The first letter of each word in a defined term is highlighted to allow the reader to realize that the meaning of the term is different and that he should interpret what he reads according to the definition given. Since limitations of liability and disclaimers of warranties may restrict the rights of the user and lead to liability if they are not visible, All-Caps is the prudent choice. Users are used to the important language being highlighted, and companies do so because it works for communication and withstands legal challenges. The options have been extended since the introduction of word processing and HTML. In addition to uppercase letters, there are now bold, italic, and colored fonts in every word processing platform. While all-caps remain dormant for certain layouts, it`s not uncommon for developers to design agreements that use other means to emphasize the language. The use of defined terms is often essential. However, as far as possible, a draftsman should always avoid them. They may make the meanings of the law more precise, but they may also tend to read and understand a document in a more complicated way, because a reader has to resort to the definition. It is important to read such clauses carefully and to ensure that you do not sign an excessively broad warranty or compensation.
It`s quite common in client-boilerplate contracts to see full indemnification language that requires the artist to exempt the client from all sorts of legal rights, but I agree that this is unfair. As far as possible (which usually means if the artist has sufficient bargaining power), I negotiate to change such language, to more fairly reflect the artist`s real responsibility to provide original works. A legal right to an injury that arises because you knowingly copied another person`s images should be your responsibility. However, given the different economic situation between you and your customer, the customer must bear the weight of all unforeseen rights that you could not prevent, including infringement claims that prove to be unfounded. Companies, large or famous, are often targets of fraudulent claims simply because people think they can extort sharp comparisons of harassment (in which companies pay to settle a case to get rid of the complaint, even if the claims are unfounded). . . .