Terms and Conditions | Terms and Conditions |
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IndemnificationCLIENT agrees that it shall defend, indemnify, save and hold eMay-Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against eMay-Design, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sole by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless eMay-Design against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with eMay-Design’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold on a Web site. Laws Affecting Electronic CommerceThe CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend eMay-Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce. Although eMay-Design will assist and advise in the setup use of credit cards transactions on-line when so contracted, it is solely the responsibility of the CLIENT to be aware of security issues involved in the acceptance of credit cards and other forms of monetary transactions via the Internet. Copyright to Web PagesCopyright to any finished assembled work produced by eMay-Design is owned by eMay-Design until final payment of CONTRACT has been made. Upon payment in full eMay-Design relinquishes copyright of the design, graphics, and text contained in the finished assembled website that are owned by eMay-Design. Materials not owned by eMay-Design remain the property of their respective owners. Rights to photos and graphics not used in the finished product as well as source code, work-up files, and computer programs are specifically not transferred to the CLIENT. Unless otherwise stipulated, eMay-Design and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Authorship CreditCLIENT may select that eMay-Design includes a byline and link on the bottom of their Web Page establishing authorship credit. This byline is upon agreement by both CLIENT and eMay-Design and must be removed at any time upon written request by eMay-Design. Non-DisclosureeMay-Design, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this CONTRACT disclose any Confidential Information to any person whatsoever. |
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