Terms & Condtions
This Service Agreement is made between Touchstone Press & Media LLC (the "Service Provider") and you (the "Client"). The following terms and conditions govern the Service Provider's provision of marketing services to the Client. By signing this agreement, the Client agrees to these terms and conditions.
RIGHTS AND LICENSES
The Service Provider's services include the creation and distribution of marketing materials and content (referred to as "Work") to promote the Client's products and services. The Work may include a variety of intellectual property components classified as follows:
Client Content: This contains items provided by the client, such as text, photos, and other media, for use in marketing materials. The client keeps all rights to their work, including copyright.
Service Provider's Work Product: This includes marketing materials, designs, and other content developed by the Service Provider or its contractors during the course of providing services. The Service Provider retains ownership of the work output.
Service Provider Property: This includes the Service Provider's logos, trademarks, and other proprietary features utilized in marketing materials. The Service Provider retains complete control of these properties.
Third-Party Property: This refers to content licensed from third parties for use in marketing materials. Ownership of such third-party property remains with the third parties.
During the course of this agreement, the Client authorizes the Service Provider the required rights and permissions to use the Client's content for the creation and distribution of marketing materials. This includes the right to display, reproduce, and alter the Client's content as required to carry out the services.
FULFILLMENT OF SERVICES
Before beginning the services, the Client must supply all relevant resources, such as content and payment, to the Service Provider. The Client's material must be compliant with all applicable laws and regulations, and the Service Provider reserves the right to conduct a content evaluation to ensure this.
The Service Provider will give the Client the chance to examine and approve the completed marketing materials before they are distributed. The Client is responsible for validating the materials' accuracy and completeness.
WARRANTIES
The Client represents and guarantees that they have the legal authority to engage into this agreement and provide the required rights to the Service Provider. The Client also agrees that their content does not infringe on third-party rights or violate any laws or regulations.
The Service Provider promises that they have the required rights to deliver the services and that the marketing materials will be prepared with care and professionalism.
LIABILITY
To the greatest extent permissible by law, neither party will be liable for any indirect, consequential, or special damages originating from or related to this Agreement.
TERMINATION
This Agreement shall take effect on the Effective Date and shall continue until terminated by either party with prior written notice. All rights and permissions granted under this agreement will expire upon its termination.
MISCELLANEOUS
This Agreement is the full agreement between the parties and replaces all previous agreements or understandings. This Agreement is subject to the laws of the State of New Mexico. Any legal action arising from this Agreement shall be taken solely in federal or state courts in the County of Santa Fe, State of New Mexico.
Please review the agreement carefully and reach out if you have any questions or concerns.