DigitalCustom's relationship with its customers is an important legal relationship. By using DigitalCustom's services,
a customer agrees to the following:
- DigitalCustom agrees to indemnify, defend and hold its customers harmless in accordance with DigitalCustom's Intellectual
- DigitalCustom will seek to correct any
work deficiency that a customer believes resulted from DigitalCustom's failure to follow a customer's order instructions. DigitalCustom's shall not be liable for
indirect or consequential damages as a result of DigitalCustom's alleged failure to perform
services satisfactorily or in a timely manner. This includes, but
is not limited to, loss of profits and inability to use the work product. DigitalCustom's maximum liability is the amount that otherwise
would be due for DigitalCustom's services.
- If you request that DigitalCustom purchase insurance for mailed (or otherwise transported materials),
DigitalCustom will obtain the requested level of insurance. You are solely liable
for any loss caused by a common carrier that is not covered by insurance.
- You agree to indemnify, defend and hold DigitalCustom harmless in accordance with DigitalCustom's Intellectual
- You agree to
indemnify, defend and hold DigitalCustom harmless against any claim that is brought
against DigitalCustom as a result of any improper use by you of materials produced by DigitalCustom.
Any dispute between
you and DigitalCustom shall be resolved through binding arbitration in San Francisco,
California under the Commercial Arbitration Rules of the American
Arbitration Association. In such an arbitration, the applicable law
shall be the laws of the State of California, excluding principles
of conflicts of laws. Judgment based on the award may be entered by
any court of competent jurisdiction. Any demand for arbitration must
be made within two years after the services are performed.
Certain Content Policies
- DigitalCustom reserve the
absolute right to refuse any project or to terminate any customer
- DigitalCustom does not accept
projects that involve "adult sexual content" unless, in DigitalCustom's sole and exclusive discretion, the project
has a substantial creative element and you provide actor/model release(s) and a supplemental indemnity agreement in a form acceptable to our legal department. The determination with
respect to "substantial creative element" and the sufficiency of releases
will be made at the time each order is submitted. The turnaround time
for such orders will be calcuated from the time DigitalCustom approves the project.
- No DigitalCustom employee at a level lower than "Vice-President" is permitted to amend, modify or waive these terms, and any amendment, modification or waiver must be in writng.
Please contact us if you have any questions.