Terms and Conditions
Acceptance of Terms
Intellectual Property; Limited License to Users
- Unless you enter into a license agreement with Dumela Creative Stock you may not download, distribute, display and/or copy any Dumela Creative Stock Content.
- You may not remove any watermarks or copyright notices contained in the Dumela Creative Stock Content.
Dumela Creative Stock Trademarks
- You agree that you will not use Dumela Creative Stock's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Dumela Creative Stock.
- You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Dumela Creative Stock Trademarks or the Trademark rights claimed by Dumela Creative Stock.
- You agree that you will not use any Dumela Creative Stock Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without Dumela Creative Stock's prior written consent any word or mark which is similar to or likely to be confused with Dumela Creative Stock's Trademarks.
- The look and feel of the Dumela Creative Stock website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Dumela Creative Stock and may not be copied, imitated or used, in whole or in part, without the prior written consent of Dumela Creative Stock.
- All other trademarks, product names, and company names or logos used or appearing on the Dumela Creative Stock 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 Dumela Creative Stock, unless expressly so stated.
- You may not use a Dumela Creative Stock trademark, logo, Image or other proprietary graphic of Dumela Creative Stock to link to the Dumela Creative Stock website without the prior written consent of Dumela Creative Stock.
- You may not frame or hotlink to the Dumela Creative Stock website or any Image without the prior written consent of Dumela Creative Stock.
Information You Provide
- By uploading Your Content, you grant Dumela Creative Stock a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
- You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation.
- You may not use any Dumela Creative Stock Content for any purpose without first obtaining a license to use such Dumela Creative Stock Content. Any use of Dumela Creative Stock Content by you shall be governed by the applicable license agreement separately entered into between you and Dumela Creative Stock. Displaying and/or distributing to the public any watermarked or unlicensed Dumela Creative Stock Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Infringement Claims / DMCA Notices
- If you believe that any Image or other material made available by Dumela Creative Stock infringes upon any copyright that you own or control, you may notify Dumela Creative Stock in the manner set forth in our DMCA Copyright Infringement Notice Policy.
- You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Dumela Creative Stock or any third party.
- Violate the rights of Dumela Creative Stock or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
- Dumela Creative Stock may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Dumela Creative Stock Content at any time in Dumela Creative Stock's discretion, without prior notice or liability to you. Any conduct by you that, in Dumela Creative Stock’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Links to Third Party Sites
- In the event that the Site is available through any third-party platform, or if Dumela Creative Stock provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Dumela Creative Stock makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Dumela Creative Stock, and Dumela Creative Stock provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Dumela Creative Stock.
Warranties and Disclaimers
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the Republic of Botswana. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Dumela Creative Stock shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Dumela Creative Stock, such action is necessary or desirable.