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This agreement applies to all materials, including film, storage media and artwork, submitted by (“the Client”) to Color Folio, including officers, employees and representatives, and affiliates of Color Folio.
By submitting materials to Color Folio, the Client is granting a license to Color Folio to use such materials in order to perform the activity requested by the Client and thus waives any claims against Color Folio for infringement of the Client’s copyright, trademark or intellectual or property interests in materials submitted in the performance of the requested activity. The Client also represents and warrants that submitted materials do not violate or infringe upon the copyright, trademark or intellectual property rights of any third parties. If a third party claim is brought against Color Folio as a result of any interests in the material submitted by the Client, the Client agrees to hold harmless and indemnify Color Folio against all such claims.
Color Folio makes all reasonable efforts to ensure that all materials are handled with care but acknowledges that such materials may become damaged in the course of handling and processing. By submitting materials to Color Folio, Client assumes this acknowledged risk and agrees that the liability of Color Folio to these submitted materials is limited to the replacement of the raw materials (or their value) used to create the original material.
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