SECTION I: LICENSES RELATING TO VISUAL CONTENT

Makifaa hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content internationally, in perpetuity, to the fullest extent permitted by the applicable license and subject to the restrictions set forth herein:

LICENSES FOR IMAGES

A STANDARD LICENSE FOR IMAGES grants you the right to use the Images:

• As a digital reproduction, including on websites, in online advertisements, on social networks, in advertisements on mobile devices, mobile applications, software, e-cards, electronic publications (eBooks, webzines, blogs, etc.), email marketing and in online media (including on video sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budgetary limitations set out in subparagraph I.a.i.4 below);
• Physical version printed for product packaging and labeling, letterheads and business cards, point-of-sale advertisements, CD and DVD covers, or in advertising and copying of physical media, including magazines, newspapers and books, provided that no Image is reproduced more than 500,000 times in total;
• As part of an outdoor advertising campaign, in particular on billboards, street furniture, etc., provided that the targeted audience for such a campaign is less than 50,000 gross impressions;
• Incorporated in films, videos, television series, advertisements or other audiovisual productions intended for distribution via any media now known or hereafter developed, regardless of the scale of the audience, provided that the budget of such production does not exceed USD 5,000;

For your personal and non-commercial use (not for resale, downloading, distribution, or any other commercial use).

A PLUS LICENSE FOR IMAGES grants you the right to use Images (these rights are in addition to those in points 1 to 5 above and relate exclusively to Plus licenses for Images):

• In any manner permitted under the Standard Image License, without any limitation on number of reproductions or prints, or budget;
• Embedded in commercial use products intended for promotional sale or distribution (collectively “Commercial Use Products”), including, without limitation, textiles, designs, magnets, wall art, calendars, toys, stationery, greeting cards and any other physical reproduction intended for resale or distribution, provided that such commercial use products incorporate functional or creative material elements other than the Image(s);
• In wall art (and without requiring other functional or creative elements) for the purposes of decoration in a commercial space owned by you or your client, not for sale;
• Integrated as elements of digital models for sale or distribution.

VIDEO LICENSES

A STANDARD LICENSE FOR VIDEOS grants the Client the right to use the Videos:

• in a multimedia production displayed or distributed on the web, on social networks, using “Applications”, or distributed in accordance herewith (see restrictions applicable to distribution limits), provided that the audience for such production is less than 50,000, provided that the use of the Video in a multimedia production distributed by a broadcast platform, a cable network, an OTT video service or in movie theaters is expressly prohibited under this license, regardless of audience size;
• In relation to a live performance, provided that the audience for such performance does not exceed 50,000 people;
• On websites.

A PLUS LICENSE FOR VIDEOS grants the Client the right to use the Videos:

• in a multimedia production displayed or distributed on the web, on social networks, using so-called “Applications”, and expressly including the right of distribution through broadcast, cable network and over-the-top video services or in movie theaters, without limitation on audience size;
• as part of a live performance, with no limit on audience size;
• in digital models intended for resale, for a maximum of 500 licenses of such digital models;
• on websites

• A LICENSE FOR VIDEO MODELING grants you the right to use as mock-ups (the “Video Mock-up”) low-resolution Videos with watermarks only in test montages, mock-ups, samples or tests. The Video Artwork Licenses do not permit you to display or distribute to the public or incorporate such Videos into final media. The Video Mockup can be edited, but you cannot remove or modify the Makifaa watermark. The Video Mockup is available with a license under the Video Mockup license at the time of downloading as a Video Mockup, but Makifaa does not guarantee and has no obligation to ensure the availability of the license for the Video Mockup at any time thereafter.
• EDITORIAL LICENSE
  • AN EDITORIAL LICENSE authorizes a single, editorial use of an element of the Editorial Content, for distribution on an international scale without duration limits.
  • A “Single Use” under this license allows you to use Editorial Content in a single context (for example a report, a blog post, a publication page), only once, as long as you have the right to distribute it in this context of use on an unlimited number of media and distribution channels. For example, editorial content used to illustrate a printed article can be reused in a blog, on social networks, etc. provided the context is the same as the article originally printed. An additional license is required for any use in a context other than that of the original printed article.
  • “Editorial use” under this license corresponds to use for descriptive purposes in a context of media or human interest and expressly excludes commercial uses such as advertising or merchandising.
  • Any use of Editorial Materials licensed hereunder is subject to the express restrictions set forth in Section I.4 (prohibiting any use broadcast by television/cable/OTT video service, on publication covers, or in print runs of more than 50,000), as well as any “special restrictions” (e.g., geographic or usage restrictions for specific industries) indicated on the image detail page and/or included in the metadata associated with an item of Editorial Content.
  • All Editorial Content is considered “For Editorial Use Only” under these Terms.
  • Certain Editorial Content cannot be licensed on the Makifaa website and may not be available with all subscriptions. You agree that the editorial content that can be associated with a license is subject to change at any time and that you are not authorized to request the association with a license of a particular element of the Editorial Content. If you wish to license Editorial Content that cannot be licensed on the Website, please contact customer service.
• RESTRICTIONS ON THE USE OF VISUAL CONTENT YOU MAY NOT: 
  • • Use the Visual Content in any manner other than that expressly defined by the license you purchased for such Visual Content.
      • in a context related to pornography, “adult videos”, adult entertainment venues, escort services, dating services, or others;
      • in a context linked to the advertising or promotion of tobacco products;
      • in a political context, such as promotion, advertising or support for a political party, a candidate, an elected representative or in connection with a political strategy or an opinion;
      • as suffering from, or under treatment for, a mental or physical condition; OrPortraying a person in Visual Content (a “Model”) in a manner that a reasonable person would find offensive, including, but not limited to, depicting a Model:
      • engaging in criminal or immoral activities.
    • Use Visual Content in a pornographic, defamatory or misleading context, or in a manner that could be considered defamatory, obscene or illegal.
    • Edit Visual Content marked “Editorial Use Only” in a way that changes the context of what is depicted.
    • Use Visual Content marked “Editorial Use Only” (including, but not limited to, Editorial Content) for commercial purposes, including for reference, in advertisements, commercial products, or other contexts that are not editorial.
    • Resell, redistribute, provide access to, share or transfer Visual Content, except as specifically provided herein. For example and without limitation, the foregoing prohibits the display of Content as, or part of, a “gallery” of content through which third parties may search and select such content.
    • Use any Visual Content in a manner that infringes any trademark or intellectual property of a third party, or which could give rise to a claim for misleading advertising or unfair competition.
    • Use Visual Content (in whole or in part) as a trademark, service mark, logo or other indication of origin, or as an integral part thereof.
    • Falsely, explicitly or otherwise misleadingly claim that Visual Content was created by you or a person other than the copyright holder of such Visual Content.
• VIDEOS SPECIFIC RESTRICTIONS Use still images captured from a Video for purposes other than marketing, promotion and advertising of your derivative works that integrate the Video into context.
• RESTRICTIONS SPECIFIC TO EDITORIAL CONTENT
  • Use Editorial Content in a media production distributed via broadcast television, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), in movie theaters, or in related promotional materials.
  • Use Editorial Content on a publication’s cover, dust jacket, or other packaging associated with the underlying use.
  • Use Editorial Content in a publication with a circulation of more than 50,000 copies.
• SOURCE AND COPYRIGHT NOTICES
  • Use of Images and Videos in connection with news reporting, commentary, editing or any other “editorial” context must be accompanied by an adjacent attribution to the contributor Makifaa and Makifaa, substantially in the following form: “Artist Name/Makifaa.com”
  • Editorial sources must be named as follows: “Name of artist/Agency/Makifaa”
  • In commercially reasonable situations, the use of Images or Videos in Commercial Products or audiovisual production must be accompanied by a notice to Makifaa in a form substantially consistent with the following: “Image(s) or Video(s) (if applicable) used under license from Makifaa.com”
  • Credits to sources are not required for any other use of the Images or Videos, unless other content provided is provided with credit in the same use. In other words, attribution is mandatory for Editorial Content.
  • In all cases, author attributions and source attributions must be of a size, color and scale that allows them to be read clearly and easily with the naked eye.

SECTION II: LICENSES FOR MUSIC

For the purposes of Part II of these T&Cs, the conditions below will have the following meaning:

• “Advertising” means a Production whose duration is less than three minutes, and broadcasting a non-personal and obviously sponsored message with the aim of promoting or selling a product and/or service.
• “Entertainment Production” means a Production that is not an Advertisement and is designed for entertainment purposes.
• “DVD” means any hardware media now or hereafter designed, including but not limited to DVDs and Blu-ray Discs, on which the Production is recorded and which can be accessed through a DVD or Blu-ray player or other hardware capable of playing such hardware media.
• “Production” means: (i) one (1) audiovisual project in which Licensed Music is synchronized on a timed basis with moving or still images; or (ii) one (1) audio-only project in which Licensed Music is synchronized with narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use covering “simplified” versions thereof).
• “Licensed Music” means music made available as part of the Content and accessible via https://www.makifaa.com/search.
• “Personal Use” means, in relation to a Production distributed via a Video Sharing Platform, a Production in respect of which an amount less than USD 2,499 has been spent (in total) in the promotion, advertising and/or marketing of such Production.
• “PRO-free music” means licensed music selections labeled “PRO-free”.
• “Websites” means any online access (via a web browser and not, for all purposes, by means of an application), excluding Social Media Platforms (and any similar or analogous platform not expressly referred to herein);
• “Social Media Platforms” means Instagram, Facebook, Twitter, Twitch TikTok and any other platform designated by Makifaa in its sole and absolute discretion.
• “Television” means any linear television programming distributed via broadcast, satellite, “IPTV” and/or cable television, but specifically excludes video-on-demand services (e.g., Netflix, Hulu, Amazon, Disney+, Apple+ and other similar or analogous services);
• “Video Sharing Platform” means YouTube (www.youtube.com), Vimeo (www.vimeo.com) and any other web-based video sharing platform designated by Makifaa in its sole and absolute discretion.
• “Pilot” means a Production whose duration cannot exceed 44 minutes and constituting the first episode of a potential series;
• “Public Broadcaster” means an organization for broadcasting television programs financed mainly by a government and/or support from viewers, on a non-profit basis;
• Podcast Distribution Platform” means any online portal through which it is possible to access, broadcast and/or download podcasts.
• “Student Project” means, with respect to any Production, or any other use authorized herein (other than Advertising), any use of a non-commercial nature carried out by a student as part of a course within an accredited educational institution.
• “Theatrical Use” means any distribution in commercial cinemas;

MUSIC LICENSES
Makifaa grants you the non-exclusive and non-transferable right to synchronize the Licensed Music in a Production, which Production may be distributed internationally, in perpetuity, in accordance with the license you have acquired (of the two types of license detailed below) and subject to the restrictions provided in Part II, Section 3 hereof:

• STANDARD MUSIC LICENSE
  A “Standard Music License” grants you the following rights and benefits (for all purposes, all rights and benefits described in the Plus License are expressly excluded from the Standard Music License):
  • The non-exclusive right to synchronize Licensed Music on a chronological basis with a Production distributed or made available or hosted via: Websites; Social Media Platforms; Video Sharing Platforms, provided that such distribution is for Personal Use only; Podcast Distribution Platforms, but only for the purposes of audio Productions only, in the form of a podcast.
  • Use in Rooms, but only for Student Projects
  • the non-exclusive right to reproduce and perform Licensed Music in and in connection with similar plays and public performances, solely to the extent that they are Student Projects.

• MUSIC LICENSE PLUS :
  A “Plus License” grants you the same rights as a Standard Music License, as well as a non-exclusive right to synchronize Licensed Music on a timed basis with a Production, including all forms of Advertising, distributed via:
  • Television, in a single country, provided that any distribution of an Entertainment Production via Television is limited to a Pilot only; or whether it is Television ordered and available only via a Public Broadcaster;
  • Radio, in a single country;
  • physical points of sale, trade shows, in-store displays and industrial events, provided, in all cases, that said use is limited to a single country;
  • DVD, without exceeding 1,000 copies;
  • computer software applications (including all mobile applications, “apps” and video games), but not exceeding 1,000 copies or downloads (in total).
• LICENSE FOR MUSIC MODELS
  a Music Mockup License grants you the right to synchronize watermarked Music only in tests, samples, mockups or test cuts associated with a Production. The Model License expressly prohibits the distribution of the Music to the public in any form or the incorporation of the Music into final media. You cannot remove or modify the Makifaa watermark from Music under any circumstances.
• RESTRICTIONS ON THE USE OF MUSIC.

  VOUS NE POUVEZ PAS:

  • Concéder en sous-licence, revendre, louer, céder, donner ou transférer ou distribuer par un autre moyen à un tiers la Musique sous Licence ou le droit d’utiliser la Musique sous Licence de manière séparée et distincte de la Production dans laquelle (selon votre licence) elle est intégrée;
  • Resell, redistribute, provide access to, share or transfer any Licensed Music, unless specifically provided for in these conditions;
  • Manufacture, distribute, sell or otherwise exploit “recordings”, CDs, mp3 files and any other sound-only audio products that incorporate the Licensed Music, other than the sound-only Production expressly described in the definition of “Production” above. For the purposes of this subsection, the term “recordings” applies to all forms of reproduction, now or hereafter produced, manufactured or distributed primarily for home, school, jukebox use, consisting exclusively of sound (excluding synchronized media);
  • Use the Licensed Music in connection with other content that is pornographic, defamatory, offensive, obscene, immoral or illicit, or violates the rights of third parties;
  • Violate any export laws, regulations or restrictions by sending, transferring or exporting the Music to any country in violation of any export laws, regulations or restrictions;
  • Use, sell, sublicense, reproduce, distribute, broadcast, incorporate into a work or otherwise make available all or part of the Licensed Music in a music library or in the form of downloadable files, or include the Licensed Music or any derivative work incorporating the Licensed Music in any other royalty-free product, library or collection;
  • Mix, remix or otherwise alter the Licensed Music. However, you can carry out basic editing of Licensed Music (for example define start/stop points, fades, etc.) in connection with the exercise of the rights attached to the license granted under this contract;
  • Use the Licensed Music in a purely audio Production in which the music is the primary content.
  • Except for Non-SPRD Music, in the event that public performance licenses are required for your use of the Licensed Music authorized under this TOS, you will assume full responsibility for obtaining such licenses at your sole expense. Notwithstanding anything to the contrary in these Terms of Service: (a) where the laws of any jurisdiction require you to obtain licenses from copyright exploitation companies or similar entities for or in connection with the activities otherwise authorized under this TOS, and this in order to avoid any infringement or violation of the rights of third parties, you will assume sole responsibility for obtaining and paying for such licenses at your sole expense; and (b) this Agreement does not include any so-called “moral” or other similar rights. You will ensure that you fully and accurately complete “edit sheets” with the appropriate performing rights organization(s) and provide a copy of each such edit sheet to Makifaa by email at [email protected]. This obligation will apply to all Licensed Music other than Music without SPRD.
  • Notwithstanding the foregoing or anything to the contrary herein, and with respect to Music without SPRD, you acknowledge and agree that nothing herein shall prevent Makifaa from making any request for sharing of funds from black boxes or any other funds paid or owed by any collection agency or by means of any general distribution, depending on the country. In addition, in the event that any Music without SPRD is publicly performed (or made available for performance purposes) by an entity participating in an exhibition or other transmission of programming (each, a “Downstream Distributor”), and such exhibition results in the payment by such Downstream Distributor of commissions or royalties to a performance rights management organization in any jurisdiction nothing herein shall prevent Makifaa from filing a request for sharing of said sums, it being understood that, where a Downstream Distributor is not authorized to perform Music through a license by any performance rights management organization, the use of Music without SPRD integrated into a Production distributed, exhibited and/or transmitted by said Downstream Distributor will be deemed to be directly licensed, and there will be no obligation (created herein) towards said Downstream Distributor to obtain a license from any performance rights management organization with respect to said use.
  • You may publish Productions incorporating Music on third-party “user-generated” content distribution platforms (e.g., YouTube) (each, a “UGC Platform”). You may not claim ownership of the Music or otherwise record any Music on a UGC Platform, even if it is synchronized with your own Production. If you become aware that a third party claims ownership interests in any Music, you agree to promptly notify Makifaa of each such claim.
  • In the event of integration of the Music in a type of Production for which copyright notice is customary, you will mention the credits in the following form: “[Title of the song] performed by [Artist], used with a license provided by Makifaa”

SECTION III: ADDITIONAL CONDITIONS

• Unless required by law, under no circumstances will Makifaa be required to provide refunds. All fees are non-refundable, even if your subscription ends before it expires. You authorize Makifaa to charge the full subscription fee for the period agreed to at the time of purchase. If Makifaa determines that you are entitled to receive a refund for some or all of the amounts you paid, such refund may be made to the payment method you originally used to make your purchase.
• Once your plan expires, it will automatically renew with the same conditions as your initial plan purchase. You can turn off auto-renewal at any time before renewal in your account settings. You expressly grant Makifaa the right to charge for each automatic renewal until you have timely turned off automatic renewal.
• The fees invoiced by Makifaa are exclusive of taxes, and said taxes, direct or indirect, will be in addition to the fees applicable to the products you purchase. If Makifaa is required to collect certain indirect and/or transactional taxes (e.g., sales tax, value-added tax, goods and services tax and others) under the laws of your state or country of residence, you are required to pay such indirect taxes. If you or Makifaa are required to collect or remit direct or indirect taxes, you may be required to assess the relevant tax yourself under the laws applicable in your country of residence.
• The expression “non-transferable”, or non-transferable used herein means that, except as expressly provided in these T&Cs, you may not sell, rent, lend, give, sublicense or otherwise transmit to anyone Content or the right to use Content. However, you may make a one-time transmission of the Content to a third party, for the sole purpose of enabling that third party to print and/or manufacture your goods incorporating the Content in accordance with the terms and conditions herein. If you become aware that a social media website is using Materials in a manner that exceeds your license rights hereunder, you agree to remove any derivative works incorporating Materials from such Social Media Site, and to immediately notify Makifaa of each such use by such social media website. You agree to take all commercially reasonable measures to prevent third parties from reproducing Content. If you become aware of any unauthorized reproduction of any Content, please contact customer service.
• Upon receipt of notice from Makifaa, or if you become aware that any Content is the subject of an actual or potential claim of infringement, violation of another right, or any other claim for which Makifaa may be responsible, or if Makifaa deletes the Content due to a perceived commercial risk, in Makifaa’s sole discretion, and notifies you of such deletion, you must delete the Content from your computer systems and storage devices (electronic or physical). and, if possible, you must cease any further use of the removed Content at your own expense. Makifaa will provide you with similar Content (the similarity of which will be determined by Makifaa, in its reasonable commercial judgment) free of charge, but subject to the general conditions of these T&Cs.
• If you use Content as part of a work product created for or delivered to a customer, you will provide the identities of those customers to Makifaa, upon Makifaa’s reasonable request.
• Arbitration.
  • Any claim or dispute relating to these Terms or a violation thereof shall be submitted to binding individual (non-class) arbitration governed by the Lomé Commercial Arbitration Rules in effect on the date the arbitration commences, rather than in court. The judgment rendered by the arbitrator(s) may then be subject to the jurisdiction of any court having authority over the award, the parties or their property. The arbitration procedure will take place in Lomé. The arbitration will take place in French. An arbitrator will be appointed by mutual agreement of the parties. Each party will bear its own arbitration costs. Both parties acknowledge that the following claims are exceptions to the Arbitration Agreement and will be asserted in a proceeding in a court of competent jurisdiction: (i) any claim regarding actual or threatened infringement or misappropriation of a party’s copyright, trademark, trade secrets, patents or other intellectual property rights; (ii) any claim seeking urgent injunctive relief based on urgent circumstances (e.g. imminent danger or criminal act, hacking or cyber attack); (iii) any claim arising solely from an alleged inability of the Customer to pay fees owed to Makifaa. This arbitration provision shall survive any termination of this TOS.
  • YOU AND MAKIFAA AGREE TO BRING CLAIMS AGAINST THE OTHER PARTY ONLY ON YOUR BEHALF OR IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CLASS ACTION. In the event of a disagreement between you and Makifaa, no arbitrator or judge will consider claims made by more than one individual or preside over any form of a class or collective action. The arbitrator will only take injunctive relief in favor of the individual claimant. These will only allow us to respond to the complaint made by this individual. You and Makifaa acknowledge and agree that all disputes relating to these Terms may be arbitrated by a jury in a court case.
  • If a court decides that applicable law is contrary to the application of any of the limitations described in Part V, Section 7 to a particular claim subject to relief, that claim (and only that claim) will be handled separately from the arbitration and may be brought in court.
• Neither party may assign this Agreement without the prior written consent of the other party, although Makifaa may assign this Agreement to a subsidiary, an affiliate of the Makifaa group, the entity resulting from a merger or other restructuring involving Makifaa or an entity that acquires all or substantially all of the assets or share capital of Makifaa.
• These T&Cs shall not be interpreted as being against or in favor of either party, but according to their fair meaning in the language in which they are provided. These Terms are governed by the law of the applicable jurisdiction set out in paragraph 5.24 and shall be construed accordingly, without regard to conflict of law provisions.
• If you accept these Terms on behalf of your employer or another entity, you warrant and represent that you have full powers and rights to do so. If you do not have this authority, you agree to assume personal liability to Makifaa for any violation of the provisions of these T&Cs. You hereby grant Makifaa a limited, non-exclusive, worldwide license to use your trademarks in Makifaa promotional materials, including a public customer list. Makifaa’s use of your trademarks must at all times be consistent with the then-current trademark use policies as made available to Makifaa and must at all times benefit you. Makifaa also agrees to make reasonable commercial efforts to cease any particular use of your registered trademark no later than thirty (30) days after the date Makifaa receives the request you made by e-mail to [email protected] .
• The number of Content downloads you can make depends on the product you purchase. For the purposes of these T&Cs, a day constitutes a period of twenty-four (24) hours which begins at the time of purchase of your product. A month constitutes a period of one calendar month that begins on the day of purchase and ends on the date, whichever of the following occurs first: (i) one month to the day after your purchase or (ii) the last day of the following month. For example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, it will renew on September 30.
• Unless otherwise stated on the coupon, any coupon or discount code applied to a purchase hereunder will only apply to the first payment made in connection with that purchase.
• If any provision of these T&Cs is declared invalid or unenforceable from a legal or regulatory point of view by a competent court, such finding will only be limited to the invalid or unenforceable section, without affecting the other sections of such provision, or any other provision of these T&Cs, so that these T&Cs remain in full force and effect.
• You expressly acknowledge that any comments communicated to you by Makifaa or its representatives regarding any questions you may have regarding these T&Cs or your use of the Content licensed hereunder, are made solely for the purposes of interpreting these T&Cs and do not constitute legal advice. Makifaa is not able to give you legal advice and expressly disclaims any liability whatsoever with respect to comments communicated by Makifaa or its representatives.
• It is expressly understood and agreed that these T&Cs are established solely for the mutual benefit of the parties herein and no benefits, rights, duties and obligations are provided for by these T&Cs regarding third parties.
• In the event that you violate the terms of this agreement or any other agreement with Makifaa, Makifaa will have the right to terminate your account without notice, in addition to Makifaa’s other rights at law and/or equity. Makifaa is not required to refund any fees paid by you in the event that your account is terminated for a violation.
• Except as explicitly stated otherwise in the applicable sections herein relating to licenses and warranties, Makifaa grants no rights and makes no other warranties. Makifaa only has owner or model releases when expressly stated on the Makifaa website.
• Makifaa’s liability under any individual license purchased under the terms hereof will not exceed the “Limitation of Liability. Except as specifically provided in Section III hereof, in no event shall Makifaa’s total liability to you or any third party making a claim through you, attributable to or relating to your use of or inability to use the Makifaa Websites and/or the Materials therein (whether in contract, tort or otherwise), exceed the amount received by Makifaa from you for the applicable Content license.” applicable to the license in force at the time you knew or should have known of the claim, regardless of the number of times you license or use the Materials.
• Neither Makifaa nor any of its officers, employees, officers, members, shareholders, directors or suppliers will be liable to you or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or for lost profits or any other damages, costs or losses arising from your use of the Materials, a breach of this agreement by Makifaa, or otherwise, except as expressly provided herein, even if Makifaa has been advised of the possibility of such damages, costs or losses.
• Except as expressly provided in Section III, all Content is provided “as is” without warranty of any kind, express or implied, including without limitation, any implied warranty of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional permissions if the Content is modified or used in a particular context. If you make such modifications or use the Materials in such a context, you are solely responsible for obtaining any additional required approvals.
• Makifaa does not warrant that the Visual Content, Makifaa websites or other materials will meet your requirements or that the use will be uninterrupted or error free. You alone assume all risks as to the quality, performance and use of the Content.
• In the event that you use fraudulent credit card information to open an account or otherwise participate in criminal activities affecting Makifaa, Makifaa will immediately file a complaint with the Internet Crime Complaint Center.