By accepting this and any project, you ("the Freelancer") acknowledge that for all freelance assignments you will assign to Infinitely Big Inc ("the Company"), or its designee, all rights, title, and interest in and to any original works of authorship, developments, concepts, or improvements ("the Work"), which you may solely or jointly conceive or develop or reduce to practice, or cause to be conceived or developed, during your services rendered, including the exclusive rights to print, publish, sell, copy, or license others to use the Work in any form throughout the world during the full term of the copyright of the Work. You further acknowledge that all original works of authorship which are made by you (solely or jointly with others) within the scope of working with the Company are protectable by copyright and are "works made for hire," as that term is defined in the United States Copyright Act. If for any reason any portion of the Work does not qualify as works made for hire, you hereby transfer and assign to the Company all rights, title, and interest in and to the Work, including the Copyright therein.
By submitting the Work the Freelancer represents and warrants that the Work is an original work of the Freelancer and does not violate any existing copyright and is not in the public domain, either in whole or in part, and that it does not infringe upon any copyright, trademark, or patent, or any proprietary or statutory right of another, or any right of privacy, and that it has not been published or used in any medium for any purpose and that the Freelancer has full power to enter into this Agreement and make the grants contained herein.
The Freelancer shall indemnify and hold the Company harmless from any and all loss, damage, and expense (including attorney's fees) that the Company may suffer or incur by reason of any claim or the defense of any claim arising from the breach of any of the representations or warranties made herein by the Freelancer.
The Company reserves the right to inspect the Freelancer's progress at intervals established by the Company for the purpose of permitting the Company to assure that it conforms to the Company's requirements and schedules. The Freelancer also agrees to make such changes in the Work as the Company may reasonably request prior to publication. The Company has the right to edit, adapt, revise, or otherwise modify the Work and engage others to do any or all of the foregoing, in any form, including the right to authorize derivative works and adaptations, with or without attribution to the Freelancer. The Company is under no obligation to publish the Work or otherwise apply the Work to any specific purpose.
The Freelancer agrees that he or she is, at all times, performing the services contained herein as an independent contractor. Nothing contained in this Agreement is intended to create an employee and employer relationship between the Freelancer and the Company. The consideration contained herein is provided on the basis of the Freelancer performing the services as an independent contractor.
The Freelancer and the Company agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information"), which includesall information or material that has or could have commercial value or other utility in the business in which the Company or its clients are engaged. The Freelancer shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Company and its clients. The Freelancer shall not, without prior written approval of the Company, use for the Freelancer's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Company or its clients, any Confidential Information. The Freelancer shall not publish online or elsewhere any Work created for the Company. Non-compliance will result in the severance of any relationship between the Freelancer and the Company.