Following are the terms and conditions of the services DesignByDuke provides:

Privacy Statements	Terms of Custom Photography Services
Model Release	Terms of Graphic Design and Advertising Services
Terms of Web Design Services	Stock Photography Rights and Conditions

 

Privacy Statement

DesignByDuke.com collects only aggregate information pertaining to visitors to its network of sites. DesignByDuke.com uses this information to help improve its web site and services, and to customize the content of its pages for its regular viewers.

DesignByDuke.com does not sell or commercially make available specific information about its users or members other than in aggregate form, except in cooperation with law enforcement bodies in regards to violations of applicable laws.

DesignByDuke.com maintains a database of member information which is used only for internal purposes such as advertising & technical support.

Any DesignByDuke.com member may remove their information from our database at any time by sending an email to: customerservice@DesignByDuke.com with the word "remove" in the subject line

 

Terms of Web Design Services

Grant of rights. Upon receipt of full payment, DesignByDuke Webstudio grants to the Client rights in the project for use as described on Design/Production Agreement. If the Client wishes to make any additional uses of the designs, Client agrees to seek permission from DesignByDuke Webstudio and make such payments as are agreed to at that time.

Ownership rights. DesignByDuke Webstudio retains ownership of all original assets and designs whether preliminary or final.

Cancellation. In the event of cancellation of the project, ownership of all rights and the original assets shall be retained by DesignByDuke Webstudio. A cancellation fee for work completed, based on the contracted price and expenses already incurred, shall be paid by the Client.

Delay of project. In the event of a delay of the project on the part of the Client for more than thirty (30) days, DesignByDuke Webstudio reserves the right to invoice the Client, and the Client shall pay for all work completed and expenses incurred to date.

Releases. Client shall indemnify DesignByDuke Webstudio against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses which exceeded authority granted by a release.

Arbitration. Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of DesignByDuke Webstudio.

 

Terms of Graphic Design and Advertising Services

Grant of rights. Upon receipt of full payment, DesignByDuke Webstudio grants to the Client rights in the project for use as described on Design/Production Agreement. If the Client wishes to make any additional uses of the designs, Client agrees to seek permission from DesignByDuke Webstudio and make such payments as are agreed to at that time.

Ownership rights. DesignByDuke Webstudio retains ownership of all original assets and designs whether preliminary or final.

Cancellation. In the event of cancellation of the project, ownership of all rights and the original assets shall be retained by DesignByDuke Webstudio. A cancellation fee for work completed, based on the contracted price and expenses already incurred, shall be paid by the Client.

Delay of project. In the event of a delay of the project on the part of the Client for more than thirty (30) days, DesignByDuke Webstudio reserves the right to invoice the Client, and the Client shall pay for all work completed and expenses incurred to date.

Releases. Client shall indemnify DesignByDuke Webstudio against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses which exceeded authority granted by a release.

Arbitration. Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of DesignByDuke Webstudio.

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Terms of Custom Photography Services

Grant of rights. Upon receipt of full payment, DesignByDuke Webstudio grants to the Client rights in the project for use as described on Design/Production Agreement. If the Client wishes to make any additional uses of the designs, Client agrees to seek permission from DesignByDuke Webstudio and make such payments as are agreed to at that time.

Ownership rights. DesignByDuke Webstudio retains ownership of all original assets and designs whether preliminary or final.

Cancellation. In the event of cancellation of the project, ownership of all rights and the original assets shall be retained by DesignByDuke Webstudio. A cancellation fee for work completed, based on the contracted price and expenses already incurred, shall be paid by the Client.

Delay of project. In the event of a delay of the project on the part of the Client for more than thirty (30) days, DesignByDuke Webstudio reserves the right to invoice the Client, and the Client shall pay for all work completed and expenses incurred to date.

Releases. Client shall indemnify DesignByDuke Webstudio against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses which exceeded authority granted by a release.

Arbitration. Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of DesignByDuke Webstudio.

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Stock Photography Rights & Conditions

Model Release

For good and valuable consideration, receipt of which is hereby acknowledged I consent that DesignByDuke.com, its legal representative, successors or assigns, shall have the absolute right and permission to copyright, publish, use, sell or assign any and all photographic portraits or pictures of me taken on this date, whether apart from or in connection with, illustrative of written printed matter, story, or news item, or for trade, advertising or for any other purposes in conjunction with my own or a fictitious name, or in reproductions thereof in color or otherwise.

I hereby release, discharge, and agree to save harmless their legal representatives or assigns and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, which may occur or be produced in the taking of said picture or and the publication thereof.

I hereby waive any right that I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.

I hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release, prior to its execution, and that I am fully familiar with the content thereof.

Date ____________________________________________

Model __________________________________________

Address _________________________________________
Street City

Phone __________________________________________

Guardian ________________________________________
(If model is under legal age) Agency

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