Lawyers are evil?
We're not, but what we do is confusing at best. I can only tell you how things would go here in Quebec, but it can give you an idea. So as a disclaimer, I don't pratice in the US, and urge you to continue your relation with your attorneys.
In any case, such disclaimers, that dump the responsability on the party uploading the files are fine for both you and your client. Unfortunatly, they only form a type of defense, not a complete cut-off of any risk of litigation. Understand that the party which actually owns the IP did not accept, read or have knowledge of your terms. In light of which, the IP owner is not bound by the terms of any terms you put up. Those terms do allow you to "dump" the costs of damages on the party which has in fact uploaded files without permission.
Your defense, based on the responsability lying with the party that uploaded the files, would probably hold up fine here in Quebec. Since the principles of IP are pretty much the same globally, I would imagine it would work in the US too, but I can't say for sure.
In any case, you can write the most complete, sophisticated, legally magical terms you can, but if the party suing hasn't accepted those terms, they can still try to sue you as they please. The terms will probably keep you from paying out of your pocket, but might still see litigation. That is the thruth
In other words, you (and your client) should be protected from actual damages with a waiver, but not necessarily from having to deal with some kind of litigation, should the IP owner think it an absolute need to sue everybody, even the print house.
You probably won't like my answer, but then, we lawyers don't make it easy now do we? But remember, we lawyers don't make the laws, the government does!
