AFLO - TERMS AND CONDITIONS

Latest Version: March 20th, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE AFLO WEBSITE (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE) (COLLECTIVELY, THE "SITE"), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with Aflo Co., Ltd. (hereafter Aflo) , its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Aflo for violations of these Site Terms.

Privacy Policy

Aflo is committed to protecting your privacy. Please refer to our Privacy policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

The Site is owned by Aflo. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, video, sound, illustrations, software and the selection and arrangement thereof ("Aflo Content"), is owned by Aflo, its licensors or its third-party image partners. All elements of the Site, including the Aflo Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

The Site and the Aflo Content are intended for customers of Aflo. You may not use the Site or the Aflo Content for any purpose not related to your business with Aflo. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Aflo Content without, or in violation of, a written license or agreement with Aflo; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Aflo Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Aflo product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Aflo Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercializing the Site or the Aflo Content without specific written authorization from Aflo; and (h) using the Site or the Aflo Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

Copyright Infringement Policy

Aflo has adopted a policy of terminating, in appropriate circumstances and at Aflo sole discretion, account holders who infringe the intellectual property rights of Aflo or any third party.

Trademarks

Aflo Trademarks, the Aflo logo, and any other product or service name or slogan contained in the Site are trademarks of Aflo and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aflo or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Aflo" or any other name, trademark or product or service name of Aflo without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Aflo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site 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 us.

Links

You may not use a Aflo logo or other proprietary graphic of Aflo to link to the Site without the express written permission of Aflo. Further, you may not frame any Aflo trademark, logo or other proprietary information, including the Aflo Content, without Aflo's express written consent.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Aflo shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Aflo immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification

You agree to defend, indemnify and hold harmless Aflo, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Aflo Content, or your violation of any rights of another.

Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION AFLO CONTENT, ARE PROVIDED "AS IS" AND AFLO AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. AFLO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE AFLO CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT AFLO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE AFLO CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE AFLO CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Aflo uses reasonable efforts to ensure the accuracy, correctness and reliability of the Aflo Content, but we make no representations or warranties as to the Aflo Content's accuracy, correctness or reliability.

Aflo offers a search feature within the Site. Aflo explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Aflo also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Limitation of Liability

IN NO EVENT SHALL AFLO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE AFLO CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AFLO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO AFLO RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AFLO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AFLO FOR ACCESS TO OR USE OF THE SITE.

Applicable Law

The publication of certain Licensed Content may not be lawful in all jurisdictions. You are responsible for determining whether a particular item of Licensed Content and its use on your Customer Property complies with applicable law.

Termination

Notwithstanding any of these Site Terms, Aflo reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Aflo. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms

Aflo reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our website.

Contact Information

If you have any questions or comments about the Site or Site Terms, you can contact Aflo Image by emailing contact@afloimages.com.