Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. By using this site or downloading, uploading or using any images listed under the Africaphotobank.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. Where Africaphotobank has provided you with a translation of the English language version of the page or site's functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Africaphotobank.

Use of this site

This site is owned and operated by Africaphotobank. All images and related informational materials in any medium provided by Africaphotobank hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Africaphotobank and by our image providers (photographers), members of our community. All Images are protected by international copyright laws.

We do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.

Africaphotobank may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Africaphotobank  may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Africaphotobank.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Africaphotobank or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Africaphotobank makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Acknowledgements, Representations, and Warranties

By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

1. Africaphotobank provides access to an online service comprising information and materials created and posted by You and other users.

2. Images on the Website that are available for license are stored on Africaphotobank server at the direction of Africaphotobank’s users.

3. Any modification of Images uploaded by Africaphotobank’s users, such as the addition of a Africaphotobank watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon upload,

4. A review of uploaded Images is performed by Africaphotobank before making such Images available to the public is cursory and only intended to identify immediately obvious violations of these Terms.

5. Africaphotobank correctly presumes that the Contributor uploading an Image is the sole holder of all exclusive rights to that Image, except where the Image alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Contributor as the exclusive rights holder.

6. Where an Image has no obvious proprietary marking that indicates an exclusive owner, Africaphotobank cannot be deemed to have actual knowledge that the Image infringes upon any third party’s rights.

7. Contributors are the only parties receiving a direct financial benefit from their creation and uploading of Images for licensing by Africaphotobank’s users.
Africaphotobank’s only direct financial benefit comes from operating its Website, which allows Contributors to market their Images to potential license buyers.

8. Africaphotobankhas no right or ability to control the activities of Contributors who create and upload images to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading an image, that Contributor is the sole responsible party for such infringement, and Africaphotobank has no control over such activity.

Registering For A Africaphotobank Account

To obtain access to our images as well as upload any images, you have to apply for a Africaphotobank account and you agree to provide complete, true and accurate information. Africaphotobank reserves sole discretion over whether to grant you an account.
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Africaphotobank account or web site or related services.


None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Africaphotobank  separate written consent.

Royalty-Free License - Concept Info

What Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost.


It is forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site's design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels.



Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use. We recommend that you credit the agency and the photographer when you use an image. By this you benefit the community at Africaphotobank.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.

Editorial License:

The editorial section provides news worthy images reflecting events from social, cultural and political scenes. Images downloaded under the Editorial section of our site, as well as images downloaded with our Royalty Free license can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply.

The high-resolution images that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.
Special ethical considerations apply to editorial usage. When using or submitting editorial images, you are solely responsible for any claims related to or arising from any visual adjustments of the images. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.

Additional requirements for buyers:

Images included within the editorial section may include visible logos, or identifiable persons who didn't sign a model release document. You are solely responsible for the usage given to such images. Please consider that editorial images are not meant for commercial usage and using them in a commercial context is against editorial terms.

If a Model Release is available on file, it will remain within our database, a proof about its existence can be forwarded to the buyer, however, the MR info will still not be disclosed in respect of the photographers' and models' privacy.
This is an additional license to the rights included within the regular Royalty-Free license.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Africaphotobank to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Africaphotobank 's rights or remedies in connection with any unauthorized use.

Credit Line Requirements

All images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes.

Sensitive Subjects

Any license granted by Africaphotobank shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Africaphotobank 's separate written agreement.
Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
Africaphotobank will not be held responsible for any of the materials you upload to the site.

Model and Property Releases/Clearances

The rights Africaphotobank  grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
In addition, a model release document must be uploaded by photographers, members of Africaphotobank 's community, confirming that the persons included in their Image have signed a written agreement. By uploading this document, the photographers certify that the information contained within is complete and accurate.

Refund Policy

Once your purchase is made we cannot offer a refund. The reason for this policy is because we offer full access to our entire digital collection of photos and, as such, there is no way for our products to be returned. On a rare occasion we will make exceptions on a case by case basis.
Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request. Downloads are not refunded if more than 7 days from the download date have passed.

Indemnification

You agree to indemnify, defend, and hold harmless Africaphotobank against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

AFRICAPHOTOBANK  PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER AFRICAPHOTOBANK NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL AFRICAPHOTOBANK'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Copyright

The Photographer acknowledges that Africaphotobank  prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at Africaphotobank.com.

By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Africaphotobank 's server. Africaphotobank reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The Photographer hereby grants Africaphotobank  a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels.
The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by Africaphotobank or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer.
Currently, each photographer may request to be paid for his/her balance on Africaphotobank.com and Africaphotobank is obligated to pay via check or similar means, once the balance has reached $50 and the photographer has submitted a payment request via website.

Africaphotobank is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, Africaphotobank.com has the right to delay the payment request until all details are cleared or to refuse the payment.

The Photographer is entitled to disable file(s) from his portfolio by sending a support request. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. Africaphotobank  is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s). After this time interval expired, Africaphotobank.com shall erase all files.



The Photographer agrees that neither Africaphotobank.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

No Waiver / Severability

No action of Africaphotobank, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Return Policy

Before placing your order with Africaphotobank, please read the following:

This is a family owned business, and is no multimillion dollar concern behind; we work together like a team father and son.

We have been in business in Botswana from 1999 as stock photographers and take care of our customers.

More than 10% of our files have been found in various places on the internet or print, either being used without a licence, or inappropriately shared with various, third party designers, or "friends" from social networks etc. Due to this high rate of piracy we have enabled a strict refund policy for our digital downloads.

At our sole discretion and on a case-to-case basis, a refund may be offered, to our long time business partners, other stock agencies what we collaborate with, or established clients.

 If you have a problem receiving your purchase or you experience technical problems accessing a download for the item you purchased, we will do everything possible to assist you. We do not ship any products to your mailing address. All items (photos, video, designs etc. )are designed to be downloaded to your hard drive.

In general, content (photos, video, designs etc.) purchased and/or downloaded from Africaphotobank.com is not returnable, being the nature of our items, once you have downloaded; we have no control over the file. This is the reason that we do not generally offer refunds.

All sales of Digital Content are final. Once you have purchased your item, we encourage you to download it promptly and to make back-up copies of it, if you are unable to download, ask for an FTP password and if a photo is purchased we can email it to you also, no video files will be emailed. If you are unable to complete a download, please contact customer service. You bear all risk of loss after purchase and for any loss of Digital Content (photos, video, designs, etc.) you have downloaded, including any loss due to a computer or hard drive crash, backup copies will be provided only as a complimentary service to the customers at our sole discretion.

If this return policy seems like a risk to you, please do not place an order with us.

Once a file is downloaded directly, FTP, emailed, or delivered to you by any other means we have no control over it.

Due to this lack of control, we have several requirements to issue refunds:

- The reason for the return must be based on proven quality issues with the file.

- No refunds will be issued for files owned and uploaded by our contributors; you must deal directly with them.

- The file must be irrecoverably removed (sanitised) from your computer or any other third party storage system.

- If all the above criteria are met a "Certificate of Destruction", signed by two witnesses in the presence of a legal representative is required. A reputable (traceable) photographic organisation in your area must certify the" Certificate of Destruction".

- If you received the file via a third party email provider (such as Yahoo, Gmail, AOL, Hotmail, etc.) or shared or stored in any way with any other third party, the "Certificate of Destruction" must be signed also by a representative from the legal department of the respective provider or third party stating clearly that the file was removed also from their possession.

-Among others clauses specific to royalty free items you must specify clearly in your "Certificate of Destruction".

1. I have destroyed the product (including all copies). Any failure to destroy the product or any use of the product will constitute an infringement of the intellectual property rights of Africaphotobank.

2.  I have not used or copied , shared etc.the product in any way for any purpose whatsoever.

3.   I have not transferred the product to or permitted the product to be used or copied by a third party.

4. When licenses are withdrawn and images deleted – any subsequent unlicensed usage will be liable to legal action and penalties, as with any unlicensed use of an Africaphotobank file.