingNigeria.com website. PicturingNigeria.com provides this service to you with the following terms and conditions which may be updated as we see necessary. Please read this agreement carefully before signing up as a user or continuing to use this website, as this agreement is intended to protect you, PicturingNigeria.com and all other parties involved, and make this website safe for all users.
2. Accepting
The use of this website is subject to your unconditional acceptance of the terms, conditions and regulations contained within this document and any other guidelines or rules applicable to this website. By using this website you agree to be bound by the terms and conditions of this agreement. If you do not agree, do not check the box indicating agreement. To use this site tick the box and in so doing accept all terms and conditions. These Terms and Conditions of Use may be updated from time to time with or without notice.
3. Registration
By registering as a member you verify that you are at least sixteen (16) years old and shall be held to the terms and conditions of this agreement. In registering you are required to provide PicturingNigeria.com with certain data.
A contributor may not:
- choose a username or nickname with the intention to impersonate another person
- choose a username or nickname subject to the rights of any other person
- choose a username or nickname in violation of the intellectual property rights of any other private or legal entity
- choose a username or nickname that PicturingNigeria.com, in its sole discretion, considers inappropriate or offensive.
All registrations become the exclusive property of PicturingNigeria.com. PicturingNigeria.com reserves the right to use all information contained herein subject to the PicturingNigeria.com Privacy Policy.
4. Account
During registration each user will be required to select a username and password. The password is used for authentication purposes to permit users to upload content to this website. The rights of any user to use this website, and any other product or service offered by PicturingNigeria.com, is personal to that user and is non-transferable by assignment, sublicense or any other method to any other person or entity. Any such attempt will constitute a breach of this agreement and will result in termination of the user’s right to use this website. Users are responsible for taking the necessary precautions to maintain the privacy of their password. If a user suspects their password or account has been compromised, the user shall change his or her password immediately by using the facilities provided. Should the problem persist PicturingNigeria.com must be notified email.
PicturingNigeria.com is doing its utmost to prevent any loss of data. Maybe our servers are kept in secret kiosk in Ajegunle, or in a shed at the foot of Zuma Rock. Maybe they aren’t. Point is, PicturingNigeria does its best to keep data safe. In the unlikely event of such a data loss (including but not limited to computer systems' failure) causing unrecoverable loss of digital images in member's account, PicturingNigeria.com will not be held responsible for any kind of damages the member could sustain as the result of such data loss. Each member is responsible for keeping copies of all files submitted to PicturingNigeria.com and will be given an opportunity to resubmit any digital images that could have been lost in the event of a loss of data.
5. Ownership
i. User contributed images
In submitting any image (further referred to as “Content”) to this website you warrant that you are the sole copyright holder. Further, by submitting your images, you grant PicturingNigeria.com a non-exclusive right to store, resize, copy, distribute, transmit, display, reproduce, transfer and access these files on the PicturingNigeria.com website and any computer system owned or rented by PicturingNigeria.com as we, at our sole discretion, find necessary, including but not limited to, normal website operation, image manipulation for thumbnail and medium sized picture, adding of watermark, and using images to promote PicturingNigeria.com. You also agree to grant to the PicturingNigeria.com a non-exclusive license to publish and use your photographs for non-commercial purposes.
Submission of images including, but not limited to child pornography or of otherwise pornographic content, offensive or otherwise illegal images is strictly forbidden. We reserve the right to remove any image, at our sole discretion, that is found inappropriate or that violate these terms and conditions of use in any way. Should any of your contributions be deemed illegal by any law having jurisdiction over you, then our Privacy Policy will cease to apply, your member account will be terminated and we will supply the relevant authorities with all necessary information.
ii. Other user submitted content
Any other user submitted information, excluding that stated in the above, is not deemed confidential and PicturingNigeria.com is free to reproduce, use, disclose and distribute this information (the said materials, hereinafter referred to as “Material”) to others without limitation. You agree that PicturingNigeria.com may use this Material for any purpose without any obligation of payment, or otherwise, to you. Submission of insults, profanity, intolerant remarks, subjective or irrelevant text with the intention of public display is not permitted, and once discovered, will be removed at the discretion of PicturingNigeria.com. In the event of repeated instances of such behaviour PicturingNigeria.com reserves the right to terminate the account of the relevant user. The Material referred to in this section excludes any personally identifiable information provided by you in connection with your registration with the exception of username, nick-name and any information you choose to disclose as public. For terms and conditions relating to our use of personally identifiable information please see our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms and Conditions of use of such information.
iii. Website
All content featured or displayed on this website including, but not limited to, text, graphics, photographs, sound, illustrations, moving images and software with the exception of photographs belonging to members of our website (“Content”), is owned by PicturingNigeria.com. All elements of PicturingNigeria.com are protected by, but not limited to, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with PicturingNigeria.com, no Content from this website may be copied or reproduced via any means other than this website and its Content and all relating rights shall remain the exclusive property of PicturingNigeria.com, unless otherwise expressly agreed. You shall indemnify PicturingNigeria.com against any losses, expenses, costs or damages incurred by any breaches of the rights specified in these terms of conditions of use or your unauthorized use of the Content or related rights.
6. Disclaimer
This website and its content including, but not limited to, any services, products or results, are provided "as is" and PicturingNigeria.com excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for any particular purpose. Picturingnigeria.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not PicturingNigeria.com, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither PicturingNigeria nor its staff, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages, and that the risk of injury from any such event rests entirely with each user.
PicturingNigeria.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
Users agree that the liability of PicturingNigeria.com, its affiliates, agents, licensors, subcontractors and partners, if any, arising out of any kind of legal claim (weather in contract, tort, or otherwise) in any way connected with this website or the information in this website shall not exceed the amount paid to PicturingNigeria.com by same user for use of this website. Because countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, incidental or otherwise, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by national provisions. This disclaimer shall remain in effect after these Terms and Conditions of Use have been terminated.
7. Indemnifications
You agree to indemnify and hold PicturingNigeria.com, its employees, agents, subsidiaries, affiliates, or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of this Website or from users violation of these Terms and Conditions of use or any third party's rights including but not limited to copyright, property, and privacy rights whether you are a registered user or not. This indemnification and hold harmless obligation will survive these Terms and Conditions of Use and your use of this Website.
8. Termination
A registered user of PicturingNigeria.com may terminate his or her account at any time. This is done by sending PicturingNigeria an email and requesting that your account be terminated. If the user wishes to remove all digital photography contributed to the website from public view, it is the user’s responsibility to do so before their account is deleted. PicturingNigeria.com reserves the right to suspend or terminate an account, at any time without prior notice, in the event of a violation of terms and conditions of this or other agreements governing the usage of this website.
9. Links to 3rd party sites
PicturingNigeria.com contains links to other websites operated by parties other than PicturingNigeria.com. Since these websites are beyond the control of PicturingNigeria.com, you agree not to hold PicturingNigeria.com responsible for the content on these 3rd party sites. Our links do not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall PicturingNigeria.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site.
10. Modifications to agreement
PicturingNigeria.com reserves the right to modify or change these terms and conditions of use, effective immediately, and may do so with or without notice. If any such changes are deemed unacceptable to a user, the user may terminate his or her account as provided in the terms of use.
© All rights reserved. Photographs, images and content are copyright of their photographers. |
