Terms and Conditions.

These Terms and Conditions (“General Terms”) govern the access or use by you from the territories you situate from. By accessing this website, you agree to be bound by these General Terms, please read them carefully. If you do not agree to be bound by these terms you should not access or view this website.

The Services

The Services constitute a digital platform created by Ogilvy Africa (“Ogilvy” or “We”) designed specifically for African women in the creative industry, offering a space to showcase your work connect with like-minded professionals and access career opportunities. Unless otherwise specifically written in a separate agreement, these services are solely for personal use and business use.

License

Subject to your (“You”) compliance with these General Terms, we hereby grant you a limited, non-exclusive license, non-sublicensable, revocable, non-transferable license to access and use the website and software that we make available to you.

Intellectual Property

We (and our licensors, as applicable) remain the sole owner of all rights, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Terms.  

Your Content

You shall own and retain all rights to your content (“User Content”).

You grant us a non-exclusive, worldwide, royalty free  irrevocable, transferrable and sublicensable right  to your user content to reproduce, distribute, create derivative works, publicly display, sublicense and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter developed without further notice to you or consent from you  or payment to you or any other person or entity.

You represent and warrant that you are the original owner of the User Content, and such content shall not infringe any patents, copyrights, trademarks, trade secrets or other intellectual property rights or violate the right of privacy, publicity or other rights of any third party, nor has any claim of such infringement or violation been threatened or asserted against you or others.

You represent and warrant that you shall not use AI generated content.

The Service may provide features that allow you to share your content with other users making it public. We are not in a position to monitor what others do with your content. Please be careful with the content you share as you shall be held responsible for what you share.

Account

As a personal User or Business User, you are required to be 18 years of age and above for you to access the Services. You shall be responsible for all activity that occurs via your account.

All access to the Services shall utilize Multi-factor Authentication consisting of more than a “user ID + password” combination including one-time passwords.

Indemnity

You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors, against all claims, proceedings, damages, costs, expenses and losses whatsoever and however arising as a result of any negligent or willful act or omission to your content and use of the Services.

Limitation of Liability

We shall not have any liability for you in respect of any special, incidental, indirect, or consequential, moral, exemplary or punitive damages whatsoever.

Nothing in this Agreement shall limit or exclude either Party's liability under or in connection with this Agreement (i) for death or personal injury caused by negligence, (ii) for fraud or fraudulent misrepresentation or (iii) for any liability which may not be excluded or limited as a matter of law.

Our Limit on liability shall be limited to USD 100.

Termination

Either Party may terminate subscription to the Services at any time.

Termination by us shall be as a result of breach of these General Terms by you.

Force Majeure

No Party shall be deemed to be in breach of these General Terms for any delay in performance or any non-performance due to any event that is beyond the reasonable control of the either Party, including without limitation such events as war, pandemics, industrial action, floods or Act of God, other hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo outbreaks of infectious disease or any other public health crisis, rebellion, revolution, insurrection, military or usurped power and civil war; riot, commotion or disorder un-navigable storm or tempest at sea.

Fees and Payment

You shall be responsible for payment of all applicable taxes’ payables on the fees under the Services.

You authorize and consent to the processing and the storing of your bank details for the payment of fees under the Services.

Governing law

These terms and conditions shall be governed by the laws of England and Wales.