Terms and Conditions of Use
For the purposes of this document, “company” is defined as Nashville Music Design, “NMD”, “designer” or “design firm”. The following are terms of a legal agreement (“Agreement”) between you and Company. These terms and conditions apply to a user (“user”, “client”, “you” or “your”) who accesses, browses and/or otherwise uses this Web site (“Site”) and/or the services provided by this Site (“Services”). By accessing, browsing and/or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. Please read this Agreement carefully as it governs your use of the Services and this Site.
Links from our Site
Client represents, warrants and covenants to NMD that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content is accurate, legal, conforms to ethical standards of the Client’s industry, does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the Terms and Conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables. Client agrees to indemnify, save and hold harmless NMD from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement.
Usage Rights and Intellectual Property:
Many Clients assume that when they pay a Designer/Design Firm as an independent contractor to do work for them, the Client will automatically own all Intellectual Property Rights in the Designer’s Work Product. This is not correct. The Designer retains ownership of the Intellectual Property unless and until the Designer signs a written agreement that transfers ownership of the Intellectual Property to the Client. Upon completion of the Services, and expressly conditioned upon full payment of all fees and costs due, NMD will however grant to Client, the exclusive, perpetual and worldwide right and license to use, reproduce and display the Final Works solely in connection with the Project as defined in the Proposal. The rights granted to Client are for usage of the Final Works in their original form ONLY. Client may not crop, distort, manipulate, reconfigure, mimic, animate, edit, extract portions, intentionally alter the color of the Final Works, or otherwise create derivative works based on the Final Works. Any additional uses will require separate pricing. All other rights, including Copyrights, are reserved by NMD.
50% of the Project total is due on the signing of the Design Proposal. The remaining 50% is due “Net 15” upon Client’s receipt of all Deliverables.
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