Note: You may also purchase images under “Royalty-managed License Agreement” and “Television Production License Agreement”. If you require a broader license, please do not hesitate to Contact Us.
This is a royalty-free license agreement (herein mentioned as “Agreement”) between you (herein after mentioned as “Client”) and Mega Image Bank (herein after mentioned as “Image Bank”), which explains how the client can use any stock photos and artwork (hereinafter mentioned as the “Images”) that you buy and license from our website (hereafter mentioned as “Image Bank”). By downloading stock photos and artwork from Image Bank you agree to accept the terms of this agreement.
II. How can the client use the licensed image(s).
Digital format on blogs or websites, advertising campaigns, television shows, videos or productions, films, short-films or documentaries, social networks, web or mobile apps. Printed materials such as books, magazines, newspapers, newsletters, flyers or brochures, boxes or products. Personal use in your home, office, computer, mobile, tablet or any public place, as decoration, wallpapers, decals (Visit the Personal Printing License Agreement for more information).
III. Intellectual property rights & copyright.
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Photographer or Visual Artist (hereinafter mentioned as “Contributor”). The client does not need to include a photo credit for commercial use, but if the client is licensing images for editorial or television use, the client must include the following credit adjacent to the image or in your audio/visual production credits: “©Name of Contributor / Mega Image Bank”. If credit is required but not actually provided, client agrees that the amount of the invoiced fee will be subject to a three-times multiple as reasonable compensation to contributor and image bank for the lost value of the credit line.
IV. Client’s rights.
Client has the right to register as a buyer or collector in order to purchase image(s) from Image Bank. This agreement will continue to last for 1 year from the date of purchase. This agreement is non-exclusive, meaning that clients do not have exclusive rights to use the image(s). Then, the Image Bank can license the same image(s) to other clients. The client can use the images(s) in an unlimited number of projects and in any media (excluding the number of episodes for television shows or productions). For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. If the client requires broader rights than granted in this license agreement, please visit the Royalty-managed or TV licensing Agreements.
V. Client’s Restrictions.
The client may not use content in any pornographic or sexual, defamatory or other unlawful content or way. The client may never expose the image(s) where it allows any 3rd party to access, download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the final use). Strictly no use in Trademarks or Logos or as part of a trademark, company, service or business name, or logo or in a subject that would be unflattering, offensive or controversial to a reasonable individual or group of individuals. The client may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, apparel items, posters (printed on paper, canvas, or any other media), CDs, DVDs, mobile applications, electronic or digital templates or other items for resale, license or other distribution for profit. This includes products in which image is selected by a third party for customization. The client may not falsely represent that you are the original creator of the image(s) that is made up largely of licensed content.
VI. Transfer and Assignment.
Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of contributor, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client is liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. This agreement incorporates by reference the Copyright Act of 1976, as amended. It also incorporates by reference those provisions of Article 2 of the Uniform Commercial Code that do not conflict with any specific provisions of this agreement; to the extent that any provision of this agreement may be in direct, indirect, or partial conflict with any provision of the Uniform Commercial Code, the terms of this agreement shall prevail. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any city. Contributor is an independent worker and not an employee. If contributor is deemed under any law to be an employee of client, and if the Image(s) are therefore considered works made for hire under the Copyright Act, client hereby transfers the copyright to all such image(s) to contributor. Client agrees to execute any documents reasonably requested by contributor to accomplish, expedite or implement such transfer. Client understands that Image Bank has not made any representation or warranty that your use of the image(s) will not infringe or violate the trademark rights of any third party. Image Bank does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the image(s). It is client’s sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the image(s).
This agreement is effective until it is terminated by either party. The client may terminate this agreement by ceasing use of the licensed image(s) and deleting or destroying any copies. Image Bank may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Image Bank in writing that you have complied with these requirements. If client uses the image(s) on a social media platform(s) or other third party website and the platform or website uses (or announces that it plans to use) the image(s) for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate. Image Bank holds the sole right to discontinue licensing any item of content at any time in its sole discretion. Upon notice from image bank, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which image bank may be liable, image bank may require the client to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
VIII. Indemnification/Limitation of Liability.
Client agrees to defend, indemnify and hold harmless Image Bank and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement. IMAGE BANK WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF IMAGE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
This agreement is personal to client and is not assignable by you without Image Bank’s prior written consent. This agreement will be governed by the laws of the Western Cape, South Africa. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Image Bank and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply. All notices required to be sent to Image Bank under this agreement should be sent via email to email@example.com. All notices to you will be sent via email to the email set out in your membership account. The licensing entity under this agreement shall be Mega Image Bank.