The client represents to Deasil and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Deasil for inclusion in the web site are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Deasil from any claim or suit arising from the use of such elements furnished by the client. All graphics, photos and text provided by Deasil are the property of Deasil and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between Deasil and the client. Deasil guarantees that they have received the proper rights and/or licenses for any text, graphics, photos, designs, trademarks or other artwork to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both the client and Deasil that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the web site, unless the client receives direct authorization from the 3rd party. It is the responsibility of the client to make sure that the required source acknowledgements are placed with appropriate elements. Copyright to the finished assembled work of individual web site pages produced and designed by Deasil is owned by Deasil. This ownership is to include rights to the design, any photos or graphics supplied by Deasil, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the client is assigned a license to use on a single web site the design, graphics, and text contained in the finished assembled web site.
The membership service resides on a Deasil platform and remains the property of Deasil. The supplied the client content and the membership user base remains the property of the client. All software and/or applications used to provide the membership service on both the client and Deasil domains remains the property of Deasil. All patentable and unpatentable inventions, discoveries, ideas, source code, materials, and other intellectual property (hereinafter “materials”) which are developed by Deasil for the client under the terms of this contract shall be deemed to be works made for hire, and shall belong exclusively to Deasil, and Deasil shall be the sole owner of all copyrights, patents, inventions, discoveries and trade secrets in the same, including the right to change, edit, and distribute same throughout the world. To the extent that any materials may not be deemed works made for hire, the client hereby irrevocably assigns to Deasil all its right, title, and interest therein.
The client agrees to the placement of a small link/icon of a specified size of 50×50 pixels to at the bottom of their web site footer element advising visitors that the site is developed and maintained by Deasil. The link shall go to the Deasil website home page or another page of Deasil’S choosing, advising visitors about Deasil’s website maintenance services. The link shall stay in place while changes and made by Deasil are used by the client.