Introduction

Tristetix is a stock photography platform where African photographers, curators and all lovers of art can share, connect, inspire and get inspired by Afrocentric photography. These Terms and Conditions ("Agreement") governs the use of the Tristetix website, blog and photographer community ("tristetix.com platform") that are made available by Tristetix ("tristetix.com"). These Terms and Conditions represent the legal agreement between tristetix.com and the individual or entity who makes use of service.
By using tristetix.com (or any of its subdomains), signing up for an account on the Tristetix platform or any taking part in other activity on tristetix.com, you agree and accept these Terms and Conditions. Any participation on this platform will constitute acceptance of this agreement. If you do not agree to abide by the above, you are not authorized to use this platform.


Eligibility

The Tristetix platform is designed for use by people who are at least 16 years old. If you are not 16 years of age, you are not eligible to use this platform.


Accounts

The Terms and conditions (related to Accounts) begin once you create (open) an account at tristetix.com and continues if you use our services. Clicking the "REGISTER" button means that you have officially “accepted” the Terms and conditions. If you sign up on tristetix.com on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
By registering on Tristetix, you are stating that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. You are also achnowledging responsibility for keeping your account password safe and confidential. Any activity that happens under your account will be your responsibility.


Premium Accounts

Tristetix allows photograhers to open basic or premium Creator accounts. Basic account holders are allowed to upload thier photographs for free as users will be able to download such photographs free of charge on the Free license.

Premium Creator accounts are for Tristetix creators who wish to get paid for their photos uploaded on Tristetix. All photos uploaded as "Premium photos" or "Premium photographs" are under the Tristetix Premium license.

In opening a premium Tristetix account, you thereby agree to release all intellectual property rights for any photograph you upload as a "Premium Photograph".
This means that all photographs uploaded as "Premium photos" or "Premium photographs" are no longer your property but the property of Tristetix.
This is simply to ensure we have full ownership of all assets we offer for sale on Tristetix.


Premium account holders are paid 40% of the selling price on each individual photograph purchased on Tristetix.
However, for our premium creators whose photos are on high demand; we pay 45% of the selling price on each individual photograph purchase.

For questions, comments or concerns regarding premium accounts and payments, kindly send a mail to creators@tristetix.com


Photo License

Tristetix permits you to search for, view, and download all photographs (That have been marked as Free to use) uploaded by Tristetix Creators. These photographs are made available to you free of charge under the Tristetix Free license and are free to use, copy, distribute and modify for commercial and noncommercial purposes.
You however, do not have the right to use:

  • Any photograph that has been marked as "Premium"
  • Any photograph on which the Tristetix logo is displayed
  • Any photograph that has been watermarked
  • Works of art or authorship that appear in Photos
  • Trademarks, logos, or brands that appear in Photos

If you download photographs that match any of the above criteria, you must receive permission to use such photograph from Tristetix. Such photographs are Premium license photographs.


Content

All digital information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the tristetix.com platform are the sole responsibility of the person from which such content originated.
You understand and acknowledge that tristetix.com is protected by intellectual property rights which are owned by Tristetics Limited. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the tristetix.com platform, either in whole or in part, unless you have been specifically told that you may do so by Tristetics Limited, in a separate agreement.


Creators

When you open a Tristetix Creator ("Creator") account on Tristetix, you own all of your "User generated" content (including but not limited to photographs uploaded, information, external links, profile picture, etc). We do not claim ownership over such content as it is your sole property. We however reserve the right to display all content (except your email address and password) to the general public on tristetix.com
Any content uploaded, added or updated must be your original property and must not be invading any third-party’s rights.The tristetix.com platform reserves the right to remove any of your content from the platform at any time without notice.


Disclaimer

We are under no obligation to you or anyone to monitor, edit, or control the User generated content that you and other users upload or post to the tristetix.com platform. We are not responsible for any User generated content on the tristetix.com platform and you agree not to make any claims against us on account of User generated content. We may at any time remove, edit, screen, or block any Account from the tristetix.com platform (without prior notice to the Account Holder) for any reason, including if we think the User generated content of the account violates these Terms and conditions or is otherwise objectionable.
When you use the tristetix.com platform, you will be exposed to the User generated content of other Account Holders, some of which you may find offensive, inaccurate, or indecent. We may investigate claims alleging that User generated content violates these Terms and conditions. In those cases, we alone will decide what actions to take (if any) regarding the User generated content in question.


Creator Consent

By opening a Creator Account, you thereby acknowledge that due and proper consent has been given for all photographs uploaded to the tristetix.com platform. This includes but is not limited to:

  • Consent from legal guardians of minors who appear in your photographs
  • Consent from adults who appear on your photographs
  • Consent from necessary authorities for private entities (such as buildings, books, animals, etc) that appear in your photographs

Intellectual Property Rights

As stated above, other than your User generated content, under these Terms, Tristetix and/or its licensors own all the intellectual property rights and materials contained on this platform. You are specifically restricted from all of the following:

  • Publishing any tristetix.com platform Photographer Community material in any other media
  • Selling, sublicensing and/or otherwise commercializing any tristetix.com platform material
  • Publicly performing and/or showing any tristetix.com platform material
  • Using the tristetix.com platform in any way that is or may be damaging to it
  • Using the tristetix.com platform in any way that impacts user access to the tristetix.com platform
  • Using the tristetix.com platform contrary to applicable laws and regulations, or in any way may cause harm to the tristetix.com platform, or to any person or business entity
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the tristetix.com platform
  • Using the tristetix.com platform to engage in any advertising or marketing.

Termination

The tristetix.com platform may terminate, suspend, or modify your account registration with, or access to, all or part of the tristetix.com platform, without notice, at any time and for any reason. If you breach any of the Terms and conditions, your authorization to use the tristetix.com platform automatically terminates.
You may discontinue your participation in and access to the tristetix.com platform at any time by deleting your account.


Prohibited Use and Content

By using the tristetix.com platform, you agree not to:

  • Use the Service for any illegal purpose or in violation of any laws or regulations
  • Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights
  • Upload, post, or publish any User generated content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
  • Interfere with the security features of the tristetix.com platform
  • Interfere with our operations of the tristetix.com platform or another user’s use of the tristetix.com platform
  • Perform fraudulent activities, such as impersonating another person or lying about your date of birth
  • Reproduce, distribute, publicly display, or publicly perform the tristetix.com platform
  • Make modifications to the tristetix.com platform
  • Interfere with or circumvent any feature of the tristetix.com platform, including any security or access control mechanism
  • Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Photos to create a similar or competitive platform or to contribute the photographs to an existing similar or competitive plaform
  • Transfer your rights to use the tristetix.com platform or to view, access, or use any Materials
  • Assist anyone to carry out any of the listed prohibited items

No warranties

The tristetix.com platform is provided "as is," with all faults, and Tristetix express no representations or warranties, of any kind related to the platform or the materials contained on the platform. Also, nothing contained on the tristetix.com platform shall be interpreted as advising you.


Limitation of liability

In no event shall Tristetix, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of the tristetix.com pltform whether such liability is under contract. Tristetix, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the tristetix.com platform.


Indemnification

You hereby indemnify to the fullest extent Tristetix from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and conditions.


Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.


Variation of Terms

Tristetix is permitted to revise these Terms and conditions at any time as it sees fit. By using the tristetix.com platform you are expected to review these Terms and conditions on a regular basis.


Assignment

The tristetix.com platform is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


Entire Agreement

These Terms constitute the entire agreement between Tristetix and you in relation to your use of the tristetix.com platform, and supersede all prior agreements and understandings.


Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Nigeria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Nigeria for the resolution of any disputes.


January 2021
contact@tristetix.com

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