Licensing

Licensing

All copyright and/or other intellectual property rights to the File are reserved by www.africaphotobank.com  and/or the contributor of the File.

Subject to the terms and conditions herein, www.africaphotobank.com grants you a non-exclusive, worldwide, non-transferable and non-sublicensable license to use and modify the file in one of your projects in whole or in part in the creation of one item within the scope of permitted uses (see below).

All files offered for sale at www.africaphotobank.com may be purchased and downloaded under the Standard/Editorial/Personal /Team/ Extended license. Follow these rules to choose the appropriate license:

– If the File is used to create an item NEITHER for Physical Resale NOR for Distribution, the Standard License is always appropriate.

– If the File is used to create an item for Physical Resale or for Distribution, the Extended License is required.

Item for Resale: An item that will be distributed to raise commercial revenue (e.g., resale of web templates, T-shirts, mugs, greeting cards, books, calendars, etc.). An item created at the request of a client is not considered an Item for Resale. However, if a client distributes or intends to distribute such an item to raise commercial revenue, it is considered an Item for Resale. While working on a project for a client, take into account the final use of the item before downloading a File to determine the appropriate license to purchase.

Item for Distribution: An item that will be distributed to a wide audience without raising any commercial revenue (e.g., free web templates, postcards, flyers, etc.).

Standard License

1.Standard License is sufficient for a single use application, i.e. when you are using our resources to design something for yourself or one other person/company. Any item that will be distributed or sold to multiple people is NOT a single use application. For example: designing a site for yourself or a client is a single-use application whereas designing a theme for multiple people is a multi-use application, for which an Extended License is required.

Ex. If you use a video file to incorporate in one of your video or a client video is a single application. If you use it multiple times for your project or your client project is a multi-use application.

Under the Standard License Terms of Agreement, the final product MAY NOT be distributed, sold more than once, or used by multiple people. If the product is distributed or used multiple times, please purchase the Extended License and follow the Extended License guidelines.

The standard license -1 use, is a single seat license authorizing one natural person to license, download and use content, unless you upgraded to a team license , no other persons(including employees, co-workers, independent contractors, subcontractors) may access your account or use the content licensed through your account. If you purchase a team license the right to license, download and use content is limited to the number of users permitted by that team license.

2. A purchased item may be used in one project. (ex.one design, one video, etc.)

3.You may not make the Item available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Item, and you must not permit an end user of the end product to extract the Item and use it separately from the End Product.

4. You may not sublicense, resell, share, transfer, or otherwise redistribute the Item (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.

5. You may not publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties.

6. You may not use any Item in a way that violates the Agreement including, without limitation, in a manner that infringes any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Items that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the rights owner.

7. You may not falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than the copyright holder of that Item.

8.You may not use Item(s) containing models and/or property in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

9. A “seat” is a single user, person, or computer hard drive accessible to one person. A seat cannot be shared or passed along. Each new user with access to the content requires an additional seat.

Extended License, Teams , Multi-Seat (multiple use)

A “seat” is a single user, person, or computer hard drive accessible to one person. A seat cannot be shared or passed along. Each new user with access to the content requires an additional seat.

For companies and creative teams that need open workstreams and collaboration, multiple or unlimited seats are helpful so that everyone on your team has the access they require.

Our Individual License offers a single seat, Business Licenses offer up to 5 seats, and Premium Licenses include unlimited seats.

The Extended License is required when you intend the final product to be distributed, sold, or used by multiple instances/projects/people/companies. This includes photos, video, graphic resources, vector illustrations, raster files or other items that will be used for creation of Items for Resale or used by more than one person or company, or multiple projects.

2. You may also use Items purchased under the Extended License to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.

Under the Extended License Terms of Agreement:

1. You MAY NOT resell or redistribute our Items by themselves: they must be a part of a larger product or application that is sold on its own merits. Any www.africaphotobank.com items that are included must be a part of the greater whole.

2. You MAY NOT include any of the original source files in the item for resale or redistribution.

Editorial License:

The editorial section provides news worthy images/video reflecting events from social, cultural and political scenes. Images downloaded under the Editorial section of our site, as well as images downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply.

The high-resolution images/video etc. that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image/video (purchasing the license) does not transfer the copyright. You may not claim that the image/video is your own and you may not sell, license for use, or in any way distribute the image.
Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image.

Additional requirements for buyers editorial:

Images included within the editorial section may include visible logos, or identifiable persons who didn't sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

If a Model Release is available on file, it will remain within our database, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers' and models' privacy.

Personal License:

Cannot be used for commercial or editorial. It is straight forward. Use it just for your personal needs.

Unauthorized Use

Without limitation, images/video may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these assets/media/images/video constitutes copyright infringement and shall entitle Africaphotobank to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images/video. The foregoing is not a limiting statement of Africaphotobank 's rights or remedies in connection with any unauthorized use.

Please note that for every unauthorized instance(display) of our content, we follow the industry standards and the retroactive license (penalty) is 10x the price of the highest license (including custom licenses ) existent on the site, if you/us decide to settle in an amiable manner. If an amiable resolution cannot be reached full production costs and any other, but not limited to, damages, fees, etc. will be charged in a court of law, Gaborone, Botswana.

Sensitive Subjects

Any license granted by Africaphotobank shall not constitute a representation that an image/video is compatible for use with any other material. You are solely responsible for the use of any Image/video in combination with any other material, and you agree not to use Images/videos with sensitive topics without Africaphotobank 's separate written agreement.

Model and Property Releases/Clearances

The rights Africaphotobank  grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
Where a model/property release document is available, it will be uploaded by Africaphotobank usually for Standard License, Editorial Licenses will not have any property or model releases

Indemnification

You agree to indemnify, defend, and hold harmless Africaphotobank against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image/Video either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image/Video, or any claim by a third party related to the use of an Image/Video, alone or in combination with any other material.

Disclaimers

AFRICAPHOTOBANK  PROVIDES YOU WITH ITS SITE AND IMAGES/VIDEO ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES/VIDEOS, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER AFRICAPHOTOBANK NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES/VIDEO, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL AFRICAPHOTOBANK'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE/VIDEO PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE/VIDEO.