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Last Updated: September 18, 2021
This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered users (each a “User,” and collectively, the “Users”) of our applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of Users and of Giving Arts LLC. (“Giving Arts”). This document is an important contract between Giving Arts and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.
When You use Our Services and Content, You are agreeing to:
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this IPP constitutes the entire Agreement between Giving Arts and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Giving Arts and You in relation to the access to and use of the Service.
If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must cancel your Artist Agreement with Giving Arts, and discontinue Your use of the Service.
Giving Arts reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of this IPP reflects the date of the last modification. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should terminate your Artist Agreement with Giving Arts.
Giving Arts respects the intellectual property rights of others and we expect people using our Service to do the same. It is our practice—in appropriate circumstances and at our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights or other intellectual property rights of others.
Users / Artists alone are solely responsible for the artwork / designs they send us to be placed on our products. Users / Artists agree that they are the sole creator of the artwork and hold copyright to their images they have provided to us. We retain the right, at our sole discretion, to reject the production of products that contain content that we have reason to believe may be infringing copyrights or other intellectual property rights of others.
If You believe that the Content in question does not infringe on intellectual property rights of others, You should contact Giving Arts Customer Care with proof clearly outlining Your rights to use the Content.
If You notice infringement of Your copyrights or other intellectual property rights on you can notify Us as follows. Please note that Giving Arts cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice. If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Digital Millennium Copyright Act (“DMCA”) Notice of Alleged Infringement (the “DMCA Notice”). In accordance with the Digital Millennium Copyright Act, which You can find on the US Copyright Office website.
Printify respects the trademark rights of others. Accounts with usernames, board names, or any other content that may mislead or violate another’s trademark will need be updated or may be permanently suspended.
If You are concerned that someone may be using Your trademark in an infringing way on our Website, let Us know by contacting us at [email protected]. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.
If You received a notification that Your Content has been removed as a result of a copyright complaint, it means another User reported that they own the rights to the Content, and requested that We remove Your Content. If You want us to forward the information from the copyright complaint notification, email us at [email protected] to let us know. Please note that We may remove some personal contact information from the original complaint.
If Your Content is the subject of repeated copyright complaints, We may disable Your account altogether.
If You think We made a mistake by removing Your Content, You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required, We will remove the complaint from Your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Your Content in error, and that You understand the repercussions of submitting a false claim. If Giving Arts is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Giving Arts will not be liable for such false claim. In addition, Giving Arts may at its sole discretion delete Your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit Your counter-notice, email us at [email protected] and include all of the following information:
If You received a trademark complaint notification from Us, You can contest it by emailing [email protected] and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along although We may remove personal information.
By allowing Giving Arts LLC to use your artwork / designs on our products, You represent and warrant that: (i) You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use Your Content; (ii) the posting and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed through use of Your Content that you provided to us illegally on our Service to the individual or organization who legally owns such copyrights and trademarks; and (iv) You have the legal right and capacity to enter into this Agreement.
If You are unsure about your rights regarding the usage of Your Content, You agree to perform all due diligence on Your part to ensure that Your Content is free for You to use on the Service.
More information can be found at the U.S. Copyright Office and the U.S. Patent and Trademark Office.
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