top of page
Banner HOME Moments in Time 01.jpg

Terms & Conditions

Effective Date: March 17, 2025

 

This website is operated by the African Environmental Film Foundation. Throughout the site, the terms “we”, “us” and “our” refer to the African Environmental Film Foundation. The African Environmental Film Foundation offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

​

By visiting our site you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, browsers, donors, film renters and / or contributors of content.

​

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

​

Our website is hosted on Wix.com, Inc. 

 

Additionally, by viewing or renting our films, you are using the Vimeo platform. 

You can review Vimeo Terms and Conditions in Section 13 and here:  VIMEO Terms of Service

You can review Vimeo on Demand Viewer Agreement here: VIMEO on Demand Viewer Agreement 

​

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

​

You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

​

You must not transmit any worms or viruses or any code of a destructive nature.

​

A breach or violation of any of the Terms will result in an immediate termination of your Services.

​

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website’s films, content, its use, access, or any contact information found on the website without our express written permission.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

​

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

​

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Price modifications for our films are subject to change without notice.

​

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

​

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

​

SECTION 5 - PRODUCTS OR SERVICES - FILMS​

We have made every effort to display as accurately as possible the films from our library. We cannot guarantee that your computer monitor's display of any films will be accurate.

​

We reserve the right, but are not obligated, to limit the rentals of our films or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 

 

All descriptions of films or film pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any film at any time. 

​

We do not warrant that the quality of any film, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

​

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

​

You agree to provide current, complete and accurate rental purchase and account information for all film rentals. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

​​

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

​

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

​

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

​

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

​

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to 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 have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

​

We are not liable for any harm or damages related to the rental purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

​

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS ON VIMEO

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

​

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.

​

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. 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.

​

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. Please view our privacy policy regarding the care of your personal information.

​

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or with the film rentals that contain typographical errors, inaccuracies or omissions that may relate to film descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

​

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

​

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

​

SECTION 13 – VIMEO VIEWER TERMS OF SERVICE AGREEMENT 

This Vimeo OTT Viewer Terms of Service Agreement (“Agreement”) is between you and Vimeo.com, Inc. (for the purposes hereof, “Vimeo,” “we” or “us”). The Agreement governs your use of the “Vimeo OTT Service,” an online platform that allows consumers like you to view video programs (“Programs”) from content owners and licensors (“Producers”) through Producer-branded websites and applications that we power. 

 

  • Acceptance By creating an account, viewing videos, making a purchase, downloading Producer-branded applications that we power, or otherwise visiting or using the Vimeo OTT Service, you accept this Agreement and consent to contract with us electronically. If you are an entity other than a natural person, the person who registers the account or otherwise uses the Vimeo OTT Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account. We may update this Agreement by posting a revised version on our website. By continuing to use the Vimeo OTT Service, you accept any revised Agreement. You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If Vimeo deletes your account for breach, you may not re-register. In the event of any termination or expiration of the Agreement, the following sections will survive: Section 7 (Disclaimers), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 11 (General Provisions). 

  • Accounts Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices from Vimeo and the Producers of the Programs you purchase at this email address. You must keep your email address valid and current so that we are able to contact you. 

  • Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Vimeo OTT Service. 

  • Parents and Guardians: By granting your child permission to use the Vimeo OTT Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

  • Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately. 

  • Privacy By creating an account, you agree that the Producer of the Program(s) you purchase will have access to your account information and account activities, such as the viewing and purchase of the Producer’s Programs, and your contact information. Vimeo is not responsible for a Producer’s use or disclosure of your data. Please refer to the applicable Producer’s Privacy Policy for more information about how your data is handled when you interact with Producer-branded websites and applications. 

  • Program Viewing and Purchase Options Producers may offer the following purchase options through Producer-branded websites and applications: 

    • Rental: After paying the stated fee, you may stream the Program an unlimited number of times during the stated rental period.

    • Purchase: After paying the stated fee, you may stream the Program an unlimited number of times; if offered by the Producer, you may download the Program.

 

To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. Producer will attempt to notify you in advance of any such price changes prior to your next billing cycle. If you do not wish to accept a price change, you may cancel your subscription in accordance with this Agreement. If a Producer provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE. Free Trials and Discounts: Producers may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled) and you must pay the full monthly or annual fee. If a Producer provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee. 

 

  • Licenses and Intellectual Property License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel that you have subscribed to during your subscription period. Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by the applicable Producer. 

  • Vimeo OTT Service: Subject to the terms hereof, Vimeo grants you permission to use the Vimeo OTT Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by Vimeo are reserved. Producer Apps: If you download a Producer application that we power (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the platform operator; (ii) as between Vimeo and the platform operator (but without creating any obligation by Vimeo), Vimeo shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app. 

  • Your Content; Feedback: To the extent that you submit any content to Vimeo (i.e. in your profile, a comment, or forum), you grant Vimeo an irrevocable, worldwide, non-exclusive, royalty-free, perpetual right and license to use, copy, adapt, transmit, distribute, license, and publicly perform and display such content in all media for any purpose whatsoever. Any content submitted must comply with the Acceptable Use Policy set forth in Section 6. If you make suggestions to Vimeo on improving our products or services, Vimeo may use your suggestions without any compensation to you. 

  • All users of Vimeo Services, as defined in our Terms of Service, must comply with our Acceptable Use Policy, which places restrictions on how you may use such Services. In these Guidelines, we explain how we interpret those restrictions (Sections 1, 2 and 3 below) and enforce them (Sections 4, 5 and 6 below).

 

Please see the Vimeo Guidelines for guidance on how we interpret these terms. 6.3 Code of Conduct In using the Vimeo OTT Service, you may not: 

​

  • Prohibited Technical Measures You will not: 

    • Except as authorized by law or as permitted by us in writing: scrape, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Vimeo OTT Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

    • Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Vimeo OTT Service or any output thereof without our permission;

    • Submit any malicious program, script, or code;

    • Submit an unreasonable number of requests to our servers; or

    • Take any other actions to manipulate, interfere with, or damage the Vimeo OTT Service.

  • Restricted Users You may not use the Vimeo OTT Service if you: 

    • are a terror or hate group or a member thereof;

    • have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or

    • are subject to sanctions by a non-U.S. government such that your use of the Vimeo OTT Service would violate applicable law.

  • You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions. 

​

  • Disclaimers YOUR USE OF THE VIMEO OTT SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. VIMEO PROVIDES THE VIMEO OTT SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRODUCERS PROVIDE PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIMEO AND EACH PRODUCER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the above, Vimeo makes no representations or warranties concerning: 

    • The availability of the Vimeo OTT Service in a particular jurisdiction.

    • The availability of the Vimeo OTT Service for any particular device, operating system, or browser.

    • The continued support for a particular feature of the Vimeo OTT Service.

    • The viewing quality of any Program. Vimeo does not guarantee that you will be able to use the Vimeo OTT Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.

    • The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of the Producer and/or persons involved in the production of the Program, not Vimeo.

    • The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.

    • Any Producer’s actions or omissions with respect to your personal information.

    • ​

Producers may provide links to other Producer websites or third-party websites. Vimeo is not responsible for the content of, or any interactions or transactions that may take place on or through, any such website. 

 

  • Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIMEO, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS (INCLUDING PRODUCERS) SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND A PRODUCER OR OTHER VIMEO USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAID BY YOU TO VIMEO OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM. The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Vimeo (or a Producer) has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you. 

 

 

 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

​

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

​

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

​

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

​

In no case shall the African Environmental Film Foundation, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

​

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the African Environmental Film Foundation and third party platforms Wix and Vimeo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 - SEVERABILITY

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

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

​

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

​

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

​

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

​

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@aeff.org

bottom of page