Copyright Terms and Agreement
The Client unconditionally guarantees that any element of text or graphics furnished to Mallory Rock for inclusion in the design does not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Mallory Rock from any claim or suit arising from the use of such as furnished by the client.
Mallory Rock makes every effort to produce original designs. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, The liability of Mallory Rock is limited only to a refund of the paid amount. Mallory Rock will do no research checking on the legal availability of the name or title for which we are creating designs. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a trademark to protect the rights to any name or image. Mallory Rock will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name, book title, or image.
The final artwork is licensed to the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Copyright for artwork is retained by Mallory Rock and the Client has unrestricted, royalty-free use of these images. Full copyright can be obtained by the Client for an additional cost. Until the contract is paid in full, all materials remain property of Mallory Rock.
Mallory Rock retains the right to display the artwork in their portfolios and marketing materials. Mallory Rock often includes the search for, and purchase of stock images to be used in the creation of the Client’s design. In such case, unless otherwise arranged, all stock images are used under royalty-free license of Mallory Rock. As such, the Client has legal rights to use the stock images only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost.
All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, Mallory Rock will retain exclusive copyright and ownership of all design and draft materials. Unrestricted, royalty free use of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, Mallory Rock retains ownership of all draft materials not used in the final design.