PersonalPictorialPortfolio

Terms & Conditions

 

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. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site, downloading or using any images listed under the Ivanmuller.co.za 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.

Use of this site

This site is owned and operated by Ivan Muller Photography cc ("Ivan Muller"). All images and related informational materials in any medium provided by Ivan Muller hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Ivan Muller and by our image providers (photographers). All Images are protected by South African and relevant international copyright laws. 

This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). Ivan Muller allows you to search for, view, and use Watermarked Images only as permitted below.

If you have registered for an Ivan Muller account and Ivan Muller has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. Ivan Muller reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Ivan Muller. All rights not specifically granted under this Agreement are reserved to Ivan Muller. Additionally, 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.

Ivan Muller 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. Ivan Muller 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 Ivan Muller. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location.

You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. 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 Ivan Muller 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.

Ivan Muller makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the South African and 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.

Use of Watermarked Images

Using Images for compiling Images, include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images). You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system.

You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Ivan Muller grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

Registering for an Ivan Muller account

When the functionality is activated on the site, to obtain access to our images as well as upload any images, you have to apply for a Ivan Muller account and you agree to provide complete, true and accurate information. Ivan Muller reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Ivan Muller. Our privacy policy can be reviewed at the following link.

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 to take reasonable steps to prevent others from obtaining your access information and to notify Ivan Muller of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Ivan Muller of any unauthorized use.

You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Ivan Muller account or web site or related services. 
At anytime, you may request your account access to be restricted, but Ivan Muller reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site's services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Ivan Muller admin staff, for legal purposes.

This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Ivan Muller's 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. Note that the maximum number of copies for printed materials is 500,000 copies. The Royalty-Free license is granted ONLY for the high-resolution, non-watermarked image (the one that is bought using the download button); all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

Any free files downloaded may be used in commercial projects under our limited Royalty Free license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.

Royalty Free (RF) License of use of Non-Watermarked Images and Restrictions

The high-resolution images that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email support using contact us.

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or given for free, are considered redistribution (if the image is used in an essential manner). The use of Ivan Muller.com images for these purposes under the regular Royalty Free license is not permitted. It is also 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.

If you use the images for printed materials, the number of copies must not exceed 500,000. You may modify the images in any way required for reproduction, or include them in your own personal creations. 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 for reuse. We recommend that you credit the agency and the photographer when you use an image. By this you benefit the community at Ivan Muller.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.

Limited Royalty Free Licenses (RF-LL) for using images downloaded within the Free section of the website

Ivan Muller offers free Images, fully searchable and constantly updated. Its use may be available to all users. The high resolution images downloaded as part of a free offering may be used under the terms mentioned for the regular Royalty Free license, with a single additional restriction: the maximum amount of copies is limited to 10,000 copies. If you exceed this amount and you already purchased credits you may request to download the image under the regular RF license.

Printed Merchandise

In addition to variously licensed images, you may also purchase through this site printed products that may or may not display images licensed under Royalty Free license including, but not limited to t-shirts, caps, bags, posters or canvases. You may purchase such printed products by different means like credit card, Paypal or using your earnings on Ivan Muller. Any printed products that you purchase through this site may be not be resold/distributed.

All printed products available to purchase on this site are of excellent, merchantable quality and will be delivered, upon your order via commercially reasonable means within a reasonable period of time. If the product you purchased is damaged or defective and you wish to return it, you have fourteen (14) days in which to return the product to us in the condition in which you first received it, along with an indication of how the product is damaged or defective. For any returned purchases, we will credit your account. Only damaged or defective products may be returned.

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 Ivan Muller 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 Ivan Muller's rights or remedies in connection with any unauthorized use.

Sensitive Subjects

Any license granted by Ivan Muller 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 Ivan Muller's separate written agreement.

Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. 
You must contact Ivan Muller for additional information prior to any use of an Image with any sensitive topic.

Model and Property Releases/Clearances

The rights Ivan Muller 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. Ivan Muller makes no representations or warranties that it owns or licenses any rights nor does Ivan Muller grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Ivan Muller makes no representation or warranty as to the accuracy of any information provided with the Images.

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 Ivan Muller. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

If Ivan Muller erroneously advises you that an Image is model-released when it is not, Ivan Muller's liability shall be limited to the amount you paid Ivan Muller for the use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Under no circumstances, you cannot use an image with a person or more, in a context suggesting he/she or they are endorsing a subject that can be seen as sensitive. Any license granted by Ivan Muller is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Ivan Muller with proof of such releases and permissions upon request.

Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. 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 and your Ivan Muller username.

If you have downloaded an image that has technical flaws please contact us for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that Ivan Muller determines that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 7 days from the download date have passed.

Ivan Muller Trademarks

The trademarks, services and logos used and displayed in www.ivanmuller.com are registered and unregistered trademarks of Ivan Muller its subsidiaries and affiliates. Ivan Muller trademarks may only be used publicly with the permission of Ivan Muller with proper acknowledgement. Except as expressly granted Ivan Muller does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Indemnification

You agree to indemnify, defend, and hold harmless Ivan Muller 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

IVAN MULLER 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 IVAN MULLER 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 IVAN MULLER'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.