Image Terms and Copyright Release
What you are agreeing to when you check the box for copyright release with your order of a custom image acoustic panel:
- We will never use, sell, promote, or print any of your images without you prior written consent – it’s your work and it can’t be used in any way without your permission. However, some of the most impressive acoustic panels we've made have come from custom image panels. We may ask your permission to photograph your finished panels.
- The files you upload are stored on our secure servers. We may keep a back-up of the final, print ready image in our files in case you need a reprint or your piece is damaged in shipment. If you want us to permanently delete your images from our server please let us know. Do not provide us with the original or only copy of an image. We may not be able to provide you with a copy of the artwork you supplied us, as we do not always retain copies of customer provided images.
Custom Image Terms: For good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, and intending to
Be legally bound hereby, the parties agree as follows:
One Wish LLC, doing business as Audimute (“Audimute”) uses and reproduces materials provided to it by it’s customers (“Customers”) including, but not
limited to, photographs, art, logos, trademarks, copyrights, illustrations, graphics, text, names and/or images (collectively, the “Image(s)”) to deliver
custom acoustic panels (the “Panels”).
Audimute assumes no responsibility for determining the proper ownership or proper use of the Image(s). Customer represents and warrants to Audimute
that: (i) Customer owns all right, title and interest in and to, or has obtained any and all authorizations or approvals necessary (e.g., from the
photographer, artist or designer) to use, reproduce, distribute, transmit, perform, display, edit, modify, adapt, translate, exhibit, publish, and create
derivative works from the Image(s) in connection with the Panels (individually or collectively, “Use”); and (ii) the Image(s) and the Use of Image(s) on the
Panels, do not and will not infringe or violate any intellectual property, proprietary or other rights of any third party.
Audimute reserves the right to refuse to create Panels for a Customer when it is determined that an Image does not meet Audimute’s standards, in
Audimute’s sole discretion.
Customer agrees to indemnify, defend, and hold harmless Audimute, its members, managers, shareholders, directors, officers, employees, agents,
successors and assigns with respect to any claim, demand, cause of action, debt, expense or liability, including reasonable attorneys’ fees, to the extent
arising from (i) Use of the Image(s) or any element thereof (ii) a material breach of any of Customer’s representations, warranties or agreements
hereunder; or (iii) a claim that the Image(s), or any element thereof, infringes or violates any intellectual property or other proprietary right of any third
party. This indemnification will survive the termination or expiration of our business relationship and remain in effect after delivery of the Panels and shall
be binding upon the parties hereto and their successors and assigns.
Customer hereby grants to Audimute a non-exclusive, irrevocable during the term of the applicable intellectual property rights, worldwide, royalty free
license, with rights of sublicense and assignment, to Use the Image(s) as necessary to deliver the Panels.