Terms and Conditions
Introduction
The website www.amaka.studio (“website”) is owned and operated by AMAKA Studio Ltd (“we”, “our” and “us”), a company incorporated in England and Wales under company registration number 12815440. Our registered office is 15 High Street, Brackley, Northamptonshire, England, United Kingdom, NN13 7DH
These terms of use (“Terms of Use”) (together with the documents referred to in it) apply to the use of our website, regardless of how you access it. Please read these Terms of Use carefully before you proceed.
Please also read our privacy policy ("Privacy Policy") which explains how we will use any information about you that we receive and our cookie policy (“Cookie Policy”). The Privacy Policy and the Cookie Policy form part of these Terms of Use.
We may, at any time and without notice, terminate your access to or use of this website. If we do so, you do not have the right to bring any claim or claims against us.
To contact us, please email info@amaka.studio.
Consent to Terms of Use
By using this website you accept, and agree to abide by these Terms of Use.If you do not agree to these Terms of Use, please do not use this website. These Terms of Use were last updated on the date shown at the end. We may change these Terms of Use at any time by posting an updated version on our website, so you may wish to check it before using this website.
Prohibited Uses
You may only use this website for lawful purposes. You may not use this website:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to interfere with any other user’s use or enjoyment of the website;
- to prescribe treatments to other users;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
and/or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Intellectual Property Rights
Unless expressly stated otherwise, user contributors own the intellectual property rights to the content they create and upload to the website, except for content that is directly commissioned by AMAKA Studio Ltd. For content directly commissioned by AMAKA Studio Ltd, the intellectual property rights will be owned by AMAKA Studio Ltd.
Unless we expressly state otherwise, the content of the website (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to the website) (the "Content") is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. We (and/or our licensors) own the Content. Nothing in these Terms of Use grants you a right or licence to use any content owned by us or our licensors except as expressly provided in these Terms of Use.
You may not use any of the material on this website without our prior written permission for your own commercial purposes, whether by reproducing, duplicating, re-selling, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise.Subject to strict compliance with these Terms of Use, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use the website and to view, download for caching purposes only, and print pages from the website for your own personal non-commercial use.
Platform Payment Standards
We take a 10% commission from users' earnings through AMAKA Gigs.
We charge a 5% payment fee from businesses when they commission a creator (a user) through AMAKA Gigs.
We take a 15% commission on Creator subscriptions.
For clarification disbursements to you will be as agreed between you and the commissioning company.
Registration
Certain parts of our website may require you to register and provide certain information about yourself and where you do this you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data");
- and maintain up-to-date Registration Data to keep it true, accurate, current and complete.
Our use of Registration Data and certain other information about you is subject to our Privacy Policy.
When you register on our website, you will be given a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to info@amaka.studio and ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Financing
As part of our efforts to continually improve our services, we are pleased to be working with a third-party to offer our users access to funding. We can’t offer financing services ourselves, because we are not a financial institution, so we have teamed up with financing company Oakwood Green Africa Limited (“Financing Company”) to help you find the right funding for your business goals.
For clarity, we earn revenue from the Financing Company if you take out financing with them but that does not mean you pay more. The costs will be the same if you went directly to them.You can check if you would be eligible for funding through us and if eligible, you will be redirected to the Financing Company’s platform to apply. By clicking the link to proceed with the Financing Company you acknowledge that you are leaving our platform and our terms and conditions do not apply to the Financing Company.
You agree and acknowledge that we do not have any legal responsibility with respect to applications made with the Financing Company.
You agree you will carry out the necessary due diligence to ensure that the terms and conditions of the funding through the Financing Company is suitable and appropriate for your needs. You agree that we are not liable in the event of any negligence, claims, acts or omissions by the Financing Company and any agreement with the Financing Company is between you and the Financing Company and we bear no responsibility.
Contribution Standards
These contribution standards apply to any and all material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our website by any user (“User Contributions“), and to any interactive services associated with it. The standards apply to each part of any User Contribution as well as to its whole and you must comply with the spirit of the following standards as well as the letter. You warrant that User Contributions that you upload to the website comply with these standards, and you indemnify us for any breach of that warranty.
Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- and/or comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material or violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trademark or other intellectual property rights of any other person;be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- contain contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures which compromises the privacy or security of anyone other than yourself;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- place any links on the website where those links take users to unlawful material or material that otherwise contravenes these contribution standards;
- place on the website advertisements nor make commercial solicitations nor use the website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services);
- give the impression that they emanate from us, if this is not the case; and/or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We accept no responsibility for any statements, material (including User Contributions) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these contribution standards.
We reserve the right to edit or remove any material and User Contribution uploaded, shared or submitted using the website, for any reason whatsoever.
Notwithstanding our rights under these Terms of Use in relation to User Contributions, we do not undertake to monitor the submission or publication of User Contributions or users' use of the website. If you find any content on our website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our contribution standards, please notify us by email at info@amaka.studio and using the subject heading “Unacceptable Content”.
With respect to User Contributions that you upload, share or submit to our site, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Contribution worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Contribution may be made available with advertising and/or sponsorship.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Contribution you upload, share or submit, even if the User Contribution is modified, altered or changed in a way which is not agreeable to you.
Competitions and Voucher Codes
From time to time, we may run competitions, offers or promotions on our website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
Voucher codes may be offered at our discretion. These codes can only be used once and cannot be used in conjunction with any other offer. Each voucher code will have its own terms and conditions, which will be made available when the code is issued. Misuse of voucher codes, including but not limited to using them against the terms and conditions, can result in the cancellation of your order or suspension of your account.
Suspension and Termination
We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on the website) at any time and without notice or liability to you. We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the website. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the website;
- immediate suspension or termination of your membership (where applicable);
- immediate, temporary or permanent removal of any posting or material uploaded by you to the website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- and/ordisclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Reliance on Information
Information provided on this website is not intended to amount to advice on which reliance should be placed. We do not accept any liability or responsibility arising from any reliance placed by any user on such information, or by anyone who may be informed of any of its contents. The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Our Liability
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our website; or
- use of or reliance on any content displayed on our website.
Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Linking to Our Website
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use. If you wish to make any use of content on our website other than that set out above, please contact info@amaka.studio.
Viruses
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our website. You should use your own virus protection software. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
Third Party Links and Resources on Our Website
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Applicable Law
Please note that these Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
These Terms of Use were last updated on 30th July 2024
