DigitalCustom's relationship with its customers is an important legal relationship. By using DigitalCustom's services, a customer agrees to the following:

DigitalCustom's Liabilities/Warranties/Disclaimers:

• DigitalCustom agrees to indemnify, defend and hold its customers harmless in accordance with DigitalCustom's Intellectual Property Policies.



• DigitalCustom will seek to correct any work deficiency that a customer believes resulted from DigitalCustom's failure to follow a customer's order instructions. DigitalCustom's shall not be liable for indirect or consequential damages as a result of DigitalCustom's alleged failure to perform services satisfactorily or in a timely manner. This includes, but is not limited to, loss of profits and inability to use the work product. DigitalCustom's maximum liability is the amount that otherwise would be due for DigitalCustom's services.



• If you request that DigitalCustom purchase insurance for mailed (or otherwise transported materials), DigitalCustom will obtain the requested level of insurance. You are solely liable for any loss caused by a common carrier that is not covered by insurance.

Your Liabilities/Disclaimers:

• You agree to indemnify, defend and hold DigitalCustom harmless in accordance with DigitalCustom's Intellectual Property Policies.



• You agree to indemnify, defend and hold DigitalCustom harmless against any claim that is brought against DigitalCustom as a result of any improper use by you of materials produced by DigitalCustom.

Arbitration Agreement

Any dispute between you and DigitalCustom shall be resolved through binding arbitration in San Francisco, California under the Commercial Arbitration Rules of the American Arbitration Association. In such an arbitration, the applicable law shall be the laws of the State of California, excluding principles of conflicts of laws. Judgment based on the award may be entered by any court of competent jurisdiction. Any demand for arbitration must be made within two years after the services are performed.

Certain Content Policies

• DigitalCustom reserve the absolute right to refuse any project or to terminate any customer relationship.



• DigitalCustom does not accept projects that involve "adult sexual content" unless, in DigitalCustom's sole and exclusive discretion, the project has a substantial creative element and you provide actor/model release(s) and a supplemental indemnity agreement in a form acceptable to our legal department. The determination with respect to "substantial creative element" and the sufficiency of releases will be made at the time each order is submitted. The turnaround time for such orders will be calcuated from the time DigitalCustom approves the project.



• No DigitalCustom employee at a level lower than "Vice-President" is permitted to amend, modify or waive these terms, and any amendment, modification or waiver must be in writng.

Please contact us if you have any questions.