Legal Terms

Site Usage Agreement

Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends.
Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any media listed under the myafrolegacy.org domain you agree to be bound by this Agreement.
Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where My Afro Legacy has provided you with a translation of the English language version of the page or site`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with My Afro Legacy.
If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by My Afro Legacy. All Media, audio and video material and related informational materials in any medium provided by My Afro Legacy hereunder, including related text, captions, or information (collectively referred to as Media) are owned by My Afro Legacy and by our Media providers (Contributors), members of our community. All Media is protected by US and international copyright laws.
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). My Afro Legacy allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for a My Afro Legacy account and My Afro Legacy has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below. My Afro Legacy reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from My Afro Legacy. All rights not specifically granted under this Agreement are reserved to My Afro Legacy. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
My Afro Legacy may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law. My Afro Legacy may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from My Afro Legacy.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Media may include historically and culturally important Media and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by My Afro Legacy or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
My Afro Legacy makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the African and international market. While the responsibility for the Media uploaded is entirely on the Contributor`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
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Acknowledgements, Representations, and Warranties
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
a. My Afro Legacy provides access to an online service comprising information and materials created and posted by You and other users.
b. Media on the Website that is available for license is stored on My Afro Legacy`s servers at the direction of My Afro Legacy`s users.
c. Any modification of Media uploaded by My Afro Legacy`s users, such as the addition of a My Afro Legacy watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Media. My Afro Legacy is not responsible for modifications that occur to Media as part of its automatic posting process.
d. Any review of uploaded Media that may be performed by My Afro Legacy before making such Media available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Contributor uploading an Media shall be deemed the party at whose direction that Media resides on My Afro Legacy`s servers.
e. My Afro Legacy has never directed, and never will direct, its users to upload Media that infringe upon any right belonging to a third party. Uploading Media that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.
f. My Afro Legacy correctly presumes that the Contributor uploading an Media is the sole holder of all exclusive rights to that Media, except where the Media alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.
g. Where an Media has no obvious proprietary marking that indicates an exclusive owner, My Afro Legacy cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.
h. In collecting license fees on behalf of Contributors, and retaining a portion of those license fees, My Afro Legacy does not derive a direct financial benefit from any particular Media. My Afro Legacy`s only direct financial benefit comes from operating its Website, which allows Contributors to market their Media to potential license purchasers. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Media for licensing by My Afro Legacy`s users.
i. My Afro Legacy has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party`s rights by creating or uploading an Media, that Contributor is the sole responsible party for such infringement, and My Afro Legacy has no control over such activity.
j. Apart from identifying an obvious proprietary marking in an Media that indicates an exclusive owner, My Afro Legacy has no other ability to determine whether the rights appurtenant to a particular Media may belong to a party other than the uploading Contributor. As its only other means of identifying Media that may infringe upon a third party`s rights, My Afro Legacy relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
k. Where you are established within the African Union, you qualify as a taxable person for VAT purposes and you will provide My Afro Legacy with any documentary evidence to this effect upon request (VAT number). In the event that such documentary evidence is not provided, you accept that My Afro Legacy will add the applicable VAT of your AU country to the price of services.
Use of Watermarked Media – Using Media for comping
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, My Afro Legacy grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, My Afro Legacy grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.