READ THESE TERMS CAREFULLY BEFORE COMPLETING THE ACTIVATION PROCESS FOR THE SERVICES OF PEGGYBANK.COM, LLC. BY SELECTING THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CUSTOMER AGREEMENT (THE “AGREEMENT”), AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT SELECT THE “I ACCEPT” BUTTON BELOW.
In consideration for the performance of services and preparation of deliverables (the “Project”) by PeggyBank.com, LLC, a Nebraska limited liability company (“PeggyBank.com”) for you (“Customer”), Customer represents and warrants all of the following:
Customer has discharged or paid (or will discharge and pay) each of the following: (a) Copyright: All claims and rights of the copyright holders, if any, in dramatic, musical or other material, including images, photos, clips, characteristics, dialogue and music to be used in the Project or other publications related to the Project (collectively, the “Materials”); and (b) Contracts: Allobligations, of any kind, including, without limitations, those with artists and personnel, relating to purchases, licenses, contracts, distribution, exhibition, performance or use of the Materials or contractual rights of any kind relating to the Materials or to payments of any kind as a result of the distribution or exhibition of the Materials and any taxes thereon or on thepayment thereof.
Customer further represents and warrants that (a) Customer has the full right, power and authority to use the Materials; (b) the Materials do not defame or invade publicity rights or privacy of any person, living or deceased, orotherwise infringe upon any person’s personal or property rights or any other third party rights; (c) if the Materials contain persons or third party elements not owned by Customer, Customer has the right to use such Materials; and (d) use of the Materials is not in violation of any laws or regulations.
Customer understands that the Project is for personal, noncommercial use only and Customer will not sell, trade, resell or exploit the Project for any commercial purposes. Customer is responsible for any licensing fees or royalties due for use outside of these parameters. Customer will not make use of the Project in violation of any laws or regulations, and Customer will comply in full with all copyright laws.
Customer understands that older films were often shot at varying speeds and, due to the technology available during these periods, the speeds often fluctuated and image quality may not be equivalent to the standards of today. PeggyBank.com will attempt to improve image quality but PeggyBank.com and its officers, directors and employees shall not be held liable for damages to the Materials and refunds will not be issued due to speed, focus, exposure or other damages to the Materials.
Customer understands that while reasonable care will be shown to Customer Materials, due to the nature of older media format, PeggyBank.com and its officers, directors and employees shall not be held liable for any damages due to mechanical and/or technical issues, disintegration, fire, flood, or natural disaster. In addition, Customer understands thatPeggyBank.com makes no representations or warranties as to the Project life span.
PeggyBank.com uses industry standard high quality recording media and shall not be held liable if Customer equipment is incompatible with the Project and refunds will not be issued due to incompatibility.
Customer agrees to the terms of payment outlined on the order form between Customer and PeggyBank.com and Customer understands that the Project and any Materials related to the order will be held until payment is received in full (including, but not limited to, cancellation and processing fees related to incomplete orders). Customer agrees to inform PeggyBank.com whether Customer would like the Materials returned to Customer after Project completion or if Customer would like PeggyBank.com to destroy the Materials after project completion.
Customer understands and acknowledges and hereby releases and shall defend, indemnify and hold harmless PeggyBank.com and its officers, directors, agents and employees (the “Related Parties”) from and against any and all claims, actions, liabilities, losses, damages, costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) arising from or related to any injuries, damages, liabilities, expenses and/or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, from production and/or release of the Materials and/or Project, including, without limitation, Customer’s breach of any terms or representations contained herein or the use by the Released Parties of any of the rights granted herein.
Customer understands and acknowledges that it shall defend, indemnify and hold harmless PeggyBank.com and the Related Parties from and against any and all claims, actions, liabilities, losses, damages, costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees) to the extent based on a claim brought by a third party that the Materials and/or Project infringe, misappropriate and/or violate any copyright, trademark or any other intellectual property rights.
Although PeggyBank is currently providing the PeggyVault services to [you/Customer] at no additional charge, PeggyBank reserves the right at any time to (a) discontinue the PeggyVault services or (b) charge fees for the PeggyVault services. If PeggyBank exercises its right to charge fees for the PeggyVault services, PeggyBank will provide you/Customer with the applicable fees and you/Customer will have the option of accepting these PeggyVault services for the applicable fees or declining such services.
IN NO EVENT SHALL PEGGYBANK.COM BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER PEGGYBANK.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF PEGGYBANK.COM TO CUSTOMER FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY) SHALL BE LIMITED TO THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE DATE THAT THE CLAIM ARISES. IN NO EVENT SHALL PEGGYBANK.COM’S AFFILIATES, THIRD PARTY PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER HEREUNDER.
This Agreement supersedes any prior understandings between Customer and PeggyBank.com relating to the rights granted herein and no provision of this Agreement can be modified by any other instrument, invoice or document unless in writing and signed by Customer and PeggyBank.com.
It is understood and agreed that this is a complete RELEASE and DISCHARGE of all claims and rights of Customer against PeggyBank.com and the Related Parties, and that no action will be taken by or on behalf of the undersigned with respect to any such rights.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Nebraska, excluding conflicts of law principles, and Customer consents to the exclusive jurisdiction of the Nebraska courts. Customer expressly and irrevocably submits to the jurisdiction of such courts for the purpose of any action relating to this Agreement and expressly and irrevocably waives, any objection which it may have to the laying of venue of any action brought in any Nebraska court and any claim that any action has been brought in an inconvenient forum.
Customer warrants and represents that Customer has the full right and authority to enter into this Agreement and that the terms of this Agreement do not in any way conflict with any existing commitment on Customer’s part.