Terms & Conditions

1. To use this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing South African Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Privacy Statement

We are committed to protecting your privacy. Authorized employees within Mega Image Bank on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

3. Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than authorities if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

4. Disclaimer Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

5. Payment

All major Credit and Debit Cards are acceptable methods of payment. Our Terms are payment in full immediately. “Client” may not use the image(s) until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through a Small Claims Court in the event that the outstanding balance does not exceed $200. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

6. Membership Packages & Royalties

  • You may signup for free to Mega Image Bank as PhotographerVisual Artist, Buyer, Licensor, Corporation and Art Collector;
  • Mega Image Bank also offers Premium Contributor Memberships (hereafter mentioned as “Pro Contributor”) in exchange for a Membership Fee (see section 8);
  • Each contributor (“Photographer or Visual Artist”) reserves the right to set the pricing (“Fees“) for each of their photos or artwork, according to its size and/or license, regardless of our recommendations, with the exception of Royalty-free Small (hereafter mentioned as “RF Small”), which is set by Mega Image Bank;
  • The contributors agree that the pricing set for one RF Small license is $5;
  • In the event that the contributor doesn’t provide with the Fees, Mega Image Bank has the right to display a default pricing list (hereafter mentioned as “Default Fess”), until the contributor provides with their own fees;
  • Mega Image Bank reserves the right to charge 20% Commission Fee (“Commission“) on each photograph or artwork sold in our community;
  • Mega Image Bank reserves the right to collect these fees on behalf of our contributors;
  • Buyers, collectors and licensors (hereafter mentioned as “Buyers”) understand that the pricing on each photo or artwork in our galleries already include all fees and there are no hidden fees;
  • Buyers understand that all photos and artwork in our galleries are sold under Royalty-free, Royalty-managed and Television Licenses and may be used for personal, commercial and editorial reasons, according to its license;

7. Cancellation Policy

A user (“Member”) may cancel his/hers Mega Image Bank account at any time without our consent. MegaImageBank.com reserves the right to cancel any users account, as well as cancel/delete their content without the users consent.

8. Uploads

  • A user needs to be registered contributors (“Photographer” or “Visual Artist”) in order to submit photos and artwork to Mega Image Bank;
  • A user can signup as a Free Contributor and/or as a Pro Contributor;
  • As a Free Contributor you may upload a limit of 100 images to Mega Image Bank;
  • As a Pro Contributor you may upload unlimited images to Mega Image Bank;
  • Explicit sexual or pornographic content is strictly prohibited;
  • Boudoir photography is only allowed if genitals are not visible;
  • Photographs including graphic content, such as violence, racism, drug or sex abuse or images including trademarked brand names are strictly not allowed;
  • Photographs of captive animals doesn’t qualify as Wildlife Photography, therefore are strictly prohibited;
  • You may only submit your own photographs (authorized agents or representatives please contact our HelpDesk);
  • You must be 16 or older to sell on Mega Image Bank;
  • Every image sold on Mega Image Bank is copyrighted to it’s author, therefore, by uploading your images you agree to give Mega Image Bank the power to exhibit, trade, negotiate and deliver your images to our clientèle, as well as receive payments and process payouts on the contributor’s behalf.

9. Downloads

To be able to license an image, you must be a registered buyer (“Art Collector“, “Licensor” or “Buyer“). MegaImageBank.com won’t issue any refunds. All parties agree that all rights, including ownership and copyright, are retained by the contributor, under MegaImageBank.com’s management, and buying through mageimagebank.com does not in any way transfer ownership or copyright to any third party. To license an image under Royalty-managed License or TV License, you must contact the Sales Department on sales@megaimagebank.com. All major credit and debt cards are acceptable forms or payment. Your payment is processed by PayPal™, the most secure service provider on the planet.

10. Availability

The services featured on this website are available worldwide. All advertising is intended solely for a specific market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of MegaImageBank.com. We doe not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

11. Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

12. Cookies

Like most interactive web sites, megaimagebank.com uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

13. Links to this website

You may create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

14. Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

15. Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

16. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

17. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

18. General

The laws of South Africa govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

19. Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your access to this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Last edited: 19/December/2016

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