Terms of Use

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

I. Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Member", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "Mega Image Bank", "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Member and ourselves, or either the Member or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Member in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Member’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.

II. Privacy Statement

We are committed to protecting your privacy. Only authorized employees within Mega Image Bank can access any information collected from our members. We constantly review our systems and data to ensure the best possible service to our members. We will investigate any offences for unauthorised actions against our computer systems and data with a view to prosecuting and/or taking civil proceedings to recover any possible damages against those responsible.

III. Confidentiality

Our members records are regarded as confidential and therefore will not be divulged to any third party, other than the authorities, if legally required to do so. Our members have the right to request sight of, and copies of any and all records we keep of their activities, on the proviso that we are given reasonable notice of such request. Members are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue you 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 Mega Image Bank will only be in connection with our services and products.

IV. 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.

V. Payments

We use PayPal, the safest, easiest way to pay and get paid online, to process all payments on our website. All major Credit and Debit Cards are acceptable methods of payment. Our Terms are payment in full immediately. Members may not use the purchased image(s)/video(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.

VI. Memberships and Royalties

You may register - for free - to Mega Image Bank as a Photographer, Visual Artist, Graphic Designer (registered as "Contributor" or "Contributors"), Buyer, Licensor, Corporation and Art Collector (registered as Members).

Each contributor reserves the right to set the pricing ("Fees") for each of their photos, videos, vectors or artwork, regardless of our recommendations.

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 add 20% Commission Fee ("Commission") to each photo, video and/or artwork sold on our website.

Mega Image Bank reserves the right to collect and process 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 projects, according to its license.

VII. Cancellation and Block Policy

A member may cancel his/hers Mega Image Bank account at any time without our consent. Mega Image Bank reserves the right to cancel any members account, as well as cancel/delete their content and/or block their access to the website without the member consent.

VIII. Storage and Explicit Content

Any registered member can submit their photos, videos and artwork to Mega Image Bank. We offer free unlimited storage for any member, which, as a member, you may submit unlimited images and videos to Mega Image Bank, as long as the images and videos don't fall into the following categories:

You must be 16 or older to sell on 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 caged animals or animals kept in captivity doesn't qualify as Wildlife Photography, therefore it's strictly prohibited.

You may only submit your own images and videos. Mega Image Bank doesn't allow any thrid-party representation.

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 Members, as well as receive payments and process payouts on the contributor's behalf.

IX. Downloads

Any registered member is eligible to license images and videos on Mega Image Bank for your projects. We won't issue any refunds without an appropriate investigation. All parties agree that all rights, including ownership and copyright, are retained by the contributor, under our management, and buying through Mega Image Bank does not in any way transfer ownership or copyright to any third party.

X. Trading on Mega Image Bank

In order to trade your images and videos on Mega Image Bank and receive your payments, you must own a PayPal Account. Kindly note that we're not responsible for any additional charges processed by PayPal and/or your Local Bank when processing and/or withdrawing your payments. Regardless of your chosen currency, all payments are processed in USD.

XI. 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 Mega Image Bank. We do 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.

XII. Log Files

We use IP addresses to analyze trends, administer the site, track members 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 Mega Image Bank 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.

XIII. Cookies

Like most interactive web sites, we use cookies to enable us to improve your experience on our website. Cookies are used in some areas of our site to enable full functionality of Mega Image Bank and ease the use for those people visiting our website. Some of our affiliate partners may also use cookies.

XIV. 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.

XV. 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 and 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.

XVI. Communication

We have several different e-mail addresses for different queries. These, and 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.

XVII. 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.

XVIII. 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.

XIX. 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.

XX. Notification of Changes

Mega Image Bank 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 Member 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: 15/June/2019

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