TERMS & CONDITIONS
Terms of use/ Intellectual Property Rights/ Privacy Policy These Terms of Use ("Terms") constitute an enforceable and binding contract ("Agreement") between you and Southest Digital. (the "Company"). Please take the time to read the These Terms before using our services where we help you to create custom designs using our imagery and/or graphics or using your own imagery and/or graphics on various products design ("Service") at www.southwestdigital.tv (the "Website"). By using our Service ("User" or "You") You agree to be bound by the terms and conditions of these Terms and all revisions for as long as you continue to be a user. You also agree to read, review, comply with, uphold and maintain the Company's Privacy Policy and the terms and conditions thereof. The following Terms are subject to change by the Company at any time, effective upon notice to You (which notice shall be deemed to have been received upon the posting of an updated These Terms on the Website). These Terms, our Website and Service are subject to all applicable federal, provincial and municipal laws. You must comply with the Terms, our policies and all applicable laws as a user.

Online Quote Information:
When you submit an online quote with us, we ask for your name, mailing address, telephone number, and e-mail address ("Personal Information"), and we respond to your e-mail address with your quote information. You provide us with this personal information on a voluntary basis, and you do not have to submit information through the internet until you are ready to use our online quote forms, which include contacting us for more information, or receiving our newsletters which may include contacting you with promotional offers, which is optional. Depending on the type of service, we may ask for additional information including company size, number of employees, and other various factors in order to estimate a more accurate quote.

Payment Information:
For payment of our services, we require cash, company check, cashiers check, money order, or online payment using payal. We ensure that every transaction made with us online is as secure and safe as possible. We utilize the on-line payment services of Paypal to provide you with a payment. For more information on Paypal â„¢, please refer to www.paypal.com.

Payment for finished work is due upon acceptance, net thirty (30) days. The Client's right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client's compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment. A $50 fee will be added for all returned checks.

Original Art:
Original art remains the property of the Southwest Digital unless expressed in the agreement. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.

Cancellation and Kill Fees:
Cancellation ("kill") fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill all rights to the art revert to Southwest Digital and all original art must be returned, including sketches, comps, or other preliminary materials.

Website Use
Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of this Website may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The intellectual property in the contents of this web Website are protected under the copyright laws of the USA and other countries. No one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the intellectual property without the express written permission of the Company. Furthermore, You shall not

• copy, distribute, transmit, sell, rent, lease, loan or otherwise make available any Content access from this Website
• use the Website or any materials obtained from the Website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
• create compilations or derivative works of any uploads, downloads, post, e-mail or otherwise transmit any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available with this Service ("Content") and Materials from the Website;
• use any Content from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of any third parties;
• remove, decompile, disassemble, reverse engineer or create derivative works from any Website software or technology used in the Service;
• use any automatic or manual process to harvest information from the Website
• use the Website for the purpose of gathering information for or transmitting unsolicited commercial email;
• use the Website in a manner that violates any applicable laws regulating e-mail, facsimile transmissions or telephone solicitations; and
• export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the USA.
• Interfere with the Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
• use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• access, tamper with or use non-public areas of the Website or assist or encourage any third party in engaging in any such prohibited activity. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
• Engage in any activity that disrupts or interferes with another user's ability to use or enjoyment of the Website or affiliated or linked Website or Service;

Intellectual Property Rights
• Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of this web Website are trade-marks and/or copyright material owned by SouthwestDigital.tv and related designs and trade-marks are owned by SouthwestDigital.tv.
• Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of this web Website may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The intellectual property in the contents of this web Website are protected under the copyright laws of the USA and other countries. No one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the intellectual property without the express written permission of SouthwestDigital.tv.
• The Company certifies that we legally own or have the legal right to use and sub-license to you images made available to You as a part of the Service. Some of the materials and graphical elements found on our Service may be subject to restrictions on the reproduction of materials or graphical elements and it may be necessary for us to seek permission from the rights holder prior to reproducing the material, and we shall be responsible to do so for any such material that we make available to you.
• The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to the Service (“Submissions”) will automatically be deemed to be assigned, granted and transferred by You to the Service upon their communication to Service, and you agree that You have no rights to the same as it becomes the property of Service. We will not be required to treat any Submission or design as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our other customer’s creations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Your Ownership of Intellectual Property Rights and License to Company
• You retain all ownership rights to images, text, graphics ("Material") that you submit for your own use to the Company, but by submitting such Material you grant the Company a non-revocable, non-exclusive, worldwide to use, reproduce, distribute, and display your Material.
• The Company is not responsible for and assumes no liability for any Material you provide to us from third parties. You shall certify to us that you have the necessary permission and grants of right (in writing) from any third party for Material you desire to use. The Company shall not be deemed to be infringing any third party rights in this regard.
• You will not unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit user content to the Service, whether articles, images, stories, software or other copyrightable material, you must ensure that such content does not infringe the copyrights nor other rights of third parties (such as privacy or publicity rights). You will not use the Service as an instrument of unlawful copyright infringement.

Warranty of Ownership
You represent and warrant that you are the owner of the material which you submit to the service and that the material does not infringe upon the property rights, intellectual property rights, including copyright, trade-mark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and other rights, and comply with all applicable laws, rules, and regulations. You further represent and warrant to Service that:
• there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content;
• the Company will be required to make any payments to any third party in connection with its use of your Material;
• the use of any instructions, formulae, recommendations, or the like contained in your Material will not cause injury to any third party; and
• Your Material does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.