"Intellectual Property": means all trademarks, service marks, copyrights, patents, designs, whether registered or applied for, belonging to either party and shall also include any business ideas, technological know-how, trade secrets, software programs and specifications belonging to either party capable of legal protection whether they be the subject matter of any statutory registration or not.
The Customer shall solely and exclusively own all Intellectual Property in and to any Completed Job developed under this Agreement by the Service Provider for the Customer and any work product or other Intellectual Property created or delivered pursuant to or in connection with any Job Order (all the foregoing, collectively, the “Work Product”). The Service Provider further agrees to assign, and hereby assigns to the Customer, all right, title and interest in and to the Work Product, including, without limitation, all rights under any applicable patents, copyrights, trademarks and other intellectual property rights. The Customer hereby grants the Service Provider a fully paid, royalty free, non-exclusive right and license to use such Work Product solely for purposes of performing the Services here under.
The Customer shall keep the Service Provider defended, held harmless and indemnified against any third party claim, loss, proceeding, damage or liability (collectively “Claim”) Service Provider may suffer or incur as a result of the use of fonts, art, logos, instructions, training materials, access to third-party web sites or any other Intellectual Property or other materials provided to the Service Provider by the Customer for work on the Customer’s behalf or specific written instructions from the Customer as to the specific wording or graphics to be included in the Completed Job, except to the extent that such Claim arises out of changes to the material introduced by Service Provider without the authorization of Customer.
Each party shall defend, hold harmless and indemnify the other party, its parents and affiliates, and their respective officers, directors, employees, agents, and representatives for any Claim arising out of the other party’s breach of its warranties.
Service Provider shall defend, hold harmless, and indemnify Customer, its parents and affiliates, and their respective officers, directors, employees, agents, and representatives for a Claim of infringement of patent, trademark, copyright or other intellectual property rights of a third party in connection the Services.
Limitation of Liability
NOT WITHSTANDING ANYTHING TO THE CONTRARY, THE LIABILITY OF EACH PARTY SHALL BE LIMITED TO DIRECT DAMAGES NOT EXCEEDING THE TOTAL AMOUNT PAID OR PAYABLE BY THE CUSTOMER TO THE SERVICE PROVIDER UNDER THE ADVERTISING ORDER IN RESPECT OF WHICH THE LIABILITY AROSE. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EITHER FOR BREACH OF WARRANTY OR FOR THIRD PARTY CLAIMS UNDER ANY THEORY OF LIABILITY, WHETHER UNDER TORT OR CONTRACT, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FOREGOING LIMITATIONS SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS HEREUNDER
Because of copyright laws, it is important that you only include in your designs words, pictures and fonts that you are legally entitled to use. All copy, designs, images and fonts that 2adprostore uses follow the copyright laws and are royalty free.
2adprostore and its partners accept no legal responsibility for any breach of copyright caused by files that we have been supplied by our customers. Please click the check box to show that you have read and understood this disclaimer, and that all your files meet this requirement.
Images used for print need to be high-resolution and up to 300 dots per inch (DPI) and between 72-600 DPI for digital. The resolution of an image cannot be improved if the supplied images are of low quality. We will use images supplied in a way that ensures they print well, but this may mean that we are limited in how we can use low-resolution images. 2adprostore will always use high resolution images per standards for print and digital. Please click the check box to confirm that you have understood this.
“Please review the products, number of versions and price details before submitting the order. Orders once paid /submitted orders can be cancelled within 2 hours of submission. Once the 2-hour window has passed the order will move to the design queue and work on your order will start to ensure delivery within the agreed deadline”.