AFRICAN WILDLIFE PHOTOS TERMS AND CONDITIONS
Last Updated: December 2013
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ADDITIONAL TERMS, POLICIES AND GUIDELINES INCLUDED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions apply to your use of this website, and do not alter in any way the terms or conditions of any other agreement you may have with African Wildlife Photos. By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these terms. If you are using the website on behalf of any entity, you further represent and warrant that you are authorized to accept these terms on such entity’s behalf, and that such entity agrees to indemnify African Wildlife Photos for violations of these terms.
Ownership of this website and its Contents
This website is owned by African Wildlife Photos. Unless otherwise indicated, all of the content featured or displayed on this website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by African Wildlife Photos, its licensors, or its partners.
All content and elements of this website are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of this website
This website and its content are intended for customers of African Wildlife Photos. You may not use this website or its content for any purpose not related to your business with African Wildlife Photos. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of this website or its content without, or in violation of, a written license or agreement with African Wildlife Photos; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying this website or its content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any African Wildlife Photos product or service if you are not expressly authorized by such party to do so; and (e) using this website or its content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to intellectual property, the internet, data, e-mail, privacy, and the transmission of technical data.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, African Wildlife Photos has adopted a policy of terminating, in appropriate circumstances and at African Wildlife Photos’ sole discretion, account holders who infringe the intellectual property rights of African Wildlife Photos or any third party.
If you believe that any material on this website infringes upon any copyright that you own or control, you may file a notification of such infringement by using the contact form on this website.
We may give notice of a claim of copyright infringement by means of a general notice on this website, electronic mail to a user’s e-mail address, or by written communication to a user’s address.
African Wildlife Photos Trademarks, the African Wildlife Photos logo, and any other product or service name or slogan contained in this website are trademarks of African Wildlife Photos and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of African Wildlife Photos or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “African Wildlife Photos” or any other name, trademark or product or service name of African Wildlife Photos without our prior written permission. In addition, the look and feel of this website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of African Wildlife Photos and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a African Wildlife Photos logo or other proprietary graphic of African Wildlife Photos to link to this website without the express written permission of African Wildlife Photos. Further, you may not frame any African Wildlife Photos trademark, logo or other proprietary information, including its content, without African Wildlife Photos’ express written consent.
African Wildlife Photos makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from this website, or websites linking to this website. Such sites are not under the control of African Wildlife Photos and African Wildlife Photos is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such sites. African Wildlife Photos provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by African Wildlife Photos of any website or any information contained therein. When you leave this website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this website.
Your participation, correspondence or business dealings with any third party found on or through this website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that African Wildlife Photos shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Blogs, Comments & Other User Content Areas
This website may include interactive areas, including blogs entries and their comments, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on this website. You are solely responsible for your use of such interactive areas and use them at your own risk. By using any interactive areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through this website any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other user content that is unlawful or objectionable;
b. User content that incites a criminal offense or violates the rights of any party, or that would otherwise create liability or violate any local/city, state/provincial/county, national/country or international law.
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any user Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such content;
d. User content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User content that, in the sole judgment of African Wildlife Photos, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or this website, or which adversely affects the availability of its resources to other users, or which may expose African Wildlife Photos or its users to any harm or liability of any type.
Further, you agree not to delete or revise any user content posted by any third party. African Wildlife Photos takes no responsibility and assumes no liability for any user content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is African Wildlife Photos liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of interactive areas is at your own risk. As a provider of interactive services, African Wildlife Photos is not liable for any statements, representations or user content provided by its users. Although African Wildlife Photos has no obligation to screen, edit or monitor any of the user content posted, African Wildlife Photos reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or stored on this website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any user content you post or store on this website at your sole cost and expense. Any use of the interactive areas or other portions of this website in violation of the foregoing violates these terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or this website. You acknowledge and agree that African Wildlife Photos may access, use or disclose any information about you or your use of this website, including without limitation any user content to comply with the law or any legal process; protect and defend the rights or property of African Wildlife Photos; or to protect the safety of our company, employees, customers or the public.
If you post user content to this website, unless we indicate otherwise, you grant African Wildlife Photos and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content throughout the world in any media. You grant African Wildlife Photos and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the user content that you post or you otherwise have the right to post such user content to this website; (b) the user content is accurate and not misleading; and (c) use and posting of the user content you supply does not violate these terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of this website, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this website; (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify African Wildlife Photos immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless African Wildlife Photos, its affiliates, licensors and independent service providers against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any user content that you post, store or otherwise transmit on or through this website, your conduct, your use or inability to use this website, your breach or alleged breach of these terms or of any representation or warranty contained herein, your unauthorized use of its content, or your violation of any rights of another.
THIS SITE AND THE African Wildlife Photos CONTENT ARE PROVIDED “AS IS” AND African Wildlife Photos AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, 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 A PARTICULAR PURPOSE. African Wildlife Photos WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE African Wildlife Photos CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT African Wildlife Photos, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE African Wildlife Photos CONTENT. WE MAKE NO WARRANTY THAT this website OR THE African Wildlife Photos CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
African Wildlife Photos uses reasonable efforts to ensure the accuracy, correctness and reliability of its content, but we make no representations or warranties as to its content’s accuracy, correctness or reliability.
African Wildlife Photos offers a search feature within this website. African Wildlife Photos explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. African Wildlife Photos also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some legal statutes do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by overarching legal provisions.
Limitation of Liability
IN NO EVENT SHALL African Wildlife Photos, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF this website, THE SERVICES, THE African Wildlife Photos CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH this website, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM African Wildlife Photos, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO African Wildlife Photos’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF African Wildlife Photos, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF this website EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO African Wildlife Photos FOR ACCESS TO OR USE OF this website.
Any dispute relating in any way to your use of this website or its content shall be submitted to confidential arbitration in Cape Town, Western Cape, South Africa, except that, to the extent you have in any manner violated or threatened to violate African Wildlife Photos’ intellectual property rights, African Wildlife Photos may seek injunctive or other appropriate relief in any court in the world, and you consent to exclusive jurisdiction and venue in such courts.
Notwithstanding any of these terms, African Wildlife Photos reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of this website.
Any waiver of any provision of these terms will be effective only if in writing and signed by African Wildlife Photos. If any clause in these terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to terms
African Wildlife Photos reserves the right to change any of the terms and conditions contained in this webterms or any policy or guideline of this website, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of this document. Any changes will be effective immediately upon posting on this website. Your continued use of this website following the posting of changes will constitute your acceptance of such changes. We encourage you to review this webterms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about this website or terms may be directed to African Wildlife Photos bu completing the contact form on this website.
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