In order to achieve the best results, please submit the images that meet Ingen Studio’s guidelines for resolution and file format. Ingen Studio works hard to make sure the edited images it returns to you are the quality that our customers expect from Ingen Studio. The returned image will be deemed accepted by you upon receipt, unless you contact Ingen Studio within seven (7) days through email@example.com and detail the flaws by Ingen Studio with respect to the edited image. Ingen Studio is committed to customer satisfaction and will work with you to correct any Ingen Studio flaws as determined in Ingen Studio’s sole discretion, including but not limited to re-performing its services to correct such flaw. Ingen Studio deletes all images from its system approximately fifteen (15) days after their respective acceptance. Ingen Studio is not responsible for the quality of returned images if the image you originally submitted does not meet Ingen Studio’s then-current guidelines.
When processed, the images will be available at a secured internet location, the address/URL of which will be shared ONLY to you. In addition Ingen Studio may permit retrieval through an FTP server, API or other secured mechanism. Ingen Studio offers different service pricing based on different requested delivery dates and times. Ingen Studio prioritizes its orders based on requested delivery dates and times and recognizes that Ingen Studio will have satisfied and returning customers if it meets the requested delivery dates. Ingen Studio will use commercially reasonable efforts to deliver your image within the time frame requested, but Ingen Studio does not guarantee that an order will meet its requested delivery date. If there is any possible delay on delivering the images within the timeframe, Ingen Studio will notify you within 6 hours prior to the deadline. In rare instances, particularly large orders may surpass Ingen Studio’s processing capacity for a requested delivery date, in which case Ingen Studio will contact you to determine how best to restructure your order.
The price of the service ordered shall be set forth in Ingen Studio’s price list then in effect when Ingen Studio accepts your order. Ingen Studio reserves the right to change its price list without prior notice. For Pre-Pay customer, Ingen Studio will process your payment upon submission of your order and will accept your order upon verified payment. For Retail/Enterprise Customer, Ingen Studio will consider extending a line of credit to large volume of images, in which circumstance Ingen Studio will invoice such customers on a monthly basis and the payments must be made within 15 (Fifteen) days after issuing the invoices. The payments must be made in the currency as in the invoice issued and are non-refundable. You are responsible for paying any applicable taxes, duties or tariffs relating to your order, except taxes on Ingen Studio’s income. Notwithstanding the payment terms, all other terms of this Agreement apply to any free trial. Multiple free trial requests from the same IP address will not be accepted.
RIGHTS TO USE IMAGES
You are solely responsible for the images you submit. Ingen Studio reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, Ingen Studio’s acceptance of an image for processing should not be construed as a determination of your rights to use the image. By submitting an image to Ingen Studio, you represent and warrant that you have the legal authority to enter into this Agreement, that you have the right to use any credit card(s) or other payment means used to initiate any transaction, that any images you submit to Ingen Studio do not contain any materials (such as malicious software code or viruses) that may harm Ingen Studio’s or its subcontractors’ property, and you hereby grant Ingen Studio a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Ingen Studio’s subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivative works from, distribute (through multiple tiers), perform and display and otherwise use the image as reasonably necessary for Ingen Studio and its subcontractors to perform the services you requested hereunder. You agree to indemnify and hold harmless Ingen Studio, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from your breach of this Agreement.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE PROCEDURE SET FORTH IN SECTION 1 (“IMAGES”), THE SERVICES ARE PROVIDED “AS IS”. NEITHER INGEN STUDIO NOR ITS LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MECHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL INGEN STUDIO, ITS LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA OR GOODWILL, HOWEVER USED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE ON ANY THEORY OF LIABILITY, WHETHER OR NOT INGEN STUDIO OR A LICENSOR OR SUBCONTRACTOR OF INGEN STUDIO WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, INGEN STUDIO AND ITS LICENSORS AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR INGEN STUDIO OR ITS SUBCONTRACTORS’ PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS TO INGEN STUDIO FOR THE SERVICES PERFORMED ON THE RELEVANT IMAGE. IN NO EVENT WILL INGEN STUDIO OR ITS LICENSORS OR SUBCONTRACTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
BASIS OF BARGAIN
The parties acknowledge that Ingen Studio has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
This Agreement shall be effective from the date you submit an image to Ingen Studio until the date the returned image is deemed accepted, provided that Ingen Studio may terminate this Agreement at any time and will return the fees paid by you if you are a Pre-Pay Customer, for any image that Ingen Studio has not edited and Ingen Studio may or may not in Ingen Studio’s sole discretion return fees paid for edited images not yet deemed accepted.
This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Ingen Studio. This Agreement is written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. Ingen Studio shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Ingen Studio’s production for reasons beyond Ingen Studio’s reasonable control. Ingen Studio may amend this Agreement at any time, and the terms that will govern Ingen Studio’s service of a particular image are those in effect on the date you submit the image. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Ingen Studio’s website, these Terms of Service shall control. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.