3. License Agreement. Foto.com.ng's website enables any person or entity who owns or is otherwise authorized to license Images (the "Content Owner") to post such Images on the Site.
Copyright And Limited License. The Site and all Images, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Foto.com.ng or its licensors.
Any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials modifying or otherwise making any derivative uses of the Site or any of the Site Materials scraping or otherwise using any data mining, robots or similar data gathering or extraction methods with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of Foto.com.ng or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
User Content, not owned by you, may be posted and distributed on personal blogs or other social media outlets through use of Foto.com.ng provided sharing methods including, but not limited to Twitter Share, Facebook Like, Google +1, and Embed feature. Embed feature html code snippet must be used unmodified and User Content images must be displayed no larger than 640x640 pixels. Use of any non-approved method for sharing User Content is strictly prohibited. All distributed or shared User Content must be hosted by Foto.com.ng and must not be copied to another location.
5. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, Foto.com.ng has adopted a policy of terminating, in appropriate circumstances and at Foto.com.ng's sole discretion, account holders who are deemed to be repeat copyright infringers. Foto.com.ng may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Copyright Complaints. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Send email to: email@example.com
6. Trademarks. "FOTO.COM.NG", the Foto.com.ng logo, “ImageDuel”, the look and feel of the Site, and any other Product or Service names, logos or slogans of Foto.com.ng contained in the Site are trademarks of Foto.com.ng (collectively, the "Foto.com.ng Marks") and may not be copied, imitated or used without the prior written permission of Foto.com.ng. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
7. Hyperlinks. You may create a text hyperlink to the Site, provided such link does not portray Foto.com.ng or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Foto.com.ng at any time. Further, you may not, frame the Site without Foto.com.ng's express written consent. Foto.com.ng makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Foto.com.ng provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. Third Party Content. Foto.com.ng may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by Foto.com.ng of any Third Party Content. Foto.com.ng makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
9. Account Security. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Foto.com.ng of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Foto.com.ng.
DISCLAIMER OF WARRANTIES. THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOTO.COM.NG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES. FOTO.COM.NG DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM FOTO.COM.NG OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOTO.COM.NG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FOTO.COM.NG ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.