User Agreement:
OWNERSHIP AND USE OF MATERIALS:
The undersigned referred to hereunder as “Customer” represents and warrants to 1 STOP DIGITAL as follows:
(a) CUSTOMER is the owner of, or has the right to authorize 1 STOP DIGITAL to convert, transfer or otherwise utilize, such materials as necessary to perform its obligations under this Agreement, and the use of such materials, either by 1 STOP DIGITAL for conversion, transfer, storage or otherwise, by CUSTOMER for recording as authorized does not and will not infringe any existing copyright, violate the right of privacy, or constitute the invasion or infringement of any other personal property right of any third person, firm, corporation, or other entity;
(b) 1 STOP DIGITAL may record, reproduce, and fix any music, text, graphic images or artwork provided to 1 STOP DIGITAL by CUSTOMER to the media selected by the CUSTOMER including but not limited to all formats of computer readable, magnetic, digital, laser, or optical based media as necessary for 1 STOP DIGITAL to perform its obligations hereunder;
(c) CUSTOMER has the full right, power, and authority to enter into this Agreement;
(d) the rights to any material provided to 1 STOP DIGITAL, including all of the titles, lyrics, images and music of any, each, and every part thereof, delivered for duplication or recording by 1 STOP DIGITAL are owned by CUSTOMER;
(e) no material shall, either in whole or in part, be an imitation or copy of or infringe upon any other material, or violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights, and rights of privacy.
INDEMNIFICATION:
CUSTOMER hereby indemnifies, saves, and holds 1 STOP DIGITAL, its successors and assigns, harmless from any and all liability, claims, demands, loss and damage (including legal fees and court costs) arising out of or connected with any claim or action by a third party which is inconsistent with any of the above warranties and representations made by CUSTOMER and shall reimburse 1 STOP DIGITAL for any loss, cost, expense, or damage to which said indemnity applies, including the reasonable attorney’s fees and court costs of 1 STOP DIGITAL. 1 STOP DIGITAL shall give CUSTOMER prompt written notice of any claim or action covered by this indemnity, and CUSTOMER shall have the right, at its own expense, to participate in any such action.
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