INTELLECTUAL PROPERTY

All content included on or in this Web Site or the Printed Magazine Lowcountry Underground, including all text, photos, logos, graphics, advertisements, or computer code, and the arrangement and selection of such content, are protected by copyrights, trademarks, and/or other intellectual property rights of Lowcountry Underground Magazine and/or its third-party content providers. Absolutely NO PART of this Web Site or the Printed Magazine, nor any portion may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted in writing by /Lowcountry Underground Magazine or under copyright law. ALL CONTENT IS THE INTELLECTUAL PROPERTY OF LOWCOUNTRY UNDERGROUND MAGAZINE, unless obtained from third-party content providers.

Fees paid for advertising are for placement only, any and all designing or production of ads for placement remain the sole property of Lowcountry Underground Magazine. At no time does monthly payment for ad placement constitute or convey ownership of original designs or intellectual property.

Disclaimer of Warranty, Limitation of Liability
1. No Warranty. This contract INVOLVES THE SALE OF SERVICES AND GOODS by and or Lowcountry Underground and makes no warranties, express or implied, about the and or Lowcountry Underground designs or related services. and or Lowcountry Underground provides all services performed hereunder on an "AS IS" basis, without any warranty of any kind, to the maximum extent provided by law. Without limiting the foregoing, and or Lowcountry Underground does not guarantee the number of persons who will view or use your design. and or Lowcountry Underground SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON- INFRINGEMENT. ALL DEPOSITS AND PAYMENTS ARE NON REFUNDABLE.
2. IN NO EVENT SHALL and or Lowcountry Underground BE LIABLE TO YOU, YOUR AGENTS, EMPLOYEES, OR ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) IN CONNECTION WITH ANY DESIGNS PLACED WITH and or Lowcountry Underground , EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. and or Lowcountry Underground’ SOLE LIABILITY TO YOU OR ANY OTHER PARTY WITH RESPECT TO ANY ERROR OR OMISSION RELATING TO DESIGNS OR THE PUBLICATION OF ANY WEB SITE, DESIGN, OR ADVERTISEMENT WITH and or Lowcountry Underground SHALL BE THE PROMPT CORRECTION OF SUCH ERROR OR OMISSION PRIOR TO PUBLICATION OR PRINTING. CLIENT IS RESPONSIBLE FOR APPROVING ALL WORK PRIOR TO PRODUCTION. and or Lowcountry Underground SHALL HAVE NO LIABILITY WHATSOEVER FOR ERRORS NOT DIRECTLY CAUSED BY and or Lowcountry Underground. IN NO EVENT WILL and or Lowcountry Underground’ LIABILITY HEREUNDER EXCEED THE PRICE PAID FOR THE ADVERTISEMENT WHICH IS THE SUBJECT OF THE CLAIM.

Terms of Service
Where a commercial agreement is silent with regard to one or more practices, terms and conditions apply, as the Trade Customs areas are used to interpret the understanding of the parties. It should be clearly understood that the Terms and Conditions, Copyright Laws, as well as Trade Customs protect both parties in a commercial agreement. It is, therefore, the responsibility and obligation of involved parties to understand their content and meaning. and or Lowcountry Underground assumes clients are aware of current and existing copyright laws. Client shall be deemed to have agreed to terms and conditions contained herein upon performance or part performance by and or Lowcountry Underground under this contract, work order, invoice or purchase order. In the event of conflict with any terms or conditions in any contract or purchase order used by Client, or invoices used by , the terms and conditions contained herein shall prevail.
Clarification of terms:
Client = Customer (you)
Publisher/Designer = and or Lowcountry Underground (me)
Printer = third party printer/service bureau

1. Estimate
(Defined as:) "A preliminary projection of cost which is not intended to be binding." Estimates are based upon prevailing wages, the anticipated hours of work and the cost of materials and supplies necessary to produce work in accordance with preliminary copy, style and specifications and are not binding upon the designer unless a firm quotation has been issued.
and or Lowcountry Underground will provide a price estimate -- in place of a bid -- for any project in the conceptual stage. ' rate for design is $75 per hour, and production is $45 per hour. (See Overtime for further design pricing.)
2. Quotation
(Defined as:) "A fixed price for producing a given project." A quotation is firm unless otherwise specified. Quotations are subject to acceptance within 30 days and are based on the cost of labor and materials on the date of the quote. If changes occur in the cost of materials, labor or other costs prior to acceptance, the right is reserved to change the price quotes. Subsequent projects will be subject to price revision if required. Quotations do not include alterations or applicable sales tax unless otherwise specified.
and or Lowcountry Underground will only provide price quotations in writing, and only after a specific project has been sufficiently described. Any pricing given that does not include the wording "quote" or "quotation," or is not written, will not be considered a binding agreement in terms of pricing.
3. Alterations/Revisions
Alteration or revision charges are incurred by a client when a change is made to: approved layout, approved manuscript, mechanicals or disk produced correctly or any new work not within the original specifications. and or Lowcountry Underground may charge overtime rates for alterations, and encourages clients to review their proofs fully the first time. Alterations to original order specifications are treated as a new order and require preparation of a new bid.
4. Overtime
(Defined as:) "Work performed by the designer in excess of the work schedule of the project." Overtime may be charged at the designer's prevailing rates for this service.
and or Lowcountry Underground charges 166% regular rates for overtime ($125/hr), and will not produce client projects in overtime without announcing to the client the change in price. Overtime will only be incurred if a client changes a project deadline, in which case a new price quote may need to be drawn up.
5. Copyright / Ownership
Creative work such as sketches, illustrations, layouts, designs, icons, logos, etc. produced on paper, computer disks or any other medium, are protected from the moment they are created, under the 1976 Copyright Act. Until the designer transfers ownership rights in writing, all creative work remains the property of the designer. There can be no unauthorized use of the designer's work. Purchase orders issued after the completion of creative work, claiming the client's ownership of creative work, are not valid unless agreed upon by both parties.
and or Lowcountry Underground assumes clients are aware of existing copyright laws, and will make every attempt to inform/educate the client about their application to a specific project. Terms of copyright and ownership will be agreed at the time an order is placed and approval to begin work signed by the client.
6. Experimental Work
Experimental or preliminary work performed at the client's request will be charged at current rates and may not be used by the client until the designer has been reimbursed in full for the work performed. All experimental work performed by a designer without authorization of the client is not billable.
and or Lowcountry Underground will produce variations in layout or other samples only if the customer does not have a specific layout in mind. These additional layouts will be billed accordingly.
7. Condition of Copy
If original copy, disk or manuscript, furnished by the client to the designer differs from that which has been originally described and consequently quoted, the original quotation shall be amended or a new quotation will be issued. and or Lowcountry Underground prefers not to prepare a quote in writing without reviewing all original materials to be included in the project. I will at least prepare an estimate, but clients should understand that poor condition of originals may require additional time for image/file cleanup, re-creation, or the purchase or new materials.
8. Production Schedules
Production schedules will be established and adhered to by client and designer, providing that neither shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, delays of suppliers or carriers, action of government or civil authority and acts of God or other causes beyond the control of client or designer. Where production schedules are not adhered to by the client, final delivery date(s) will be subject to re-negotiation.
and or Lowcountry Underground will give time estimates with project estimates and bids, and exact completion times for specific projects when the client signs an approval to begin work. Changes in client deadlines may incur overtime charges and preparation of a new bid. and or Lowcountry Underground claims computer crashes as "equipment breakdown", and will not incur any liability do to these possible circumstances, should they arise.
9. Client's Property
The designer will make reasonable efforts to protect property belonging to the client while such property is in the designer's possession; however, since computer disks and data are subject to damage, such property will not necessarily be insured. The designer will not be liable for loss. Therefore, no property of extraordinary value should be left in the possession of the designer.
and or Lowcountry Underground clients are encouraged to retain their original artwork, and provide with a high quality copy or digital/scan copy of the artwork on disk. Should and or Lowcountry Underground need to utilize original artwork by the client (for scanning or color matching purposes) it will be returned as soon as possible.
10. Outright Purchase vs. Reproduction Rights - USAGE RIGHTS.
Upon completion and final payment in full, Designer shall grant to Client the right and license to use, reproduce, adapt, modify and display only the Final Art delivered solely in connection with the Project as defined in the Project Proposal and in accordance with the terms and conditions of Agreement. All other rights are expressly reserved by Designer. The rights granted to Client are for the usage of the delivered Final Art in its final form. Designer reserves all rights to preliminary works, designer tools, original files, negatives/photographs, original artwork, original designs.
"Outright purchase" gives the buyer physical possession of the artwork, disk, or negatives, while "reproduction rights" and related copyright interests require the return of the original to the artist. Outright purchase does not give to the buyer commercial or private reproduction rights or any other copyright interests unless so stipulated in the purchase agreement. The matter of first reproduction rights with subsequent reproduction rights subject to additional compensation should be clearly understood at the time of purchase.
and or Lowcountry Underground prices reproduction rights separately from document and graphic creation. Clients should state their intention for future use of the design work at the time of placing an order, or a separate bill will be added after the projects final approval for purchase of the future rights. Any documents, layouts or graphics created by and or Lowcountry Underground without reproduction rights spelled out in the initial order will remain under the ownership of and or Lowcountry Underground until new rights purchases are made by the client. Total Copyright Transfer: 200% of design price. Unlimited use (any media, no time limit): 100% of design fee. Unlimited Use (same media, 1 year): 50%. Separate Sale of original artwork: 50% of design fee. Rejection/Kill Fee (of design work in progress): 50-100% price estimate.
11. Re-use and extended use of artwork, disks or negatives
Artwork, disks or negatives purchased for a specific use cannot be re-used or adapted for other purposes than originally planned without additional compensation to the artist. If this possibility exists at the time of purchase, it should be so stated and the price adjusted accordingly. If re-use or adaptation occurs after purchase and the client has not acquired the copyright, the client should negotiate reasonable additional compensation with the designer. Whenever adaptation requires the services of a designer, and the designer has performed to the client's satisfaction, the designer should be given the opportunity to revise the designer's own work.
and or Lowcountry Underground encourages clients to retain camera-ready [prints] or digital copies [disk] of their completed orders, since and or Lowcountry Underground does not offer document archiving services and cannot be responsible for loss of data. However, client possession of digital/paper copies of documents does not automatically grant the rights for revision or re-use. Unless All Rights were purchased from and or Lowcountry Underground during the initial order, the client must purchase additional reprinting rights from and or Lowcountry Underground, or submit a new order for further design work/revisions.
12. Mark-ups
Any services or goods such as typography, printing, photography, etc., or materials used specifically for the completion of a given project will be billed to the client with an appropriate mark-up. This mark-up is a handling fee only and unless otherwise agreed, does not include any professional or management fees.
Some projects will require the purchase of additional materials not already in its graphic/software library or capability, such as: specific typestyles/fonts, stock photography or clip art purchased from a digital service, additional software purchases, or software/technical training. These materials will be included in original price quotes whenever possible.
13. Speculation
Graphic designs should not be asked for on speculation by a client. Design contests are considered speculation, except for educational or philanthropic purposes.
and or Lowcountry Underground will not perform any "preliminary" or "sample" design work free of charge. All unused design work will be preceeded by a contract, and considered "conceptual" work, even if client does not utilize the designs.
14. Terms
By requesting work either verbally, in writing, or by purchase order, the client agrees to the designer's terms and conditions, payment and applicable late charges on unpaid balances. Payment shall be in conformance with the quotation or invoice unless otherwise specified in writing. Disputes over the invoices must be made by the client in writing within a period of fifteen (15) days after the client's receipt of the invoice. Failure to make a claim within the stated period shall constitute acceptance and an admission that the client agrees with the invoice submitted. If only a portion of the invoice is in dispute, it is the client's responsibility to pay that portion within the terms of the invoice.
and or Lowcountry Underground prices document/graphic creation at a regular rate of $75 per hour, rounded up to 20-minute/$15 intervals. Consultation, research and coordination with third party printers/services are also priced at $75/hour. Prints, films and proofs are priced additionally. Disks, fonts and typestyles, stock photography or other software/supplies are priced additionally. Training is priced additionally. Mailing, faxing, meetings and phone calls are priced additionally.
15. Liability
The designer is only liable for the correction of the designer's errors made during the production process. The ultimate proofing prior to the printing is always the client's responsibility unless the designer accepts this responsibility in written agreement. In any instance, the designer will not be liable for more than the design and mechanical costs of a job in dispute.
and or Lowcountry Underground will not deliver camera-ready art or layout/digital files or disks to the client, or deliver a layout to a third party printer, until the client has proofed the job and signed a Final Approval. Once the Final Approval has been signed, the client is responsible for the entire document layout/graphic, including any errors in punctuation, spelling, grammar, dates, numbers, and other content. and or Lowcountry Underground is not liable for any delays, missed deadlines or other conflicts if a client fails to sign the Final Approval.
16. Indemnification
The client shall indemnify and hold harmless the designer from any and all losses, costs, expenses, and damages (including court costs and reasonable attorney fees) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against the designer on grounds alleging that the designer unknowingly violated any copyright or any proprietary right of another. Any materials such as photographs, photostats, transparencies, drawings, paintings, maps, diagrams, etc. furnished by the client to the designer should not infringe on the copyright or proprietary right of any third party. The designer is indemnified against any liability due to the client's failure to obtain correct usage rights and those materials. Any false statements knowingly or unknowingly given to the designer, by the client, to be used as factual information to promote a product or service shall remain the client's sole responsibility for substantiation and all other purposes.
and or Lowcountry Underground will not make use of any copyrighted, registered trademark, professionally photographed, or professionally designed materials without express permission from the copyright or trademark holder. and or Lowcountry Underground prefers to use all original elements in its design work.
17. Print management, press inspections
If a designer performs a press inspection for a client, the client's responsibility for proofing remains in effect. If the client has signed a printer's blueline, the designer is not responsible for any errors reflected in the approved blueline. If the designer approves color on a press proof or any other color proof, the designer is only responsible for approving color acceptable by industry standards. The printer is responsible for ensuring that the subsequent press run matches the color within acceptable standards of the proof approved by the designer.
and or Lowcountry Underground is primarily a design service, and will only provide service bureau-type coordination between client and third party printer/publisher if the project requires direct contact with the third party. The additional time and prints will be billed accordingly. Again, and or Lowcountry Underground will not deliver camera-ready art or disks/files to a client or printer until the client has signed a Final Approval. Any changes made to a layout file at a third party printer are not the responsibility of and or Lowcountry Underground, and the client shall pay any accrued charges.