COPYRIGHT AND TRADEMARK
Copyright is retained by nestboxillustration&design on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing.
By supplying text, images and other data to NBD for inclusion in the customer’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by NBD on behalf of the customer, will remain the property of NBD.
The customer may request in writing from NBD, the necessary permission to use materials (for which NBD holds the copyright) in forms other than for which it was originally supplied, and NBD may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to NBD, the customer grants NBD permission to use this material freely in the pursuit of the design.
Should NBD, or the customer supply an image, text, audio clip or any other file for use in business cards, flyers, pamphlets, web-site, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow NBD to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold NBD free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated workor required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that NBD holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by NBD, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or redistributed in any way or form without the express written consent of NBD and any of it’s relevant sub-contractors.
All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
NBD will not be held responsible for any and all damages resulting from such claims. NBD is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
The customer agrees not to hold NBD responsible for any such loss or damage. Any claim against NBD shall be limited to the relevant fee(s) paid by the customer.