Do not post, give away or sell any item that is not 100% your own unless you have a license to re-the Marketplacedistribute or have obtained permission. Copyright infringement shall not be permitted. Violators may be banned.
Please do not use items found on the Internet. Many items may state free to use, commercial use or even royalty-free, but that does not guarantee permission to redistribute. The terms commercial use, free to use, and royalty-free often mean something different to other people. Also, there is not a good way to verify that the person making the Internet file available is even the original copyright holder.
IgalleryDirect provides an open, global Marketplace structure for artists to post their own original work for sale. IgalleryDirect vendors agree at sign-up and additionally state that each time a product is uploaded that their creations do not infringe on anyone’s Intellectual Property rights. The vendors are solely responsible for all items they upload for sale that includes, but is not limited to, the advertising images, banners, articles, sales descriptions, title, read me, and license). Proof of right to use may be requested if a copyright or Trademark owner files an official or valid legal notice.

IgalleryDirect's Policy Concerning Claims of Copyright Infringement

Due to the volume of items uploaded daily to The Gallery, IgalleryDirect may only review official claims from valid copyright and Trademark owners or their designated agents.

* Copyright Notification - Official Notification of Claim of Infringement
* Response to Claim - Official Communication of Response to Claim of Infringement

1. Both parties must attempt in good faith to resolve the problem themselves.
2.Please set forth in detail your claim to the exclusive ownership of the intellectual property in question and in detail the specific reasons why you believe the product in question infringes your intellectual property rights. Prior to making a claim, please attempt to resolve the problem directly with the artist in question. Please review the US Copyright Laws and the IgalleryDirect Copyright FAQ.
3.Upon receiving a Copyright notification of an alleged copyright infringement claim, IgalleryDirect will, within 1 business day of receipt of the Copyright Notification, suspend the availability of the challenged product in The Gallery and suspend any payment otherwise due the vendor of the challenged product.
4. IgalleryDirect will send an email communicating the claim to the complaining party and to the vendor of the challenged product. The vendor of the challenged product shall have ten (10) days thereafter to provide IgalleryDirect and the complaining party with their Response to Claim.
5. If no Response to Claim is communicated by the vendor of the challenged product within the ten (10) day period set forth above, IgalleryDirect will have the right to delete the product from The Gallery and to withhold any payment otherwise due the vendor of the challenged product.

IgalleryDirect will review all information to determine if the vendor of the challenged product is to be warned or vendor status removed. If a Response to Claim is made, the Response to Claim will be forwarded to the complaining party, and a designated agent for IgalleryDirect will examine the challenged product, the Copyright Notification and the Response to Claim.

The IgalleryDirect agent has no legal authority to determine infringement or non-infringement. Rather, the IgalleryDirect agent will examine the challenged product in a good faith effort to determine whether or not there are reasonable grounds to believe that the complaining party owns a valid copyright and that the challenged product may infringe the intellectual property rights of the complaining party.
* If IgalleryDirect's agent does not find reasonable grounds to believe that a copyright infringement may have occurred, the parties will be notified by email, and the product may be resubmitted to The Gallery at the sole discretion of IgalleryDirect.
* If IgalleryDirect's agent finds that there are reasonable grounds to believe that the challenged product may infringe the copyright of the complaining party, both parties will be notified by email, and the challenged product will be deleted from The Gallery. IgalleryDirect shall have the right to impose a $25 hourly administrative fee for the copyright agent’s review time.
IgalleryDirect shall have the right to withhold any payment otherwise due the vendor of the challenged product and shall also have the right to deposit any amount due the vendor of the challenged product into an escrow account until a court discussion is made.

Vendors agreed upon uploading to hold harmless IgalleryDirect from and against any and all claims and expenses, including refund costs and attorney's fees, if there is a breach of the upload terms and/or ownership statement. IgalleryDirect will review all information to determine if the vendor of the challenged product is to be warned or vendor status removed. It is in the best interest of both parties to try to resolve the dispute amongst yourselves. If at any time during this procedure the parties reach an agreement (such as: item being modified to satisfy the copyright holder, a percentage slip, or monetary payment agreement), IgalleryDirect will work with the parties to facilitate a faster resolve.

IgalleryDirect's Process & Repeat Infringers

1st Offense: Each copyright claim is handled individually. Many times vendors are given a second chance when the infringement appears to be minor and believed to be accidental. Depending on the circumstances, the vendor may be allowed to update the item in question and may be put on a 30 day probation period. The probation could include withholding payment for a month (to cover refunds of a questionable item), longer testing time for new products so admins can review them for copyright concerns. IgalleryDirect may choose to remove the vendor's store if infringement appears severe and / or intentional. Buyers will be notified by email from an IgalleryDirect Admin that an item is 'questionable" for copyright violations and be offered an update and/or a refund by gift certificate.

2nd Offense: IgalleryDirect will remove the vendors store and notify buyers of the item that appears to violation copyrights and offered a refund by gift certificate. Any payment due the vendor will be forfeited and used for refunds and our administrative cost for the item's sale and return.
Inconclusive: Items that have been questioned for copyright violations and which there is not clear evidence to support the claim will be deemed inconclusive. IgalleryDirect will work with the copyright holder and accused infringer to try to resolve. If there is a resolve to satisfy all parties involved, IgalleryDirect may agree to release the item back into The Store. Otherwise, the questionable item will not return to The Gallery. Buyers may or may not be notified or refunded, depending on the circumstances.
During testing, items believed to have copyright violations will be removed and the vendor notified and warned of their first copyright offense. This vendor may then go through a probation period, and other items currently in Marketplace may be removed and reviewed for possible copyright infringements. Any additional copyright concerns will be considered second offense.

IgalleryDirect reserves the right to remove a vendor's store in The Gallery or disable member account at its sole discretion. Allegations of infringement may form the basis for such removal and/or disabling. IgalleryDirect welcomes communication from all parties concerning the products available in The Gallery and the procedures by which IgalleryDirect seeks to protect the intellectual property rights of all parties.

IgalleryDirect's Policy Concerning Trademark Claims of Infringement

1. Please email info@IgalleryDirect.com to officially communicate a potential trademark infringement claim. Proof of Trademark has to be added to the official notice.

2. Upon receiving an official Notification communication via email or fax, IgalleryDirect will remove the product from The Gallery in question within 1 business day. IgalleryDirect's business hours are Mon - Fri 9am to 5pm.

3. Emails will be sent to both parties confirming the product's removal from The Gallery.

For a better understanding of copyright issues and law, please review the US Copyright Laws and, the IgalleryDirect