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Our
Representations, Warranties and Indemnities With Respect To Intellectual
Property:
- DigitalCustom represents that it owns, controls, and has the right to license or assign, all right, title and interest in DigitalCustom's work product, including but not limited to creative work performed by DigitalCustom employees, contractors and affiliates.
- DigitalCustom will not include unlicensed third-party intellectual property in its projects.
- DigitalCustom will disclose all licensed elements to its customers and, upon request, will provide evidence of its licenses.
- DigitalCustom will defend,
indemnify and hold its customers harmless for any suits or liabilities arising
out of third-party claims that our work has infringed upon that parties'
rights ("our work" includes only elements of the project that were
created by DigitalCustom or incorporated by DigitalCustom from sources selected by DigitalCustom and not supplied by its customer).
- Aside from the
express representations, warranties and indemnities stated above,
DigitalCustom makes no other representations, warranties or indemnities with respect
to intellectual property. All other rights are expressly reserved.
- DigitalCustom does not give legal advice. Information provided by DigitalCustom on copyright, trademark, privacy, etc. is furnished solely to facilitate legal compliance by DigitalCustom.
- Designation
of Notification Agent.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C.
§§ 512 et seq., DigitalCustom Group, Inc. designates
Ellen Ruth Fenichel, Esq., 652 Main Street, 6th Floor, Cincinnati, Ohio 45202, tel. (513) 651-4108, e-mail: efenichel@digitalcustom.com,
as its agent for intellectual property notifications.
Your Representations, Warranties
and Indemnities With Respect To Intellectual Property:
- You will submit
to DigitalCustom only material that you are legally entitled to copy, modify,
edit or otherwise use in the manner requested of DigitalCustom.
- You represent
and warrant that your submissions to DigitalCustom do not violate the rights
of any third-party and that you are duly-authorized to submit such
materials for manipulation, editing and other services that you instruct
DigitalCustom to perform.
- If DigitalCustom requests,
you will provide evidence of DigitalCustom's right to work on any image or element.
- You will defend,
indemnify and hold DigitalCustom harmless for any suits or liabilities arising
out of third-party claims that your submitted materials (or any derivative
product thereof, including the product of DigitalCustom's work) has infringed
upon that parties' rights ("your submitted materials" includes elements
of the project that were supplied by you to DigitalCustom).
- You make no other
representations, warranties or indemnities with respect to intellectual
property. All other rights are expressly reserved.
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