
INTELLECTUAL
PROPERTY RIGHTS PROTECTION
1) Customer represents, warrants, and agrees that:
-Each master recording provided to NOVA MUSIC under this license shall
be free of all liens and encumbrances.
-Customer is the owner or holder of all rights in respect of the master
recordings and related materials submitted
for replication/duplication. Nothing contained on the master recordings,
or in any related materials or artwork provided to NOVA MUSIC, shall
violate any proprietary rights of any person, including without limitation,
trademarks or copyright.
-The customer is solely responsible for all monies payable to or on
behalf of all parties rendering any services in connection with the
master recordings.
-NOVA MUSIC shall be subject to no cost, fees, royalties for or in
connection with the manufacturing of any product from the master recording,
including, but not limited to the payment of mechanical royalty or
publishing royalties.
-Customer will assume full responsibility in the event any product
manufactured hereunder is claimed to be associated with or found to
be associated with any act of crime, violence, or unlawful act.
2) Customer agrees to, and does hereby indemnify, save and hold NOVA
MUSIC (including court costs and reasonable
attorney's fees) arising out of, connected with or as a result of
NOVA MUSIC's manufacturing of any product from the master recordings,
or any claim of copyright infringement which may result. In addition
to any other rights and remedies NOVA MUSIC may have by reason of
its manufacturing of any product from master recordings, customer
shall reimburse NOVA MUSIC, on demand, for any payment made by NOVA
MUSIC with respect to any loss, damage or liability resulting therefrom.
3) As part of NOVA MUSIC's due diligence efforts in satisfaction of
RIAA anti-piracy rules, all audio CDs will be auditioned and all graphics
materials screened in the context of possible illegal manufacturing
(piracy, bootlegging, counterfeiting). Orders of a suspicious nature
will require additional detailed licensing documentation.
If order is subsequently cancelled, premastering and handling charges
will be levied.
PRINTING
Consistent with industry standards, quantities delivered are not exact
and may be 10% over or under purchase order quantities unless otherwise
agreed upon in writing.
All
our cd/cassette/dvd inserts and posters/postcards are produced in
"Gang Run" format. Limitations of this process can result
in slight color variations. Every effort is made to produce reasonable
representation based on your supplied materials, but we do not guarantee
exact color matching unless you order a custom job. Any films or printed
materials you supply to us must meet our specifications.
TERMS
Unless otherwise established with customer in advance of placing the
order and fully approved by NOVA MUSIC, all orders require a 75% deposit
with order. Balance due prior to shipment. If final payment is made
by check, product can not be released until check has cleared. 2%
late payment charge per month. All fee's and costs in connection with
collection of over due payments are customers responsibility.
RETURNED
CHECKS
A charge of $35.00 will be applied to your invoice or balance.
DELINQUENT
ACCOUNTS
If your account becomes delinquent all orders will be placed on hold
until payment in full is received. Delinquent accounts are reviewed
and credit privileges may be decreased or revoked from those who repeatedly
extend their payment beyond our terms. We reserve the right to accept
or deny credit.
CANCELLATIONS
Canceled orders will be billed for all work done and materials used
up to time of cancellation.
RETURNS/ERRORS
We stand behind our products and will replace them if we are in error.
Samples of the product in question must be submitted to us prior to
any decision. We will not be responsible for consequential damages
as the result of our error. Our liability is specifically limited
to the value of the product manufactured. We reserve the right to
request the product be returned to us for inspection or correction.
SHIPPING
All shipments will be via the most efficient method depending upon
size of order. Please supply street address rather than PO Box.
MATERIALS
NOVA MUSIC is not responsible for lost/damaged media, pictures or
other related items. Please make back-up copies before submission.
DELIVERY
TIMES
Unless otherwise confirmed in writing by NOVA MUSIC, delivery times
are estimates, and time is not of the essence.
QUOTATIONS
Special quotations are valid for 30 days. We do reserve the right
to alter telephone quotes if the item is different when we see it.
All prices are quoted subject to purchaser assuming all taxes and
charges of any nature imposed by any local, state or federal governmental
authority, which shall become payable by reason of the sale or delivery
of all products.
All
prices are subject to change without notices.
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