Transfer of Intellectual Property

ARTICLE 1: Definitions of terms
1a. The person or entity receiving or for whom the work is designed will be referred to as the Client.

1b. Deborah Simmons dba DKS Designs who is creating the work will be referred to as the Designer or DKS Designs.

1a. Any art, graphic design project or any other design work created by DKS Designs other than coats of arms will be referred to as the Work or Design.

ARTICLE2: Transfer of Rights
2a. Except as hereinafter provided FOR GOOD AND VALUABLE CONSIDERATION DKS Designs ("Designer"), located at 601 Almarida Dr. #P7, Campbell, CA 95008, hereby irrevocably transfers and assigns to the Client and its successors, in perpetuity, all rights (whether now known or hereinafter invented), title, and interest, throughout the world, including any copyrights and renewals or extensions thereto, in the Design.

ARTICLE 3: Exceptions and Provisions
3a. Notwithstanding the above language, DKS Designs reserves the right in perpetuity to use and display this Design in full or in part as an example of its finished work in any print marketing materials, publications or electronic media. DKS Designs also reserves the right in perpetuity to place an electronic copy of this Design in whole or in part on a publicly accessible web site.

3b. Notwithstanding the above language, DKS Designs/Deborah Simmons retains the moral rights to the work including the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving the integrity of the Design bars the it from alteration, distortion or mutilation according to the Berne Convention for the Protection of Literary and Artistic Works. DKS Designs also retains the following rights according to The Visual Artists Rights Act of 1990: the right to claim authorship; the right to prevent the use of one's name on any work the author did not create; the right to prevent use of one's name on any work that has been distorted, mutilated, or modified in a way that would be prejudicial to the author's honor or reputation; the right to prevent distortion, mutilation, or modification that would prejudice the author's honor or reputation; the right to prevent the destruction of a work of art if it is of "recognized stature"  

3c. Notwithstanding the foregoing, the rights transferred to the Client are subject to the following: 
       3c1.The Client shall enjoy no rights of any kind in the work unless and until the Client shall have paid in full               to Deborah Simmons/DKS Designs in collected funds the agreed upon price for all the work and all               related costs, if any.

Any request to DKS Designs to create any graphic design project either via the Design Request form on this website or by direct email, snail mail, phone or fax will constitute an agreement to all of the above terms without exception.