Terms and Conditions
Before accessing or using the website at www.ikubari.com and all connected websites, software, apps, and/or plug-ins (collectively the "Service") made available by IKUBARI ("Ikubari", "us", "we," or "our"), please carefully read these Terms and Conditions ("Terms").
- Agreement to Terms
1.1 The website www.ikubari.com, which is run by Ikubari, serves as a platform for you to post, link to, store, distribute, and otherwise make available certain data, images, videos, and other types of content (collectively "Content"). We want to assist everyone looking for African stock content to license in accordance with and in compliance with these Terms, including agencies, designers, bloggers, and everyone else.
1.2 Your acceptance of and adherence to these Terms will govern your access to and use of the Service. All photographers, videographers, viewers, users, and other visitors to and/or users of the Service are subject to these Terms.
1.3 You agree to be bound by these Terms by accessing or using the Service, whether as a photographer, videographer, guest, or user of the Website. In the course of running the Website, these Terms serve to protect and safeguard your rights as well as the rights of other users, our rights, and the rights of third parties. You must cease using any aspect of the Service immediately if you do not accept the terms of usage.
1.4 We reserve the right to modify or adapt these Terms at any moment, without prior notice, and going forward. If you have registered for a user account on our website, we will also notify you of the changes through your duly registered email address at least two weeks prior to their implementation. If you do not agree to the modifications to the Terms, you have the right to immediately cancel and terminate your account on our website. If you continue to use the Service after the revised Terms go into effect, it would be deemed that you have consented to the new terms.
1.5 The Terms in effect at the time of use apply to the use of the Service.
- Registration and Accounts
2.1 You have the choice to register for a user account on our website in order to access the extra features, particularly for uploading content and taking part in any paid engagements made accessible through the Service. The acceptance of these Terms is a requirement for creating a user account.
2.2 Upon registration, you are deemed to have entered into a contract with Ikubari for the use of the Website and the Services. Ikubari has the right to reject your registration without providing a justification.
2.3 Only those who are at least 18 years old or who act with the permission of their parents or guardians may register with Ikubari in accordance with these Terms. Ikubari reserves the right to confirm your parents' or guardians' permission. So that we can acquire a statement of consent from your parents or guardians, you must supply an email address for your parents or guardian when you register.
2.4 You must always give us the exact, whole, and up-to-date information and data that Ikubari requests when you open an account with us. You must immediately update your account details if your information changes after registration.
2.5 You are not allowed to use as your username a name that belongs to someone else, a name that is not legally yours to use, a name or trademark that is protected by someone else's rights without their permission, or a name that is otherwise vulgar, offensive, or obscene.
2.6 Whether your password is with our Provider or a third-party service, you are responsible for keeping your password secure and for any activities or acts carried out using it. You will be exempted from liability in case of misuse of your member account, provided there is reasonable proof of good faith. You consent to keeping your password a secret from everyone else. In the event that you become aware of any security breach or unauthorized use of your account, you must contact us immediately at info@ikubari.com.
- Content
3.1 When you upload content to the service, you give us a worldwide, non-exclusive, perpetual, irrevocable license (with the right to sublicense) to use that content (in whole or in part) on and through the service. This license also includes the right to reproduce, adapt, and modify (including translation), distribute, broadcast, publicly perform, publicly display, and broadcast.
3.2 You agree and accept that, subject to these Terms, your Content may be made publicly accessible on and through the Service for third parties' individual and commercial use without your permission or payment.
3.3 You are not allowed to upload, post, or transmit any content that: Infringes on the copyrights, other intellectual property rights, contract rights, or other rights of any person of any third party; Contain any pornographic, racist, defamatory, libelous, or otherwise immoral, vulgar, or obscene content; Depicts unlawful or violent, hateful, or threatening acts; Offends, defames, harasses, a person or a group of people
3.4 If we think any Content is flawed, of poor quality, or violates these Terms, we reserve the right to remove it at any time.
3.5 You affirm and guarantee that (i) Ikubari will not be required to obtain licenses from any third parties or pay compensation or royalties with respect to the Content; (ii) your Content does not violate any third party rights (including, in particular, copyrights, neighboring rights, and name rights); and (iii) you own the Content or have the right to use it and grant us the rights and license as provided in these Terms.
3.6 You give us permission to enforce any violations of the license we give to others in the Content when you post any Content to the Service. In other words, Ikubari is allowed to take the necessary steps to enforce the rights that have been granted to us under this agreement. You must assist us in enforcing the acquired rights in court or out of court, including by giving us information, providing the required original documents and other documents, making or arranging for the making of the necessary rights assignment to Ikubari, and preparing any additional declarations or documents that may be necessary or helpful for the execution of the license you have granted to Ikubari.
- Intellectual Property and License
4.1 You can access and use the website and service as long as you abide by these terms.
4.2 The Website and the Service are subject to copyright law and other protective laws and are protected by copyright, trademark, and/or other legal rights ("Ikubari Rights"). All intellectual property rights to the Website and the Service are owned by or licensed to Ikubari. Use of Ikubari's Rights is only allowed with Ikubari's prior written agreement, with the exception of using the Website and Service in compliance with these Terms.
4.3 All Content made available for download on the Service is to be used for digital use only either for personal and/or commercial purposes subject to some limitations as set out in these Terms, with the exception of some sponsored content (i.e. content from partners that you can buy from them by getting redirected to their website, hereinafter "Sponsored Content"). You have no obligation to, but you can provide credit to the photographer, the content's owner, or Ikubari.
4.4 CC0 License
The Creative Commons Zero (CC0) license applies to and governs certain Content made available for download on the Service ("CC0 Content"). The reference "CC0 License” will be placed next to any image or piece of content that is designated as CCO Content and made available for download on the Service. By relinquishing all of their rights to the CC0 Content globally under copyright law, including all related and adjacent rights, the authors of the work have, to the fullest extent permissible by relevant law, devoted the work to Ikubari.
Subject to the CC0 License Terms, all personal and commercial uses of the CC0 Content are permitted without crediting Ikubari or the author/content owner of the CC0 Content.
Be aware that CC0 has no effect on any person's patent or trademark rights, nor does it affect any other person's rights in the CC0 Content or in how the CC0 Content is used, such as publicity or privacy rights. You could still need the permission or approval of third parties if recognizable people, logos, trademarks, or other copyrightable works are shown in the CC0 Content, depending on how the CC0 Content is meant to be used (especially for commercial purposes).
Additionally, you may not indicate that the creator of the CC0 Content or any other person, business, or brand that is represented in the CC0 Content endorses any goods and services when utilizing the CC0 Content.
4.5 Ikubari may be unable to properly monitor all Content published to the Service, even though photographers and users who upload Content to our website represent and warrant to us that they have all the rights therein and that the Content does not violate any third-party rights. Therefore, we disclaim any warranties and assurances with regard to the rights that are granted to you herein.
4.6 You should be aware that, depending on how you plan to use the Content, you might require the permission or agreement of a third party (such as the owner of a brand, an identifiable person, or the creator or right holder of a copyrightable work that is depicted in the Content).
- Limitations on how the Service and Content may be used
5.1 You affirm and promise Ikubari that you won't do any of the following when using the Service:
5.1.1 pose as someone else on the Services, such as an Ikubari representative or another person in charge of the Services, or pretend to have a relationship with such people that do not actually exist;
5.1.2 Store, publish, or transmit "junk mails," chain letters, unsolicited bulk e-mails, etc. via the Service or Website, or for any other reason. ("spamming");
5.1.3 transmit any data or keep any data on an Ikubari data carrier that is designed to harm or jeopardize the functionality of the Services and the Ikubari data network by virtue of its size, reproduction, or nature (e.g., viruses);
5.1.4 launch any sort of electronic attack on the Service or network; in particular, using tools like robots or spiders that read data automatically is not permitted;
5.1.5 utilize any metatags or other hidden texts featuring Ikubari's name or trademark without Ikubari's express written approval;
5.1.6 Gathering, keeping, or making use of any personal data, such as member names and profiles of other users.
5.1.7 Copy the website's style and design.
5.2 Furthermore, you undertake NOT to utilize any Ikubari Content made available through the Service (in whole or in part), despite the Ikubari License granted to you by Ikubari hereunder:
5.2.1 to portray any character in the content (a "Person") in a way that a decent person would find offensive, such as but not restricted to portraying a Person: a) in relation to pornography, adult entertainment venues, escort services, dating services, or the like; b) in relation to the endorsement of goods and services (i.e. a statement made to the Person outlining the advantages or suggesting goods/services to the public); c) in a political context, such as the promotion, advertisement, or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as having a physical or mental illness, or taking medication for it; or e) partaking in unethical or illegal behavior;
5.2.2 in a context that is pornographic, defamatory, or misleading, or in a way that might be construed as libelous, obscene, or unlawful;
5.2.3 as a trademark, service mark, logo, or other source-designating element;
5.2.4 in a way that violates the copyrights, trademarks, or other intellectual property of any third party or that could give rise to a claim of deceptive advertising or unfair competition;
5.2.5 Falsely state that any Content was created by someone other than the copyright holder(s) of that Content, whether explicitly or by way of a plausible implication.
5.2.6 access, download, copy, edit, distribute, perform, or utilize any Content to either build a service that is comparable to or competitive with one that already exists or to add Content to that service.
- Terms Violation and Termination of Use
6.1 Ikubari maintains the right to reject the posting of Content and to remove already published Content at its sole discretion.
6.2 In addition, Ikubari reserves the right to restrict or suspend your access to the Services entirely or in part at any time, without prior notice and without allowing you to file a claim for damages ("Suspension"), if there are good reasons to believe that you have violated these Terms and/or the relevant Conditions of Participation.
6.3 Ikubari will end the suspension if you can show that you did not break any of the terms or applicable conditions of participation within a year of the suspension. Ikubari has the right to deactivate your member account and all of its data if such proof is not given within the allotted 12-month time frame.
6.4 Ikubari firmly reserves the right to pursue legal action, including instituting claims for damages or bringing charges.
- Notice of Violations
7.1 If you think any of the Content offered on and via the Service involves a legal infringement, do let us know. You can send the message via email to info@ikubari.com.
7.2 If you feel that the Content of users stored, published, or transmitted on the Website violates your copyrights and you are the owner of those copyrights or your representative, please contact us by email at info@ikubari.com and include the following information:
7.2.1 an explanation of the rights you believe have been violated;
7.2.2 a description of the content you think violates your rights, preferably with a URL, and the specific passage you think violates the law;
7.2.3 your home address, cell phone number, and email address;
7.2.4 a declaration from you stating that, to the best of your knowledge and belief, you think that the alleged use has not received approval from or is not authorised by the rightsholder or its agent.
- Links to other third-party websites; Disclaimer of Warranties
8.1 You do so at your own risk when using the Service. You are provided with the Website and the Service "as is" and "as available." We do not guarantee that the Website or the Services will always be available, up to date, timely, secure, error-free, or fit for use for any specific purpose or to produce any specific outcome.
8.2 Ikubari does not guarantee that the information on the website or any other websites to which it links is accurate or comprehensive. Users' content does not represent our opinions or worldviews. Links to other websites do not mean that Ikubari approves of or endorses the content of such websites. Ikubari is not in charge of and has no control over the content of the external websites that are linked to. The terms and privacy policies of any third-party websites or services that you access should be carefully examined. In addition, Ikubari disclaims any liability for any advertising or product or service offerings made by third parties on the Website.
8.3 Ikubari will remove any content, links, or advertising found to have violated the law as soon as it is made aware of it through the website's content, advertisements, or links to other websites.
8.4 Ikubari disclaims all liability for any mistakes, interruptions, deletions, faults, delays in operation or transmission, broken communication lines, unauthorized access, and theft, sabotage, or manipulation of user communications. Ikubari is also not responsible for issues or technical malfunctions related to telephone networks or lines, online systems, servers or providers, computer hardware, software, or failures of emails or players as a result of technical issues or data jams on the internet and/or one of the Services, unless these are under its control.
Ikubari provides access to stock photography and videography for digital media (also referred to as “Content”). By accessing and using the Website, you agree to the following terms:
9.1 The Website shall not be liable for any damages, loss or injury arising out of the User's use of the Content or any reliance on it, including but not limited to any direct, indirect, incidental, special or consequential damages.
9.2 The User acknowledges and agrees that the Website is not responsible for the misuse or misappropriation of the Content by any third party and shall not be held liable for any loss, damage or liability resulting from such misuse or misappropriation.
9.3 The User agrees to indemnify, defend and hold the Website, its officers, directors, employees, agents and affiliates harmless from and against any and all claims, damages, liabilities, costs and expenses (including but not limited to attorneys' fees) arising out of or in connection with the User's use of the Content or any breach of this clause.
By accessing and using the Website, the User acknowledges and agrees to the terms
- Indemnification
You agree to defend, indemnify, and hold Ikubari and its affiliates harmless from and against any and all claims, damages, liabilities, losses, or demands arising out of or in connection with (I) your use and access to the Website and/or Service; (ii) your violation of these Terms; and (iii) any infringement by you or your Content of any third party's rights (including copyrights, trademark rights, personal rights, and other rights). The obligation to indemnify also covers any reasonable legal defense expenses, including any attorney fees required to defend against such claims.
- Data Protection
Our Privacy Policy, which is available at https://www.ikubari.com/privacy-policy/, governs how the Website and Service are used.
- Choice of law, place of jurisdiction
Lagos, Nigeria serves as the location of jurisdiction for businesses, legal entities under public law, and special funds under public law. The parties agree to submit to arbitration in relation to any claim, dispute or matter arising out of or relating to this agreement. Any grievance arising out of this agreement must first be subject to negotiation between the disputing parties.
- Miscellanous
13.1 These Terms are the only agreement between you and ikubari regarding your use of the Website and the Services, along with any relevant Conditions of Participation, our Privacy Policy, and any other legal clauses we may post on the Website.
13.2 The validity of the remaining Terms will not be impacted if any particular clauses or gaps in these Terms are completely or partially unenforceable.
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