Welcome to PICZANGU. These terms of use govern your access to and use of this website and outline the rules and regulations for the use of our website. Please read the terms carefully and contact us if you have any queries.

DEFINITION OF TERMS

• a. User: The individual or entity accessing, using, or engaging with the services provided by the platform.
• b. Platform: Refers to the PICZANGU website.
• c. Photographer: The professional responsible for capturing and uploading the photos on the platform.
• d. Content: Encompasses all photographic materials, including images, videos, and other visual media, created and provided by the photographer.
• e. User generated content: Refers to materials uploaded by the users in form of feedback, reviews, comments. It may be in the form of writing, images, videos.
• f. Usage Rights: The specific terms and conditions detailing how the user is allowed to use, share, and distribute the photographs, including any restrictions imposed by the photographer.
• g. Payment Terms: The terms and conditions related to the payment for photography services, including fees, invoicing, and any additional costs associated with the provision of photographic content.
• h. Privacy Policy: Our privacy policy can be found here.
• i. Termination: The conditions under which either party may terminate the agreement, including any consequences or responsibilities that arise upon termination.
• j. Indemnification: The user's agreement to indemnify and hold the PICZANGU harmless from any claims, losses, or damages arising from the user's use of the website or violation of the terms outlined in the agreement.
• k. Governing Law: This refers to the Laws of Kenya.
• l. Amendments: The provision allowing the photographer to update or modify the terms of use, with a notification mechanism to inform users of any changes.

1. ACCEPTANCE OF TERMS.

   By accessing and using our website, you accept and agree to be bound by these terms of use. If you disagree with any part of these terms, you must discontinue use immediately. We reserve the right to make changes and/or modifications to these terms of use at any time. An alert will be prompted anytime there is a change in the Terms of use.

2. THE SERVICE.

   PICZANGU is a website that gives photographers a platform to share the photos they have taken with their subjects. We shall utilize an AI face recognition software that will enable you to spot your faces from a sea of photos whenever you would like to purchase their photos. When utilizing the PICZANGU services, you will be charged for purchasing photos.

3. FEES AND PAYMENT.

   All photographs on the website shall be on sale. The fee payable for every photograph shall be indicated. You agree to provide current, complete and accurate purchase and account information for all purchases made on the website. You further agree to promptly update your account and payment information, including email address, payment method, so we can complete your transaction and contact you as needed. You agree to pay all charges or fees at the price then in effect for your purchases, and you further authorize us to charge your chosen payment provided for any amounts upon making your purchase. The offered payment methods shall be M-pesa.

4. USER ACCOUNT.
   1. You are responsible for maintaining the confidentiality of your account credentials.
   2. You agree to provide accurate and up-to-date information during the registration process.
   3. You are solely responsible for all activities that occur under your account.
5. USER CONTENT.

   By uploading photos to PICZANGU, you grant PICZANGU a non-exclusive, worldwide right to make the photos available for sale. You are solely responsible for the photos you upload and any consequences that may arise from them.

6. PERSONAL INFORMATION.

   Your submissions of personal information through the website shall be governed by our privacy policy.

7. LICENSE TO USE.

   We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website solely for your personal and non-commercial use.

8. INTELLECTUAL PROPERTY.

   All content on this website, including but not limited to images, text, graphics, logos, and software, is the property of our company or its content suppliers and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.

9. USER-GENERATED CONTENT.

   By uploading or sharing any content on our website, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user-generated content in connection with the website and our business. When you create or make available any content, you thereby represent and warrant that:

   1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
   2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your content in any manner contemplated by the Site and these Terms of Use.
   3. You have the written consent, release, and/or permission of each and every identifiable individual person in your content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your content in any manner contemplated by the Site and these Terms of Use.
   4. Your content is not false, inaccurate, or misleading.
   5. Your content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
   6. Your content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
   7. Your content does not ridicule, mock, disparage, intimidate, or abuse anyone.
   8. Your content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
   9. Your content does not violate any applicable law, regulation, or rule.
   10. Your content does not violate the privacy or publicity rights of any third party.
   11. Your content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
   12. Your content does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
   13. Your content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
   14. Your content does not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
   15. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

10. PROHIBITED ACTIVITIES.

    You must not engage in any of the following activities:

    1. Using the website in any way that may cause damage to the website or impair the availability or accessibility of the website.
    2. Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website.
    3. Using this website to engage in any advertising or marketing.
    4. Using the site or its content for any unlawful purpose.
    5. To solicit others to perform or participate in any unlawful acts.
    6. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
    7. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    8. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    9. To submit false or misleading information.
    10. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/mobile application, other website/mobile applications, or the Internet.
    11. To collect or track the personal information of others.
    12. To spam, phish, pharm, pretext spider, crawl, or scrape.
    13. For any obscene or immoral purpose.
    14. To interfere with or circumvent the security features of the Service or any related website/mobile application, other website/mobile applications, or the Internet.
    We reserve the right to terminate your use of the Service or any related website/mobile application for violating any of the prohibited uses.

11. LIMITATION OF LIABILITY.

    In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of any kind arising out of the use of or inability to use the website.

12. CANCELLATION & REFUNDS.

    All purchases are non-refundable. Once you have paid and downloaded the picture purchased, PICZANGU shall not process any refunds.

13. THIRD PARTY LINKS.

    Websites Our website may contain links to third-party websites or services that are not owned or controlled by PICZANGU. The third party links may redirect you third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not be liable or responsible for any third party materials or websites, mobile applications, products, services or other materials of third parties. We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party website or mobile application. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.
    • Non-Confidentiality of Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property.
    • Ownership of Submissions: We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • Waiver of Moral Rights: You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
    • Content Monitoring: We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    • Comments Guidelines: You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website/mobile application.
    • Identity and Responsibility: You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. CHANGES TO TERMS OF USE.

    We reserve the right to modify or replace these terms of use at any time. Your continued use of the website after any such changes shall constitute your consent to such changes.

16. INDEMNITY.

    PICZANGU, including but not limited to its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees are not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website. You agree to indemnify them and hold them harmless from any claim or demand, including legal fees made by any third party due to or arising out of your breach of these terms of use. All photos uploaded on the website will be presumed to have been taken and uploaded with the consent and knowledge of the subject/owner.

17. SEVERABILTY.

    In the event that any provision of these terms of use is determined to be unlawful, void or unenforceable, such provision shall be nonetheless be enforceable to the fullest extent permitted by the law and the unenforceable portion be deemed to be severed from the terms of use. Such determination shall not affect the validity and enforceability of any of the remaining provisions.

18. TERMINATION.

    The Company reserves the right to terminate your right to access or use of the site for any violation of these terms. Where required by law, we shall provide you with a written notice citing the grounds for your termination of use. You may also terminate or delete your account at any time.

19. GOVERNING LAW.

    These Terms of Use are governed, enforceable and construed in accordance with the laws of Kenya as read together any and laws, rules and regulations that Kenya is subject to.