Copyright and Intellectual Property Policy
User Agreement
By uploading designs and placing an order with our DTF printing service, you acknowledge that you have read, understood, and expressly agree to be bound by this Copyright and Intellectual Property Policy, which is incorporated into our general Terms of Service. This agreement is effective upon your use of our service and remains in effect until terminated by either party.
Customer's Sole Responsibility for Content and Rights
When you upload a design to our website for DTF transfer printing, you affirm, warrant, and represent that you are the sole and exclusive owner of the design and all intellectual property rights associated with it, or that you have obtained all necessary rights, licenses, permissions, and authorizations from the copyright holder(s) to use and reproduce the design for commercial printing purposes. This includes, but is not limited to:
- Ensuring that the image and all its elements do not infringe upon any copyrights, trademarks, patents, trade secrets, rights of publicity, or other intellectual property rights of any third parties.
- Obtaining and maintaining all necessary permissions, licenses, or rights to reproduce any copyrighted materials that may be included in your design.
- Taking full and complete responsibility for the legality of all content submitted for printing.
Indemnification
You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and partners from any and all claims, demands, actions, losses, liabilities, damages, judgments, penalties, interest, awards, costs, fees (including reasonable attorneys' fees and expenses), and disbursements of any kind or nature whatsoever, whether arising in contract, tort (including negligence), or otherwise, arising out of or relating to: (a) your violation or breach of these terms or our general Terms of Service; (b) your actual or alleged violation of any third party's rights, including, without limitation, intellectual property rights such as copyrights and trademarks; (c) any content you submit, upload, post, transmit, or otherwise make available through our services; or (d) your failure to obtain any necessary licenses or permissions for the use of any design uploaded by you. You agree to fully cooperate in the defense of any such claim.
Limited Role in Content Verification and Reservation of Rights
Our company does not and is not obligated to review the content of designs uploaded by customers for legal compliance, including copyright infringement. Our role is strictly limited to providing a printing service by transferring the designs onto DTF transfer sheets as per the customer's instructions. However, we reserve the right, in our sole discretion, to refuse to process any order that we believe may infringe upon the intellectual property rights of a third party or violate any applicable laws or regulations. Any such refusal does not constitute legal advice or a determination of the legal status of the design.
Limitation of Liability
To the fullest extent permitted by law, our company, its directors, officers, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever resulting from or arising out of: (a) any actual or alleged copyright or other intellectual property rights infringement related to designs uploaded by users; (b) any errors, mistakes, or inaccuracies in the content of user-submitted designs; (c) any unauthorized use of designs or images by users; or (d) any loss or damage caused directly or indirectly by the information or material provided by users through our services.
Respect for Intellectual Property and Prohibited Content
Our company respects the intellectual property rights of others and strictly prohibits the use of our services to create and print materials that infringe upon those rights. You are prohibited from uploading, posting, or otherwise transmitting any materials that violate another party's copyright, trademark, patent, trade secret, or other proprietary rights. This includes, but is not limited to:
- Lyrics or quotes from songs, books, movies, or other copyrighted works without explicit written permission from the copyright holder.
- Images, artwork, photographs, or graphics from the internet, movies, television shows, or other sources that you did not create or obtain a valid license to use.
- Logos, brand names, and trademarks that you do not own or have explicit permission to use commercially.
- Images or likenesses of famous people, celebrities, or characters protected by copyright or rights of publicity, unless your use constitutes fair use or you have obtained the necessary permissions.
- Any other graphic art, designs, or creative works that you did not originate or for which you lack the necessary usage rights.
You acknowledge and agree that making slight or cosmetic modifications to copyrighted designs does not automatically grant you the right to reproduce or distribute them.
Fair Use Understanding
The doctrine of "fair use" under United States copyright law permits limited use of copyrighted material for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. However, the applicability of fair use in the context of commercial printing for resale is often very limited and depends on a fact-specific analysis considering several legal factors. You are solely responsible for understanding and determining whether your intended use of any copyrighted material falls within the scope of fair use. Our company does not provide legal opinions or guidance on fair use, and you should not rely on the assumption that your use qualifies as fair use without independent legal assessment.
Digital Millennium Copyright Act (DMCA) Compliance
Our company is committed to complying with the Digital Millennium Copyright Act (DMCA). We have implemented a notice and takedown procedure as outlined in the DMCA. If you believe that any content uploaded by a user of our services infringes upon your copyright, please follow the instructions provided in our DMCA Policy, which is available here. We have designated a DMCA agent to receive notifications of claimed infringement, and their contact information is provided in our DMCA Policy. We reserve the right to remove or disable access to any content that is alleged to be infringing and to terminate the accounts of repeat infringers in accordance with the DMCA.
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