Welcome to Dumela Creative Stock! These Terms of Service ("Terms") govern your use of our website located at [dumelacreativestock.com] (the "Site") and the services provided therein. The Site is operated by Dumela Creative Stock ("Company," "we," "our," or "us"). Our motto, "You Create. We facilitate. You engage," reflects our role as a platform connecting creators and buyers of African digital content.
By accessing or using our Site, including registering an account, browsing, uploading, or downloading any content, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Site.
We provide an online marketplace that facilitates transactions between buyers and sellers of digital content, including photos, vectors, videos, and audio ("Content"). We are not a traditional stock agency. Our role is strictly to provide the technological platform ("We facilitate").
As the platform provider, we are not a party to any actual transaction or license agreement between buyers and sellers. We do not pre-screen Content, and we are not responsible for the accuracy, quality, legality, or safety of Content uploaded by users. We simply provide the space "for your downloading pleasure."
To use certain features of the Site, such as uploading or purchasing Content, you may be required to register an account. You represent and warrant that:
You are at least 18 years old (or the age of majority in your jurisdiction).
All registration information you submit is truthful, accurate, and complete.
You will maintain the security of your account password and are fully responsible for all activities that occur under your account.
You will promptly notify us of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms.
3.1 Content by Sellers ("Creators"): As a creator, you retain all ownership and copyright to the Content you upload. By uploading Content to the Site, you grant Dumela Creative Stock a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and distribute your Content solely for the purpose of operating and promoting the Site and facilitating its sale to buyers.
3.2 Content for Buyers ("Engagers"): When you purchase Content from the Site, you are acquiring a license to use that Content from the seller, not from Dumela Creative Stock. The specific terms of that license (e.g., rights, restrictions, duration) will be specified at the point of sale (e.g., Standard License, Extended License). You agree to abide by the terms of the license granted by the seller.
Our mission is to celebrate "Photos, Videos, Audio from Africans" and provide a platform for creative expression from an African perspective. To maintain a safe and legal environment, you agree not to upload, post, or transmit any Content that:
Infringes on any third-party copyright, patent, trademark, trade secret, or other proprietary right.
Is illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Depicts illegal activities, violence, or cruelty to animals.
Contains any viruses, malware, or other harmful code.
Violates any applicable local, national, or international law.
We reserve the right, but have no obligation, to review and remove any Content that violates these Terms.
5.1 Purchases: All purchases made on the Site are final. By making a purchase, you agree to pay the price specified for the Content or service. All payments are processed through our third-party payment processors. We do not store your full payment information on our servers.
5.2 Sales and Payouts: As a seller, you are responsible for setting your prices and understanding our fee structure as outlined in our [Fee Structure Document]. We will facilitate the payout of your earnings, minus applicable fees, according to a regular schedule. You are responsible for reporting and paying any taxes associated with your sales.
5.3 Refunds: Due to the digital nature of our products, all sales are generally final and non-refundable. However, we may consider refunds on a case-by-case basis for technical issues (e.g., corrupted file) at our sole discretion.
6.1 Our IP: The Dumela Creative Stock name, logo, site design, and all other original elements of the Site (excluding user Content) are our intellectual property and may not be used without our express written consent.
6.2 User Content: You represent and warrant that you own all Content you upload or have the necessary licenses, rights, consents, and permissions to publish and sell it on our Site.
The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any such website.
THE SITE AND ALL CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DUMELA CREATIVE STOCK, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR INABILITY TO USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
You agree to defend, indemnify, and hold harmless Dumela Creative Stock and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney_qt_s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Botswana, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the courts of Gaborone, Botswana.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days_qt_ notice prior to any new terms taking effect. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at:
Email: legal@dumelacreativestock.com
Address:
Dumela Creative Stock
Plot 54110, Unit 6, Second floor, Mosha Center,
Gaborone, Botswana