Terms & Conditions – Intellectual Property, Trademark and Copyright Policy

 

Effective Date: April 1, 2016

 

Welcome to the Intellectual Property Content Policy (the “Policy”) of Printfly Corp. DBA Rush Order Tees (hereinafter “Printfly Corporation”), establishing the guidelines for submission of materials to rushordertees.com, spreadspirit.com and any other affiliated sites (collectively, the “Site”). Any materials submitted by you to the Site, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "Designs") are subject to the terms and conditions of this Policy. By using the Site, you agree that everything you upload, store, or use on the Site complies with this Policy, and you accept liability for any non-compliant Designs.

 

Please read this Policy carefully. By accessing or using the Site you agree to be bound by this Policy and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into this Policy. Printfly Corporation reserves the right to make changes to the Site and to this Policy at any time without prior notice.

 

I. TERMS AND CONDITIONS

 

1. You will retain ownership of any submitted Designs, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such Designs solely in connection with the production or provision of any product or service you request or to show you how your Designs would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the Design for production, packaging and shipment. In addition, you grant a nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your products; (ii) promotional "streams" of audio/video/photographic content on the Site, (iii) Design placement in magazines, television shows, movies, and other media; and (iv) the promotion of the Site through third party feeds.

 

2. Please note that, while you retain ownership of your Design, this Site contains graphics, photographs, images, document layouts, templates, artwork, text, fonts, software tools, and other information (referred to herein as “Printfly Corporation Content”). This Site and all Printfly Corporation Content are the copyrighted property of Printfly Corporation and/or its subsidiaries or the copyrighted property of parties from whom Printfly Corporation has licensed such property. All rights in the Site and the Printfly Corporation Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Printfly Corporation Content except as expressly allowed in this Policy. Printfly Corporation reserves the right to add to, delete from, or modify any part of the Printfly Corporation Content at any time without prior notice. Any modifications to the Printfly Corporation Content remain the property of Printfly Corporation and its licensors.

 

3. You represent and warrant that you own or otherwise possess all necessary rights with respect to the Designs, and that the Designs do not and will not:

a. infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, service mark, trade secret right or other intellectual property or other property right of any third party;

b. invade or otherwise violate the privacy and/or publicity rights of any individual;

c. violate any laws or possesses or transmit fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable materials.

 

You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the Design or any part of the Design.

 

4. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any submitted Design to use such individual's likeness, for purposes of using and otherwise exploiting the Design in the manner contemplated by this Policy, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Design.

 

5. All Designs that you upload are automatically stored by Printfly Corporation. Printfly Corporation does not review any Designs before you upload them to the Site. As such, uploading a Design to the Site does not mean that such Design is in compliance with this Policy. By uploading Designs to the Site, you assume full responsibility for all such Designs and for compliance with this Policy.

 

6. You agree that any Design submitted as part of an order for services may be reviewed for compliance with this Policy and that Printfly Corporation may refuse to use any Design and may suspend processing and shipping of any order relating to the Design. Printfly Corporation and its designees reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Design you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to remove or deny access to any or all of your Designs available via the Site and to suspend or terminate your account. In addition, you agree that Printfly Corporation may disclose any Design and the circumstances surrounding its submission and use to any third party in order to provide the requested services, enforce this Policy or comply with any legal obligations or governmental requests.

 

7. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: a. your violation of this Policy, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law;

b. your Designs;

c. your activities in connection with obtaining any products or services from us,

d. any activity related to access to or use of your account by you or any other person.

 

8. Designs that violate this Policy may be removed from the Site; provided, however, that we have no obligation to remove Designs in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any Designs from our Site. We recommend you keep back-up copies of your Design in your own personal storage system.

 

II. INTELLECTUAL PROPERTY NOTICES

 

1. The Site is ©2002-2016 Printfly Corp. All rights reserved.

 

2. All trademarks and service marks on our Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

 

If you have any questions about this Policy, please contact us at legal@rushordertees.com.