What you need to know
Copyright can be confusing. What you need to know is that by contracting the services or by using all or any portion of the services provided by TreasureKnit, you agree to hold TreasureKnit harmless should any litigation or court order arise out of your failure to obtain copyrights of the photograph(s) used in your transaction with TreasureKnit .
By using our service, here is what you will be agreeing to :
1. RIGHTS OF THE IMAGE
I hereby certify, authorize and warrant that I own the copyright or am authorized by the owner of the copyright, or own the the rights to any of the content, photo or digital images to be uploaded to the TreasureKnit web site or sent to TreasureKnit. I have obtained signed written Releases from the owner(s) of any and all copyrighted images I will upload to the TreasureKnit web site or send to TreasureKnit.
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2. AUTHORITY TO GRANT PERMISSION
I hereby certify, authorize and warrant that I have the full authority to grant TreasureKnit the permission to reproduce, re-create, re-design, modify, or manufacture any of the content, photo or digital images I will upload to the TreasureKnit web site or send to TreasureKnit
3. PERMISSION GRANTED
I hereby certify, authorize and warrant TreasureKnit to reproduce, recreate, manufacture or modify any part of the content, photo or digital images I have uploaded to the TreasureKnit web site or sent to TreasureKnit.
4. RESPONSIBILITY FOR CONSIDERATION
I hereby certify, authorize and warrant that I am solely responsible for any consideration owed for any Release regarding the content, photo or digital images uploaded to the TreasureKnit web site or sent to TreasureKnit.
5. INDEMNIFICATION
I hereby indemnify and hold TreasureKnit, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal argument with respect to the reproduction, re-creation, redesign, modification, or but not limited to the manufacture of the content, photograph or digital image I have or contracted to be delivered to TreasureKnit, via any carrier as well as but not limited via the internet.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL TREASUREKNIT, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES BE LIABLE TO YOU OR THE ENTITY YOUR REPRESENT FOR ANY DAMAGES, CLAIM OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR SAVINGS, EVEN IF A TREASUREKNIT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIM OR COSTS FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. TREASUREKNIT'S AGGREGATE LIABILITY AND THAT OF ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES UNDER OR IN CONNECTION WITH THIS RELEASE SHALL BE LIMITED TO THE AMOUNT OF ONE ROLL OF UNEXPOSED 35MM FILM, IF ANY.
7. GENERAL PROVISIONS
If any part of this Release is found void and unenforceable, it will not affect the validity of the balance of the Release, which shall remain valid and enforceable according to its terms. The Release shall not prejudice the statutory rights of any party dealing. For example, for consumers in New Zealand who accept all provisions of this Release, the release is subject to the Consumers Guarantees Act. This release may only be modified by a writing non-electronically signed by an authorized officer of TreasureKnit. The English version of this release shall be the version used when interpreting or construing this Release. This is the main provisal for all Policies, Releases, and Agreements between you and TreasureKnit and supersedes any prior representations, discussions, undertakings, communications or advertising relating to TreasureKnit.