Terms of Service Agreement

Welcome and thank you for visiting our website, www.cameraman.ng (“Site”). The Site is operated by CAMERAMAN DIGITAL SERVICES, (“Cameraman.ng”), whose principal place of business is 294 Herbert Macaulay Way, Sabo Yaba, Lagos. Cameraman is a photography marketplace, where people can find and book Photographers/Videographers for any need. This Terms of Service Agreement (“Agreement”) describes the terms by which you are allowed to use the Site.

IN ORDER TO USE THE SITE, YOU MUST ACCEPT THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT ACCEPT ANY PART OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE, INCLUDING ITS FEATURES, YOU ACCEPT THIS AGREEMENT.

 

1.    General

This Agreement establishes the terms that apply to your use of the Site. By accessing or using any part of the Site, including its features, you agree to fully comply with this Agreement.

You agree to protect the confidentiality of your account credentials, and to be held responsible for all activity on your account, including for the actions of other individuals you allow to use your account. Please notify Cameraman immediately of any unauthorized access or use of your account.

The Site is intended for users age eighteen (18) and older. By using the Site, you agree that you are over the age of eighteen (18).

Cameraman may, at any time, change or discontinue any feature of the Site, without notice.

 

2.    Changing terms

Cameraman may change or modify the terms of this Agreement at any time. Such changes or modifications will become effective upon posting. Cameraman may provide notice of changes to this Agreement through the Site and/or by email. Your use of the Site following notification will be deemed acceptance of all changes and modifications to this Agreement.

 

3.    About the Site

We provide a comprehensive marketplace for people to find Photographers/Videographers for any legal purpose that is not otherwise prohibited by this agreement. Some of the Site’s features may be offered free of charge, such as creating an account, but it is possible that Cameraman may charge for access to such features. Cameraman will not charge you for any such services unless you provide consent prior to incurring charges. Cameraman reserves the right to change or cease its features or services offered at any time without notice. You agree that Cameraman will not be liable for any change or cessation of features or services.

You agree that all services provided by Cameraman are provided on an “AS IS” and “AS AVAILABLE” basis. Any difficulties that the Site may experience may result in the loss of data or other service or feature interruptions. Cameraman does not assume any responsibility or liability for the loss, deletion, timeliness or failure to store data or information.

Through the Site, you may access features or purchase goods or services that are provided by third parties. Your use of such features or purchase of goods or services may be subject to separate terms with the providing third party.

 

4.    Your conduct

  • You will provide true and accurate information about yourself. Please update any registration information that is no longer true or accurate.
  • You will use the Site for lawful purposes only.
  • You will not post or otherwise transmit through the Site anything that contains content that:
    • Is inaccurate, false or misleading
    • Promotes illegal activity or is illegal
    • Is defamatory, abusive, obscene, profane, threatening, harassing, offensive or promotes bigotry or racism
    • Infringes or violates another’s intellectual property rights, including their right to privacy or right of publicity
    • Contains any malware, spyware, adware or other malicious computer code

The above categories are not intended to be exhaustive. Cameraman may monitor content posted on the Site. Cameraman may edit or remove any content it determines is offensive or violates this Agreement, in its sole discretion, at any time without notice. The posting of such prohibited content may result in the removal of the prohibited content and/or termination of your access to the Site. You understand and agree that Cameraman is not responsible for the content posted on the Site by its users.

By submitting content to any public area of the Site, or by otherwise transferring content through the site, you automatically grant, or warrant that the owner of the content grants, a royalty-free, perpetual, irrevocable and non-exclusive right and license to use the content in any manner, at the sole discretion of Cameraman, in any form of media now known or hereafter developed.

 

5.    Photography/Videography services

Cameraman provides a comprehensive marketplace for people to purchase the services of a Photographer/Videographer. Clients may purchase blocks of a Photographer/Videographer time from Cameraman, which may include a specified number of prints. Following a Client’s purchase of a Photographer/Videographer time, a photo-shoot/video-coverage will be scheduled through the Site. Within several weeks of the photo-shoot, the Photographer/Videographer will deliver the pictures/videos it deems best, in the Photographer/Videographer sole discretion, by posting the pictures/videos on the Site. Clients will then have the opportunity to select what photos they would like to print. Following the Client’s selection of photos, said photos will be sent for printing and Cameraman will release payment to the Photographer/Videographer.

In addition to the terms of this Agreement, Photographers/Videographers are subject to the terms of the Photographer/Videographer Agreement, which is incorporated by reference into this Agreement and can be accessed here.

 

6.    Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. CAMERAMAN DOES NOT WARRANT THAT THE SITE AND ITS FEATURES WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED. YOU AGREE NOT TO RELY ON THE SITE, INCLUDING ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE, FOR ANY PURPOSE. THE SITE, ITS FEATURES, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CAMERAMAN AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATION OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR USER ON THE SITE, OR AS TO THE QUALITY OF ANY GOODS, MERCHANDISE, OR SERVICES PURCHASED THROUGH THE SITE.

YOU ARE SOLELY RESPONSIBLE FOR ANY HARMS OR POTENTIAL HARMS TO YOUR PERSON, COMPUTER SYSTEM, OR PROPERTY THAT RESULT FROM YOUR USE OF THE SITE OR YOU’RE INTERACTIONS WITH OTHER SITE USERS. CAMERAMAN SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS OF ANY NATURE.

IF ANY LIABILITY IS FOUND FOR ANY CLAIM OR SUIT ARISING OUT OF THIS AGREEMENT, THE LIABILITY OF CAMERAMAN AND ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE NUMBER OF FEES RETAINED BY CAMERAMAN IN CONNECTION WITH YOUR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100).

 

7.    Arbitration

Any controversy or claim you have against Cameraman relating to this Agreement or its purported breach shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in Lagos State by a sole arbitrator. Any controversy or claim shall not be consolidated with the controversies or claims of other individuals. Cameraman shall have the option to bring any claim or dispute against you in Federal Republic of Nigeria court or Federal Court, or in binding arbitration. You consent to personal jurisdiction and venue in Federal Republic of Nigeria and Federal Court. Cameraman shall be entitled to seek its reasonable attorney’s fees and costs in any action against you. The AAA Commercial Arbitration Rules shall govern any arbitration under this agreement.

 

8.    Indemnification

You agree to indemnify, defend, and hold harmless Cameraman and its respective officers, directors, employees, attorneys and their respective successors and assigns from and against all losses, costs, expenses, damages, or other liabilities (including reasonable attorney’s fees and costs) as a result of any claim, suit or proceeding resulting from the breach of this Agreement, your negligent or otherwise harmful conduct, your use of the Site, and any violations of law.

 

9.    Account closures

You may close your account at any time by sending a request to info@cameraman.ng we will process all account closures within a reasonable timeframe upon receipt. Note that closed accounts may not be recoverable. Without limitation, Cameraman may terminate your account if you have breached a provision of this Agreement, do not intend to comply with this Agreement, are unable to comply with this Agreement, or if Cameraman is required to do so by law. Additionally, Cameraman may terminate your account if you repeatedly cancel services, whether the purchase or performance of, that were acquired through the Site.

 

10. Intellectual Property

Cameraman reserves all of its intellectual property rights, including but not limited to the name Cameraman, the Site, the Site design, and the Site’s content. Unless you have agreed otherwise in writing with Cameraman, you agree that nothing in this Agreement gives you the right to use any of Cameraman’s intellectual property for any purpose. You further agree that you will not use any intellectual property in a manner that may cause a likelihood of confusion as to the owner or creator of such content.

Photographers/Videographers will retain all intellectual property rights in their photos until said photos are purchased. Upon purchase, all intellectual property rights for the specific purchased photos will transfer to the buyer. Photographers/Videographers will retain all intellectual property rights for photos that are not purchased.

If you believe any content on the Site infringes upon the intellectual property of yourself or others, please let us know at info@cameraman.ng

 

11. Terms of purchase

Cameraman may charge and collect tax on all eligible shipments of goods that were purchased on the Site. For any goods purchased on the Site, the risk of loss transfers to you upon delivery to the carrier. Listed prices may change at any time without notice to you. Prices listed on the website do not guarantee purchase prices until payment is made.

 

12. Third party content

Any opinions, statements, content, advice, services or information made by any third parties, including other Site users, on the Site are those of the respective author(s) and not Cameraman. Cameraman does not endorse, nor is it responsible for, the opinions, statements, content, advice, services, or information made available on the Site by third parties. Cameraman will not be liable for any loss or damage caused by your reliance on information obtained through the Site, as it is your responsibility to determine the completeness, accuracy, or usefulness of any information, advice, services, statements, opinions or content on the Site.

 

13. Other links

The Site may have hyperlinks to other websites or services. Cameraman does not control websites or content that has not been provided by Cameraman. You agree that Cameraman does not endorse the websites or content that it did not provide. Cameraman will not be held liable for any reason in connection with websites or content posted on the Site by third parties.

 

14. Miscellaneous

This Agreement incorporates by reference all other policies that the Site is subject to, including the Privacy Policy (which can be accessed here) and the Photographer/Videographer Agreement (which can be accessed here). This Agreement constitutes the entire agreement between the parties with respect to the use of the Site. All provisions of this Agreement are severable, and if any provision is held to be unenforceable, it shall not affect the enforceability of the remaining provisions. Additionally, if any provision is found to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent of Nigeria law, preserves the original intentions of the parties.

Federal Republic of Nigeria law shall govern this Agreement. The failure of Cameraman to partially or fully exercise any rights under this Agreement shall not prevent any exercise of such right, or be deemed as a waiver of such rights. The exercise of any rights under this Agreement shall not limit Cameraman’s right to exercise any other remedy.

 

15. Privacy Policy

For more information about Cameraman’s privacy practices, please read our Privacy Policy, which is incorporated by reference in this agreement and can be accessed at (link). The Privacy Policy outlines what information we collect, how we collect the information, and how we use the information. By accessing or using the Site, you agree to the use of your information as delineated in the Privacy Policy.

 

16. Questions

Should you have any questions relating to this Agreement, please contact us at info@cameraman.ng

This Agreement was last updated on January 7, 2018.