By submitting a custom order with Custom Sweat:
– You agree to accept and abide by Custom Sweat’s Terms of Service in their entirety.
– With respect to any trademarks, service marks or copyrights that you have licensed from the owner thereof (the “Licensed Rights”), you agree to comply with any restrictions or conditions imposed on the use of the Licensed Rights.
– You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks and copyrights that may be associated with said material. If you are not the owner, you agree to provide Custom Sweat with evidence of the permission given to you by the owner.
– You agree to defend, indemnify and hold Custom Sweat and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of Custom Sweat’s products and services, your violation of this agreement, or your violation of any rights of another.
Copyright and Trademark
Intellectual property is the legal protection given to original works of authorship or design.
1. Copyright – Copyright rights protect works of “original authorship” – such as original and unique phrases or designs. Copyright is automatically granted upon the creation of something new and original.
2. Trademarks -Registered trademarks prohibit others from using distinctive phrases, symbols, and designs without a license, or permission from the owner. Trademark rights that arise from use in commerce can be registered or unregistered.
3. Rights of Publicity -Individuals often don’t want their name, image, or likeness used without their permission. This may be because they’re not comfortable with the way they’re being portrayed, or that the use of their name or likeness implies a personal or commercial endorsement that does not exist.
You can learn more about trademark and copyright using the following resources:
USPTO.gov – The U.S. Patent and Trademark Office site offers a FAQ section, and a search engine where you can check for registered marks.
Copyright.gov – The U.S. Copyright office offers a helpful FAQ.
Trademarkia.com – Trademarkia also provides an easy-to-understand FAQ section and search engine.
Licensing Pages – Many brands and organizations have pages (look for a “Terms” page) that outlines their owned copyrights and trademarks.
AVVO – A website that allows users to ask for and receive free legal advice from reputable lawyers.
Intellectual Property Complaint Policy
Custom Sweat prohibits clients from using our service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity).
Custom Sweat will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. Custom Sweat is not in a position to adjudicate disputes. If you believe a product contains content that is not authorized, upon receipt of the information enumerated below, we will provide our customer with your correspondence and contact information and direct the customer to contact you within seven (7) days to resolve this dispute. If the customer does not contact you, or if the issue is not resolved to your satisfaction, please let us know.
If you believe that your intellectual property rights have been infringed upon by a Custom Sweat client please notify Custom Sweat at email@example.com. You must include with your notification the following information, in PDF format.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
2. Evidence displaying the product and sale of the allegedly infringing merchandise;
3. Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
4. Your full name, address, telephone number(s) and email address(es);
5. A statement that you have a good-faith belief that use of the material is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
6. A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
All orders are hand-packed and carefully inspected prior to shipment. ALL SALES ARE FINAL – no cancellations, returns, refunds, or exchanges (except manufacturer defects resulting in warranty coverage).
In the unlikely event that your product arrives with a defect, please contact us by emailing firstname.lastname@example.org or calling (415) 997-9328 within 48 hours of receipt of your order. It is up to the discretion of the seller to determine whether what kind of refund will be issued. It may be a partial/full refund or a credit/discount for future orders.