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| COPYRIGHT AND TRADEMARK
POLICY: |
| 123Shirt.com
respects the intellectual property rights of others. We ask our customers to do
the same. We do not print artwork, logos or images which infringe on any
trademark, copyright or other intellectual property right of any
party. |
| If you are placing an order because
you work for a corporation, business or school or represent a group or
organization, as long as your order is on behalf of; or paid through that
entity, there are no issues. We are primarily concerned with intentional or
malicious copyright infringement. |
| What is a
Copyright? A copyright protects original work of authorship such as a picture,
drawing, graphics, written work or photograph. Copyright law prevents you from
copying another's copyrighted work for any purpose; making things based on the
copyrighted work; distributing copies of the copyrighted work; or displaying
the copyrighted work. In a nutshell, copyright law protects the expression of
one's idea. |
| Even if you do not sell it, you
still cannot COPY IT! |
| It's the
copying part that violates the law, selling it just makes your liability for
damages worse! |
| Collegiate Names, Logos and Symbols
are Copyrighted and Licensed. |
| YES! WE DO
embroider products for Faculty, Staff, Departments, Organizations and Teams
of many Colleges and Universities, as long as the order is properly authorized
in writing by the Schools PURCHASING DEPARTMENT either by a signed
authorization letter or under a PO. Although, many schools have their names,
logos and symbols licensed to specific outside Vendors or Corporate Retailers,
this is done to control general public retail sales, most internal Purchasing
Departments are exempt. We ARE NOT a general purpose retailer, we do not sell
pre-made collegiate products. We only work on behalf of the institution
directly, so if your order is for internal purposes then you need to contact
your Purchasing Department. You are NOT permitted to order Collegiate products
with embroidery if it is for your own personal use! |
NO use of names, logos, pictures
or other property of MUSICAL GROUPS or ARTISTS.
We only
print items for musical groups when the order is AUTHORIZED in writing by the
group, its' agent/manager or "Label". You cannot print musician group
t-shirts, use pictures of a group, use the group logo, name or modified names,
copy album or CD covers. Just because you are a fan does not mean you can print
anything related to a musician or group. |
NO use of names, logos, pictures
or other property from TV SHOWS, MOVIES or CELEBRITIES.
Basically
forget it, anything from TV shows, Game Shows, Movies, Film or anything else
similar is not permitted for your personal use! You are not permitted to use
celebrity photos, images or likeness for any purpose. |
| It's on the internet, so it is ok
to use it. NO!
Simply
because an image is found on the internet does not mean that it is in the
public domain. Further, a person who posts an image on the internet and claims
that you are free to use it may not have had the right to post the image in the
first place. Internet images are always poor quality or low
resolution. |
| I based my artwork on the artwork
of a third party, so that is ok. NO!
ALL
Works in any form that are derived from a previous work of another violate the
rights of the owner of the previous work. Therefore, if you are creating an
image based on the work of someone else, you need to obtain permission from the
original creator. |
| For example,
you cannot use published artwork, cartoon characters, movie posters, book
covers, album or CD covers, photos or representations of ANY trademarked or
registered products, Warner Bros™ cartoon characters or branded
advertising characters such as the M&M™ guys, or even using unique
slogans such as "is it in you"™ . |
| NO Professional sports teams logos,
graphics, names or symbols. No printing of
licensed images for the NFL, NHL, NBA, MLB or others. If you, your business or
league holds a PROPERLY AUTHORIZED license from any of the major sports
leagues/associations, we will not quote any pricing until such time as you
provide written documentation verifying your license agreement. |
| INDEMNIFICATION:
123Shirt.com
assumes no responsibility for researching or authenticating the rights held by
any Customer to any trademark or license, as it relates to any design or logo
reproduced on behalf of a Customer. Any and all liability for any act of
trademark infringement rests with the Customer, and Customer shall indemnify
123Shirt.com against any and all actions resulting from trademark
issues. |
| Customer
represents, warrants and guarantees that it is the lawful owner or AUTHORIZED
USER of the Content submitted and that the Content does not infringe upon the
property rights, intellectual property rights or other rights of others.
Customer represents that there are no outstanding disputes in connection with
the property rights, intellectual property rights or other rights in the
Content or any parts of the Content. In the event that 123Shirt.com is to
embroider or imprint at the request of Customer Content provided by the
Customer, Customer hereby represents that the Content is being produced with
the knowledge and consent of the individual or entity having the rights
thereto. Upon request, Customer shall provide written evidence of authority to
produce such Content. |
| Customer
agrees to hold 123Shirt.com, its' owners, officers, directors, employees,
agents and licensors, free and harmless from all liability and indemnify
123Shirt.com for any loss, damage, or injury which 123Shirt.com may suffer as a
result of producing said Content. The obligation of the Customer shall extend
to the payment of all judgments, awards, losses, liabilities, costs and
expenses, including but not limited to ALL attorney and legal fees, and costs
of litigation or other out-of-pocket costs as a result of the reproduction of
the "Content" requested by the Customer. |
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