- SERVICES. Client desires for Emotion Media. to render designing, programming, authoring, marketing and/or application services. Emotion Media reserves the right to refuse service to any client. Emotion Media. will not process photos that contain nudity or are sexual in nature including glamour, boudoir, etc.
- WARRANTY. Emotion Media. provides a satisfaction guarantee on each DVD . If a customer is not completely happy with the final product, revisions will be made or a full refund of the purchase price will be given. Emotion Media. makes no other warranty or representation regarding the services to be performed, derived benefits, revenues or profits and expressly disclaims any implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law.
- CONFIDENTIALITY. Emotion Media. will exercise due diligence in protecting information, and copyrighted photos. Emotion Media. will seek written permission prior to use of copyrighted photos for demonstration and promotion of Emotion Media. LLC.s products.
- LIABILITY. Notwithstanding anything else in this agreement or otherwise, Emotion Media. and any affiliated company will not be liable with respect to any subject matter of this agreement under any claim of breach of contract, negligence, strict liability or other legal or equitable theory, for any incidental or consequential damages, including, without limitation, loss of profits or revenue, loss of use of a product, cost of capital, cost of substituted services or products, down-time costs, labor costs, market shares, or claims of customers to the full extent permitted by law, even if advised of the possibility of such damages by Client.
- CONSENT TO JURISDICTION AND FORUM SELECTION. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Tulsa, State of Oklahoma. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Tulsa, State of Oklahoma shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
- DISCLAIMER. (i) Client attests that all material including written text, images, photographs, pictures, music, codes, programs, software and related documentation and other copyrighted material requested or provided to Emotion Media. is free of restriction for the intended purposes, and the publication, use, and otherwise distribution of this material by Emotion Media. does not constitute infringement of copyright. (ii) In the event that Emotion Media. is forced to defend itself against any civil or legal actions resulting from or caused by the Client's business for any reason including but not limited to copyright and other information related to this agreement, Client agrees to pay for all related costs including attorneys fees, Emotion Media's fee and other expenses and penalties.
- FINANCIAL TERMS. Invoices are created and charged to your credit card on the 20th day of each month for orders received between the 1st & 15th day of the same month. Invoices are created and charged to your credit card on the 5th day of each month to include all orders placed on or after the 16th day of the previous month. An email notification will be sent to the email address registered with your customer account to inform you when a new invoice has been created. Invoices are available online 24/7 through your customer account, which is accessible by logging into our website at www.emotionmedia.com. Customers, who wish to pay by check, must request and complete a credit application. All check or money order payments must be received within 15 days of the invoice date. Overdue accounts are subject to a late fee of $25.00, accrued monthly. Questions can be directed to our payment processing center at 918-392-0888.