Intro

The following tabs include all terms and policies and terms of Eternite Media, LLC and it’s partners, affiliates, vendors and independent representatives (all herein referred to as Eternite Media). These terms are not inclusive and subject to change at any time. By placing an order with Eternite Media, the client (herein referred to as you or yourself, the client and/or client), in no way hold Eternite Media responsible for any wrong doing, and hold yourself solely responsible for any misrepresentations as to the ownership or licensing of any songs or samples in any audio, video, or pictorial medium. Eternite Media Reserves the right to refuse or cancel any order at anytime for any reason.

Eternite Media will treat the client's materials with the utmost of care at all times. Eternite Media denies liability for damage or loss due to fire, casualty, or negligence of the client's materials. Client's materials stored on Eternite Media’s facilities are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Eternite Media’s Facilities.

General Pricing And Delivery Terms

Eternite Media reserves, without notice, the right to change pricing, colors, materials, specifications and quantities on our web site, in print, verbally, or otherwise.

Prices do not include shipping unless otherwise noted. All orders are completed and shipped from Los Angeles County by Eternite Media and it’s venders. Eternite Media is not responsible for loss or damage to any product once the client and/or shipping company has received any product.

Payment

Eternite Media accepts cash (at a physical location and in person only), check (services will not begin until payment has cleared), cashiers check/money order (services will not begin until payment has cleared and funds completely confirmed as non-fraudulent), Visa, MasterCard, Discover, and American Express (credit card payment are the preferred payment of Eternite Media).

Credit

Eternite Media will provide credit to companies with previous business history on a case-by-case basis. Terms are to be agreed on by the client and Eternite Media (reflected upon each invoice) Disputes on payments terms or price must be made within 5 business days of the invoice issue. Companies with credit are liable for interest on outstanding payments past the date due stated on invoices or otherwise. Interest is accrued at the rate of five percent (5%) per month compounded daily. In addition to interest the customer is liable for any fees incurred by Eternite Media in the facilitation of recovery of payment by a third party.

Custom replication/duplication order terms

Intellectual Property Rights Protection

Eternite Media takes a strong stance against Piracy. All Replication orders must include the Intellectual Property Rights Form (IPR Form). By Placing any media duplication or replication order you agree to the following:

You (the client) are the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Eternite Media, including but not limited to the right to reproduce, manufacture and otherwise use the materials.

Customer agrees to indemnify, defend, protect, and hold harmless Eternite Media and its vendors and their respective officers, directors, agents, affiliates, distributors, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the IPR Form, or in any other form or document in connection herewith.

Eternite Media reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided by the client. Upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information must be provided to Eternite Media. By reserving these rights, Eternite Media does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Eternite Media may rely on the customer's representations provided under the IPR Form, even if Eternite Media makes any investigating as to such ownership.

Pricing and delivery

Eternite Media reserves the right to produce and bill for production overruns or underruns up to ten percent (10%) of the customer's order for replication and print orders and up to five percent (5%) on duplication orders. The client will be billed for the actual amount shipped.

Typically requires pre-payment in full prior to the start of any project. For orders over $5,000 a deposit of 50% of the purchase price may be available for custom manufacturing orders (please consult your customer service representative for specific information regarding this policy). The balance of the purchase price, subject to a ten percent (10%) production under or over run, is due upon completion of the order, before shipping.

When orders are prepaid in full, including shipping and applicable taxes, any overs will be at no charge. Eternite Media reserves the right to use any overs as samples both physical or in print. Reorders, rush orders, and printed materials, must be prepaid in full, including shipping and applicable taxes. Any prepaid orders which are subject to an underrun will be refunded the amount of the underrun prior to shipping.

The client's order will be delayed if the customer has failed to provide to Eternite Media all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).

Quoted or acknowledged turn times are based on the time physical production starts to the time the order leaves our facilities. Eternite Media is not liable for any order once any shipping company has taken it into possession. All shipping times are estimates provided by the shipping company.

Eternite Media assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, hard drive, or other digital recording medium, or sent via the internet using Eternite Media’s web site, FTP, email, or other means) for work of any type. Eternite Media is not obligated to return any above said electronic content to the customer upon completion of the order. Eternite Media will return analog masters and hard drives or original artwork, photos, masters, etc. if the nature of the job required use of the original source material rather than a copy of such material. If a content return is necessary it will be returned solely at the owners expense. Eternite Media is not liable for damages to above said materials sustained during transit both to and from any Eternite Media (including but not limited to any vendor or sub-contractor) facility.

Warranty of product, limitation of liability, and indemnification

Eternite Media guarantees the client's satisfaction in regards to art and content proofs. If the client is not completely satisfied, Eternite Media will refund the entire amount paid if the client chooses to cancel the project. Once proofs are approved Eternite Media will charge for all work and services performed, even if the project is canceled.

Eternite Media warrants that all materials produced and delivered to the client meets generally accepted industry standards.
Eternite Media is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.