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Restoration Marketing DBA Print Creations Inc. is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Grammar, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size
TIME OF COMPLETION: Designer will take all reasonable actions to complete the Print Design Services within 10 business days (excluding shipping time), however, Client acknowledges and that delays in Designer receiving revisions and/or materials from Client may slow completion of the Services. Printed materials will be shipped within 5-15 business days after being printed.
OWNERSHIP OF PREPARED MATERIALS: Except those items described below, all materials, including the Custom Graphics, prepared by Designer for Client (the "Prepared Materials") shall be considered the exclusive property of Client. Designer hereby assigns and transfers any and all rights, title and interest that he/she may have in the Prepared Materials, including any rights under copyright law, to Client. The Prepared Materials do not, however, include any items or materials that pre-existed this Agreement ("Pre-existing Materials"). Designer hereby gives Client a nonexclusive, worldwide, royalty-free license to use, execute, display or perform any Pre-Existing Materials included or contained in the Prepared Materials. Client acknowledges and agrees that Designer may include the Print Designs or any of the other Prepared Materials in Designer's portfolio.
CLIENT REPRESENTATIONS. Client represents and warrants that the text, graphics, and photographs provided to Designer for the Print Materials are owned or licensed by Client, and that Client is authorized to use and display such items in the manner contemplated by this Agreement. Client shall be solely responsible for the Print Materials and the validity of copyrights, trademarks and ownership claimed by Client. Client agrees to indemnify and hold Designer harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result in whole or in part, from: i) any infringement or any claim of infringement, of any trademark, copyright, trade secret, or negligence arising from any of the text, graphics, and photographs provided by Client, ii) any claim by a third party regarding any services or products sold or otherwise distributed by Client, its employees or agents, or iii) any claim, suit, penalty, tax or tariff arising from Client's use of the internet or electronic commerce.
TERMINATION OF CONTRACT: In the event Client cancels or terminates this Agreement before Completion of the Services, Designer shall be paid by Client for all expenses incurred. No refunds are provided.
CUMULATIVE RIGHTS: The Parties' rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.
WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Client and Designer.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and Miami-Dade County.
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