5. Website Content
a. [customer] shall have sole responsibility for all content in its website and for all information or data disseminated.
b. [customer] shall have sole and exclusive right of ownership of any web pages and other creative design work created by MarketingTactics specifically for [customer] in connection with the Services performed by MarketingTactics hereunder, except for (a) software made or obtained by MarketingTactics; (b) trademarks, trade names, and other designations and insignia of MarketingTactics that may be displayed at [customer]'s website; and (c) a limited amount of general-purpose or reusable images, graphics, formats, or other components created or obtained by MarketingTactics for purposes not unique to [customer]. MarketingTactics makes no claim to any trademarks, trade names, or other designations or insignia belonging to [customer] that may appear in the website. MarketingTactics agrees to enter into such assignments and certificates of acknowledgment as [customer] may require in order to give effect to [customer]'s ownership rights hereunder.
c. [customer] accepts final responsibility for the selection and use of all creative, audiovisual, and personal works and images, including graphics, text, formats, characters, icons, information, data, sound recordings, and logos (collectively, the "Images"), which are included in any work (web pages or otherwise) used in providing the Services. [customer] represents and warrants that it has or, at the applicable time, shall have the right and authority, free of charge or restriction imposed on MarketingTactics, to copy, adapt, distribute, display, and publish the Images as provided in the operation of the website. As appropriate, [customer] shall obtain the content to such use through necessary permissions of any person who may have rights in the Images, including photographers, artists, sponsors, and depicted individuals or business organizations, including celebrities.
d. [customer] shall have the sole right to determine the scope of "disclaimers" included at its website, which may include (without limitation) copyright notices; trademark notices; date of release and warning that information may not be kept up-to-date; content disclaimer and limitation of liability; statement of policy regarding permitted uses; instructions for contacting [customer] if additional use is sought; and, if [customer] offers goods or services for sale, warranty disclaimers.
e. [customer] shall expressly approve, in writing, and/or verbally, the final version of any web page and any subsequent changes thereto. [customer] agrees to provide MarketingTactics with a list of the persons who are authorized to approve development and/or modifications of the website. During development, MarketingTactics agrees not to perform the limited search engine submission of [customer]'s website until after they are approved by one or more of those persons. Following development, MarketingTactics agrees not to modify [customer]'s website (except for routine or technical modifications such as spelling corrections or link changes) without approval of one or more of those persons.
f. MarketingTactics reserves the right, in its sole discretion, to refuse to include in any web page created hereunder any content that MarketingTactics, in its sole discretion, deems inappropriate or suspect under applicable laws. MarketingTactics reserves the right at any time without notice to suspend or terminate use of websites engaging in inappropriate or suspect use, display, or transmission. This includes (without limitation) copyright infringement, material legally judged threatening or obscene, or material protected by trade secret. However, it is expressly acknowledged that MarketingTactics is a service technician only, and not an editor, manager, or publisher, of any features, contributions, or content selected or used by [customer]. MarketingTactics has, and can be expected to exercise, no control over such matters, such that MarketingTactics? knowledge of inappropriate or suspect practices shall occur only when called to MarketingTactics? direct attention. MarketingTactics specifically denies any responsibility for screening, policing, editing, or monitoring such content.