1. The Ivghub Contract / License does not allow:
1.1. Depiction of identifiable persons in an offensive, immoral, pornographic, obscene, defamatory or li bellous way; or Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, adding any additional elements or otherwise adding value.
1.2. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites)
1,3. Intended use must be specified prior to purchase.
2. You may not assume that any use of Video/Images/Artwork is permissible. Ivghub.COM reserves the right to refuse permission and will only grant specific rights after being notified in writing on the intended use.
3. Purchasing, receiving and checking
3.1. Purchasing and receiving pictures automatically assumes acceptance of these terms and conditions.
3.2. Ivghub must be informed within 24 hours of any discrepancy between the images received and those ordered.
5. Reproduction rights
5. 1.An invoice will be issued when and after a licensing fee has been negotiated, upon which there is a firm and binding contract for Ivghub to grant reproduction rights to you and acquire the picture/s.
5. 2.The licensing invoice will define the reproduction rights. Any use of any image outside the rights granted will constitute an infringement of copyright and liable to legal action.
5. 3.If, after invoicing, you request cancellation of the reproduction rights, a cancellation fee of up to 50% of the invoice total will be refunded.
5. 4.You agree to indemnify Ivghub in respect to any or all claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any images supplied to you by Ivghub.com.
6. 1.Copyright and ownership of any artwork provided by Ivghub remains with the Photographer/Artist. Ivghub.COM will grant only a specific license to use the image and not ownership of it.
6. 2.Reproduction rights granted are to you only and may not be assigned. No image may be copied or distributed for any purposes other than those specified in the license agreement.
7. Warranty and limitation of liability
7. 1. Ivghub guarantees that should any Content contain defects in material or workmanship which are notified in writing to Ivghub within fourteen (14) days from the date of delivery of the Content then Ivghub will either replace that Content with another digital copy of the Content free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Content, at Ivghub’s option.
7. 2. Where copyright subsists in the Content, Ivghub warrants that it is authorised by the copyright holder to offer a licence on the terms set out in this Agreement.
7. 3. Ivghub makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Ivghub nor the Contributors will be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Ivghub its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Ivghub has been advised of the possibility of such damages, costs or losses. Ivghub joint maximum liability arising out of or in connection with your use of or inability to use the Content (whether in contract, tort or otherwise) will, to the extent permitted by law, be limited to ten (10) times the value paid by you for the relevant Content.
8. Discretionary scanning fees
8.1. When high-resolution images have been supplied and end usage canceled, a scanning cancellation fee of $60+GST may be charged at Ivghub discretion.
9. Uploading Content
9.1.With uploading your Artwork to Ivghub.com, you grant Ivghub and it’s members a worldwide, irrevocable, licence to use, adapt, download, copy, the Content (in whole or in part) for any purpose, both commercial and non-commercial. You own all copyright, permits and model releases of the Artwork you upload to Ivghub.COM and that the Artwork does not infringe the trademark or other applicable rights of any party, copyright, property rights.
10.. Licence cancellation
10.1. If you have not used the Content file you may cancel the Licence and get a full refund within fourteen (14) days of the Invoice date. You’ll need to send us an email firstname.lastname@example.org with the Invoice number (e.g. US 110) and the Content file number (e.g. Melb.4564). If you cancel, you will not be able to use the Content and you will need to remove it from your archives.
10.2. In addition, Ivghub may terminate or withdraw your license in relation to the Content based on a potential or actual legal claim. Upon such termination or withdrawal, you and your client (if applicable) must immediately discontinue all future use of the Content, delete the Content and all copies from all magnetic/electronic media and destroy all other copies in its or your possession or control. Ivghub may replace the Content with alternate Content upon its discretion.
11. Variation of the Terms and Conditions
11.1. Any variation of the Terms and Conditions must be agreed to in writing by Ivghub.