Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement.

This agreement applies to you, and if you are using this web site on your employer's behalf, to you and your employer. Wahomes Kenya reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or download or use any Images.

Permitted Use of this Site

Any Images download from this site will not be manipulated in any form. The person downloading the images will not use the images for the purposes of demeaning/humiliating the person in the photograph in any manner.

This site is owned and operated by Wahomes Kenya. All images and related informational materials in any medium furnished by Wahomes Kenya hereunder, including related text, captions, or information (collectively referred to as "Images") are owned by Wahomes Kenya or our Image providers. All Images are protected by US and international copyright laws.

This site contains both Images that depict a visible watermark ("Watermarked Images") and Images that do not contain a visible watermark ("Non-Watermarked Images"). Wahomes Kenya allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a Wahomes Kenya account and Wahomes Kenya has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. You may not remove any copyright or other proprietary notices contained in the Images, caption information, or any other material on this site. Wahomes Kenya reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Wahomes Kenya. All rights not specifically granted under this Agreement are reserved to Wahomes Kenya. Additionally, you may not employ software to "crawl" or search our web site and/or retrieve Images or related information.

Wahomes Kenya may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with Wahomes Kenya Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or at Wahomes Kenya request return all such copies to Wahomes Kenya. Your use of this site and any Images shall comply with all applicable law. Wahomes Kenya may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Wahomes Kenya.

Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Wahomes Kenya. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

As a convenience, our site may link to other sites that may be of interest to you but are not under Wahomes Kenya control. These links do not imply endorsement by Wahomes Kenya and we are not responsible for the availability of or the content contained in any linked site. The Wahomes Kenya site may contain or use technology that provides Wahomes Kenya and its affiliates with information regarding your use of this site, or which permits Wahomes Kenya to audit your compliance with this Agreement via the use of software designed to track and identify Images. Please consult Wahomes Kenya Privacy Policy for specific information on Wahomes Kenya policies for use of your personal information.

Registering For A Wahomes Kenya Account

To obtain access to Non-Watermarked Images, you may apply for a Wahomes Kenya account and you agree to furnish true and accurate information. Wahomes Kenya reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Wahomes Kenya. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Wahomes Kenya of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Wahomes Kenya of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Wahomes Kenya account or web site or related services.

Your Use of Images

"Images" include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images ("Watermarked Images") or higher resolution non-watermarked Images ("Non-Watermarked Images").

Use of Watermarked Images

Conditioned on your compliance with this Agreement, Wahomes Kenya grants you a limited license to download Watermarked Images solely for evaluating whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may use the Watermarked Images for up to sixty (60) days from the date of download in your internal "comps" and layouts to assist in your evaluation. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Wahomes Kenya grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

Use of Non-Watermarked Images

Your use of Non-Watermarked Images shall be governed solely by the Standard Terms and Conditions applicable to your use. Only Authorized Users may access and download Non-Watermarked Images.

Wahomes Kenya' Standard Terms and Conditions

The following Term and Conditions apply to your use of Non-Watermarked Images and are incorporated into this Agreement by reference. They include (by licensing category):

Rights Managed
Royalty-Free
News
BizPresenter
Consumer Use

Listed Restrictions

Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use. Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Wahomes Kenya prior to download or use of any Image.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Wahomes Kenya to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Wahomes Kenya' rights or remedies in connection with any unauthorized use.

Sensitive Subjects

Any license granted by Wahomes Kenya shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Wahomes Kenya' separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain Images may be available for use with sensitive subjects for an additional fee. You must contact Wahomes Kenya for additional information prior to any use of an Image with any sensitive topic.

Model and Property Releases/Clearances

The rights Wahomes Kenya grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Wahomes Kenya. Wahomes Kenya makes no representations or warranties that it owns or licenses any rights nor does Wahomes Kenya grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Wahomes Kenya makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Wahomes Kenya. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

An Image designated as "model released" means that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses. If Wahomes Kenya erroneously advises you that an Image is model-released when it is not, Wahomes Kenya' liability shall be limited to the amount you paid Wahomes Kenya for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Wahomes Kenya is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Wahomes Kenya with proof of such releases and permissions upon request.

Wahomes Kenya Trademarks

You may not use the trademarks or service marks of Wahomes Kenya without Wahomes Kenya' prior written consent. Wahomes Kenya and the Wahomes Kenya logo are registered trademarks of the Wahomes Kenya Corporation.

Indemnification

You agree to indemnify, defend, and hold harmless Wahomes Kenya against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

Wahomes Kenya PROVIDES YOU WITH ITS SITE AND IMAGES ON AN "AS IS" BASIS. Wahomes Kenya MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER Wahomes Kenya NOR ANY Wahomes Kenya AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL Wahomes Kenya' OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF (I) THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE, OR (2) $500.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

Wahomes Kenya may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Wahomes Kenya' site, send Wahomes Kenya' copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Wahomes Kenya site; (iv) information sufficient to permit Wahomes Kenya to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Wahomes Kenya' copyright agent for notice of claims of copyright infringement can be reached as follows:
Wahomes Kenya Copyright Agent
administrator@wahomeskenya.com

Choice of Law / Jurisdiction / Attorneys' Fees

Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s'y rattache soient rediges en langue anglaise). In any dispute between Wahomes Kenya and you, Wahomes Kenya shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.

No Waiver / Severability

No action of Wahomes Kenya, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Miscellaneous

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Wahomes Kenya, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by Wahomes Kenya. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Wahomes Kenya prior written consent.