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These
Terms of Use establish the terms under which DigiLab will perform your
design services project. The general DigiLab Terms of Use, available
at http://www.mydigilab.com/ , are incorporated by reference into and
made a part of these Design Services Terms of Use, except to the
limited extent that the general DigiLab Terms of Use are expressly
modified below.
By requesting a Design Services project from DigiLab, you agree to be
bound by these Terms of Use. Please read them, and the general DigiLab
Terms of Use incorporated herein, carefully. If you do not wish to be
bound by the Terms of Use, DigiLab will not be able to perform Design
Services for you.
GENERAL
TERMS APPICABLE TO DIGILAB DESIGN SERVICES
a. If you are requesting a Design Services project on behalf of any
business, organization, or other entity of any kind, you represent and
warrant that you are authorized to accept these terms on its behalf
and to bind such business, organization, or entity to these Terms of
Use.
b. If you provide DigiLab with any text, images, designs, or other
content for incorporation into your Design Services project, you
unconditionally represent and warrant that you have all appropriate
and necessary right and authority to use such text, images, designs,
or other content and that your use will not infringe any trademark,
copyright, or other right of any other party.
c. DigiLab does not guarantee that your design will not have
similarities to designs prepared by DigiLab for other parties. You are
obtaining no right or claim of any kind to any individual design
element or elements provided by DigiLab and DigiLab reserves the right
to use the same or similar design elements in other design projects
for other parties in the future. Except for (i) Design Services
project content provided to DigiLab by you and (ii) the limited rights
provided under Sections 2 and 3 below, all rights in all Design
Services work product, including both final designs and all interim
and draft designs, are retained by DigiLab and your right to use any
design prepared by DigiLab is limited to the finished printed products
as they are supplied by DigiLab.
d. DigiLab reserves the right, in DigiLabs sole discretion, to refuse
to accept any Design Services project or to terminate any Design
Services project prior to completion at any time and for any reason.
You agree that DigiLab shall have no liability of any kind to you or
to any third party arising from the refusal or termination.
e. DigiLab reserves the right to make changes to these Terms of Use
and to the products and services offered by DigiLab Design Services at
any time without prior notice. You should review these Design Services
Terms of Use, and the incorporated general DigiLab Terms of Use, each
time you access the Design Services site.
Terms Applicable to High Resolution Image Creation Services
If your Design Services project involves the creation and delivery to
you of a higher resolution version of a lower resolution image
uploaded or otherwise provided by you, you acknowledge and agree to
the following:
a. You unconditionally represent and warrant that you have all
appropriate and necessary right and authority to create and use a
higher resolution image version of the image you provide to DigiLab
and that your use of the higher resolution image will not infringe any
trademark, copyright, or other right of any other party.
b. Upon payment in full of all design fees owed to DigiLab, DigiLab
will make available the higher resolution image artwork to you for
your royalty-free use. The image artwork will be made available to you
in a mutually agreed format. Please check the Design Services site or
consult a Design Services Account Representative for a list of
available formats.
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