Terms & Conditions
Intellectual Property, Trademark and Copyright Policy
Effective Date: April 1, 2016
Furbabysocks Terms & Conditions
Welcome to the Intellectual Property Content Policy (the “Policy”) of Furbaby Socks. DBA Furbabysocks (hereinafter “Fubaby Socks LLC”), establishing the guidelines for submission of materials to furbabysocks.com. 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. Furbaby Socks, LLC reserves the right to make changes to the Site and to this Policy at any time without prior notice.
- TERMS AND CONDITIONS
- You will retain ownership of any submitted images, 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 images 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 image 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.
- Please note that, while you retain ownership of your image, this Site contains graphics, photographs, images, document layouts, templates, artwork, text, fonts, software tools, and other information (referred to herein as “Furbaby Socks LLC Content”). This Site and all Furbaby Sock, LLC Content are the copyrighted property of Furbaby Sock, LLC and/or its subsidiaries or the copyrighted property of parties from whom Furbaby Sock, LLC has licensed such property. All rights in the Site and the Furbaby Sock, LLC Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Furbaby Sock, LLC Content except as expressly allowed in this Policy. Furbaby Sock, LLC reserves the right to add to, delete from, or modify any part of the Furbaby Sock, LLC Content at any time without prior notice. Any modifications to the Furbaby Sock, LLC Content remain the property of Furbaby Sock, LLC and its licensors.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the images, and that the images do not and will not:
- 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;
- invade or otherwise violate the privacy and/or publicity rights of any individual;
- 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 image or any part of the Design.
- 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 image 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.
- All images that you upload are automatically stored by Furbaby Sock, LLC. Furbaby Sock, LLC does not review any images before you upload them to the Site. As such, uploading a image to the Site does not mean that such image is in compliance with this Policy. By uploading images to the Site, you assume full responsibility for all such images and for compliance with this Policy.
- You agree that any image submitted as part of an order for services may be reviewed for compliance with this Policy and that Furbaby Sock, LLC may refuse to use any images and may suspend processing and shipping of any order relating to the Design. Furbaby Sock, LLC 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 image 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 images available via the Site and to suspend or terminate your account. In addition, you agree that Furbaby Sock, LLC 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.
- 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;
- your images;
- your activities in connection with obtaining any products or services from us,
- any activity related to access to or use of your account by you or any other person.
- Images that violate this Policy may be removed from the Site; provided, however, that we have no obligation to remove images 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 images from our Site. We recommend you keep back-up copies of your Design in your own personal storage system.
- INTELLECTUAL PROPERTY NOTICES
- The Site is ©2002-2019 Furbaby Socks, LLC. All rights reserved.
- 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 furbabysocks@gmail.com