Accreditation: Dance Studio Website Wizard shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by Dance Studio Website Wizard in the Deliverables on each page of the Final Deliverables.
Promotion: Dance Studio Website Wizard retains the right to reproduce, publish and display the Deliverables in Dance Studio Website Wizard’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
License: Dance Studio Website Wizard grants to the dance studio a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to the dance studio are for use of the Final Deliverables in its original form only. The dance studio may not change, create derivative works or extract portions of the Final Deliverables or resell it.
Dance Studio Content: Dance Studio Content is the exclusive property of the Dance Studio. The dance studio grants Dance Studio Website Wizard a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Dance Studio Content solely in connection with Dance Studio Website Wizard’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.
Confidentiality. Dance Studio Website Wizard will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Dance Studio Website Wizard, or divulge, disclose, or communicate in any manner any information that is proprietary to your dance studio. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Dance Studio Website Wizard will return to your dance studio all records, notes, documentation and other items that were used, created, or controlled by Dance Studio Website Wizard during the term of this Agreement.
No Exclusivity. This Agreement does not create an exclusive relationship between the parties. The dance studio is free to engage others to perform services of the same or similar nature to those provided by Dance Studio Website Wizard, and Dance Studio Website Wizard shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Dance Studio Website Wizard.
Laws affecting Electronic Commerce: The dance studio agrees that they are solely responsible for complying with laws, taxes, and tariffs that governments enact and fix from time to time in connection with Internet electronic commerce, and shall indemnify, hold harmless, protect, and defend DSWW and its subcontractors from any cost, claim, suit, penalty, or tariff, including attorneys’ fees, costs, and expenses, arising from the studio’s exercise of Internet electronic commerce.
Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Hosting Agreement: Dance Studio Website Wizard agrees to provide the dance studio with website hosting services, consisting of website server space, e-mail capability, internet access, domain name registration, and such additional services, as may be provided by Host from time to time. Host reserves the right to change or modify the features of Client’s service plan from time to time on 7 days written or e-mailed notice to Client. Client’s continued use of Host’s services after receipt of such a notice of modification shall constitute Client’s acceptance of and agreement to be bound by the Host’s modification of the terms and conditions of this Agreement.
Agreement Term: The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the month in which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
Termination by Dance Studio: The dance studio may terminate this Hosting Agreement at any time, for any reason, by contacting Host by e-mail and requesting that the dance studio’s account be canceled. In the event of a cancellation, Dance Studio Website Wizard will not refund amounts already billed for the current monthly service period in which the dance studio terminates the Agreement.
Payment Terms: Client agrees to pay Dance Studio Website Wizard an amount determined by their initial plan for the website hosting services. Dance Studio Website Wizard reserves the right to change or modify its charges for the dance studio’s plan from time to time on 1 month notice written or e-mailed to Dance Studio Website Wizard. The dance studio’s continued use of Dance Studio Website Wizard’s services after receipt of such a notice shall constitute the dance studio’s acceptance of and Agreement to be bound by Dance Studio Website Wizard’s modified charges for its services. Additional charges for add-on services not included in the original plan will be made as mutually agreed upon.
Payment Schedule: The dance studio agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Host. If any
Indemnification: The dance studio agrees to defend, indemnify, and hold Dance Studio Website Wizard harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Dance Studio Website Wizard that may arise or result from any Service provided or performed or agreed to be performed or any product sold by the dance studio. The dance studio further agrees to defend, indemnify, and hold harmless Dance Studio Website Wizard against liabilities arising out of:
(a) Any liability to Dance Studio Website Wizard arising by virtue of any use of Dance Studio Website Wizard’s services by the dance studio for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to the dance studio;
(c) Any material supplied by the dance studio infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by the dance studio, or violation by the dance studio of intellectual property rights of any other party; and
(e) Any defective product which the dance studio sold or distributed by means of Services.
The dance studio agrees that the liability limit of Dance Studio Website Wizard shall in no event be greater than the aggregate dollar amount which the dance studio paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.