These​ ​Terms​ of Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​the contents of this page carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products or services,​ ​including​ ​the Tristetix membership. We reserve the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Tristetix is a stock photography platform where African photographers, curators and all lovers of art can share, connect, inspire and get inspired by Afrocentric photography.

The Tristetix Membership (The Create Space) is our official membership platform for business owners and creatives to get the support needed to build a profitable business.

These Terms and Conditions (“Agreement”) governs the use of the Tristetix website, blog and membership platform (“tristetix.com platform”) that are made available by Tristetix (“tristetix.com”) including all subdomains. These Terms and Conditions represent the legal agreement between tristetix.com and the individual or entity who makes use of any of our services.
By using tristetix.com (or any of its subdomains), signing up for an account on the Tristetix platform, the Tristetix membership platform, or any taking part in other activity on tristetix.com, you agree and accept these Terms and Conditions. Any participation on this platform will constitute acceptance of this agreement. If you do not agree to abide by the above, you are not authorized to use this platform.

Refunds

We take your investment seriously, and we’d appreciate it if you also took the time and resources we are dedicating to your success seriously too. Due to the digital nature of all our offerings, we do not offer refunds at this time. If you subscribe to any of our subscription plans, you are free to cancel at any time.

There will be no refunds or credits for any unused weeks or months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat all our members equally, there will be no exceptions for any member.

Recurring​ ​Payments

​If you have signed up for any of our subscription plans, You hereby authorize our continued access to your financial information stored by our secure 3rd party financial processing company (Paystack) referenced in this Agreement until you cancel your subscription, as set forth in Your acceptance of the purchase terms upon payment.

All monthly, quarterly and annual plans are auto-billed on a recurring basis according to your payment schedule. Refunds will NOT be given in the event that You do not cancel your membership prior to your renewal date. If You would like to prevent future subscription payments, you may cancel your current plan at any time.  You will continue to have access to the Membership platform and all our services until the end of your current subscription plan, but you will not be billed at the end of the term (if you cancel).

If the payment method you provided is declined in any subsequent payments, we will attempt to process the payment again. If the payment method continues to be declined and an alternate payment method is not arranged, your subscription will be terminated effective immediately and you will no longer have access to the membership platform or any of our services.

Chargebacks

​​You agree to make every attempt to contact us prior to attempting a chargeback with your financial institution. If you attempt or make a chargeback, Your license for the subscription will be revoked and You expressly agree to forfeit your access to the membership platform, as well as any bonuses or other materials afforded to you in exchange for the original purchase of your subscription. We reserve the right to present proof of Your access and these Terms of Use to the financial institution investigating the dispute.

Payment Information

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Tristetix must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Tristetix at the prices in effect when such charges are incurred.

Content License Agreement

This is a legal agreement between you, or your company, firm or other organization (“Licensee” or “You”), and Tristetix, a digital product of Tristetics, (“LICENSOR”).

Please read this agreement carefully before purchasing, downloading or using any content (“Content”) from Licensor, whether from this website or sent to you from our company. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer and to you as a representative of your employer. Your right to use the Content is subject to the terms, conditions and restrictions set forth in this agreement as well as our general “Terms of Use” on our website. By accepting these Terms or by downloading any Content, or by payment of our invoice, or by use of our Content, you agree to be bound by the terms of this Agreement. Content is protected by copyright and other applicable law. Any use of the Content other than as authorized under this License or Copyright Law is prohibited.

We grant our Members a Standard License for all of our photos.

This license is subject to compliance with the terms and conditions of this License, Licensor grants Licensee a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Licensee may use the Content in the creation of additional works and modify, reproduce, transmit, or display the Content as follows:

  • You may use the Content for personal, editorial, or commercial use on a website, online or in print;
  • You may crop, rotate, flip, and/or resize the Content. You may overlay text, screenshots, designs, jpegs or your product on the Content. You may add colour and/or filter overlays, but may not otherwise alter, edit or manipulate the images subject to this Agreement; and
  • You may reproduce the Content for personal or commercial use in digital products including but not limited to, courses, workbooks, ebooks, and other pdfs or downloads where the primary value of the end-product is the content of the digital product, not the design itself.

Conditions of Use for our photos.

The license granted above is expressly made subject to and limited by the following conditions on your use of the Content. The following are conditions of the License and indicate the conditions under which the Content may be used as otherwise provided herein. Any use of the Content other than in conformance with these conditions is outside the scope of the License, and a violation of the Nigerian copyright law (Cap 28, Laws of the Federation of Nigeria). Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

  • Distribution Prohibited. You may not distribute, sell, or sublicense the Content, or any compilation including or derivative work based on the Content, but you may display publicly the Content commercially as part of a publication, compilation, or product. Attribution is not required, but you may NOT claim the Content as your own.
  • Large Scale Advertising. You may not use the Content in any large scale advertising (ex. billboard, magazine cover, etc.) without express written permission from Licensor.
  • Defamatory and Illicit Use. You may not display or distribute the Content in connection with pornography, hate speech, or other illicit content, or in a manner likely to defame, insult, or embarrass the model, original author, Licensor, or other rights holder. The determination of whether any use of the Content violates the restrictions of this Section may be made by Licensor in its sole and absolute discretion. You agree to immediately terminate any such use on Licensor’s request and your access to Licensor’s Content will be immediately revoked.
  • Violation of Copyright and/or Trademark. You may not use, display, distribute, sell or otherwise use the Content in any manner that would violate any applicable copyright or trademark law.
  • Content Incorporation.  You may not incorporate Content into a trade, design, or service mark; business name; or logo.
  • Transfer of  Membership. You may not transfer your membership or login credentials to a third party without written consent from Tristetix.
  • Standalone Files. You may not sell, trade or give away Content as standalone files even if you have modified the design by adding text, graphics, or other design elements without an Extended License.
  • You may not use the Content to market or sell other photography or videography related products, services, workshops, courses, or similar resources whether free or paid.
  • You may not sell or give away any templates as editable templates even if you have customized or made modifications to them.
  • You may not use the templates to create end-products for sale like graphics, planners, or templates where the primary value of the end product is the design even if you have customized or made modifications to them.

Before you purchase our subscriptions or any of our services, you were given due notice that these Terms of Use exist. By moving forward with your purchase of our subscriptions or any of our services, you implicitly agreed and continue to agree to abide by these Terms of Use and any disclaimers and privacy disclosures contained in these Terms of Use.

You agree you are at least 18 years old of age. Access to our membership platform and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to deny our subscription, or any of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of subscriptions or services that we offer. All descriptions of our subscription and service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any subscription plan or service at any time.

We do not warrant that the quality of our subscriptions or services, information, or other material purchased or obtained by you will meet your expectations.

Intellectual Property Rights

Besides User-generated content, under these Terms, Tristetix and/or its licensors own all the intellectual property rights and materials contained on this platform. You are specifically restricted from all of the following:

  • Publishing any material besides any purchased stock photos, from tristetix.com (and any of its subdomains) in any other media
  • Selling, sublicensing and/or otherwise commercializing any tristetix.com (and any of its subdomains) material
  • Publicly performing and/or showing any tristetix.com (and any of its subdomains) material
  • Using the tristetix.com (and any of its subdomains) in any way that is or may be damaging to it
  • Using the tristetix.com (and any of its subdomains) in any way that impacts user access to the tristetix.com platform
  • Using the tristetix.com (and any of its subdomains) contrary to applicable laws and regulations, or in any way may cause harm to the tristetix.com platform, or to any person or business entity
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the tristetix.com (and any of its subdomains)
  • Using tristetix.com (and any of its subdomains) to engage in any advertising or marketing.

Termination

We may terminate, suspend, or modify your account with, or access to, all or part of the tristetix.com (and any of its subdomains), without notice, at any time and for any reason. If you breach any of the Terms of Service, your authorization to use tristetix.com (and any of its subdomains) automatically terminates.
You may discontinue your participation in and access to the tristetix.com platform at any time by deleting your account.

Prohibited Use and Content

By using the tristetix.com (and any of its subdomains), you agree not to:

  • Use the Service for any illegal purpose or in violation of any laws or regulations
  • Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights
  • Upload, post, or publish any User-generated content that is unlawful, defamatory, libellous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
  • Interfere with the security features of the tristetix.com (and any of its subdomains)
  • Interfere with our operations of the tristetix.com (and any of its subdomains) or another user’s use of the tristetix.com (and any of its subdomains)
  • Perform fraudulent activities, such as impersonating another person or lying about your date of birth
  • Reproduce, distribute, publicly display, or publicly perform tristetix.com (and any of its subdomains)
  • Make modifications to tristetix.com (and any of its subdomains)
  • Interfere with or circumvent any feature of tristetix.com (and any of its subdomains), including any security or access control mechanism
  • Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any photos to create a similar or competitive platform or to contribute the photographs to an existing similar or competitive platform
  • Transfer your rights to use tristetix.com (and any of its subdomains) or to view, access, or use any Materials.
  • Assist anyone to carry out any of the listed prohibited items.

Security​ ​and​ ​Assumption​ ​of​ ​Risk

Security

It is Your responsibility to secure your username, password, and all other information used on the Tristetix.com platform (and all its subdomains) from theft or any other means of unauthorized use that would violate these Terms of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through our 3rd party processor: Paystack. By utilizing these payment processors to gain access to our subscriptions, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by Paystack’s payment processor’s applicable terms and conditions of use.

Confidentiality

​​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or legal duty.

Assumption​ ​of​ ​Risk

​By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by the law in the state of Nigeria, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy at www.tristetix.com/privacy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

No warranties

Tristetix.com (and any of its subdomains) is provided “as is,” with all faults, and Tristetix expresses no representations or warranties, of any kind related to the platform or the materials contained on the platform. Also, nothing contained on the tristetix.com platform shall be interpreted as advising you.

Limitation of liability

In no event shall Tristetix (and any of its subdomains), nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of the tristetix.com platform (and any of its subdomains) whether such liability is under contract. Tristetix, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the tristetix.com platform (and any of its subdomains).

Indemnification

You hereby indemnify to the fullest extent Tristetix from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms of Use.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Tristetix is permitted to revise these Terms and conditions at any time as it sees fit. By using the tristetix.com platform (and any of its subdomains) you are expected to review these Terms of Use on a regular basis.

Assignment

The tristetix.com platform (and any of its subdomains) is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Tristetix and you in relation to your use of the tristetix.com platform (and any of its subdomains), and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Nigeria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Nigeria for the resolution of any disputes.