By sharing a design, file, image or photo you represent and warrant that you have read these Terms and Conditions for sharing designs, files, images or photos (“Custom Art”) via email etc and uploaded it to Trays4.Us website or any of its online store(s) (whether on a third-party platform e-commerce platform or otherwise) (“Web Properties”) and that you agree to abide and be bound by all clauses within these Terms and Conditions.
2. INTELLECTUAL PROPERTY RIGHTS OF TRAYS4US AND THIRD PARTIES
Trays4s is committed to the appropriate and legal use of the intellectual property of others, and we require our users to do the same.
Products created using Custom Art on the Web Properties are for personal use and they may not be resold commercially without the prior express written consent of Trays4Us. In the event that you wish to resell such products, you agree to contact Trays4Us and request permission to do so.
3. COPYRIGHT OWNERSHIP
By uploading Custom Art to any of the Web Properties, you represent and warrant that you are (i) over the age of eighteen (18); and (ii) the Custom Art is in public domain or if copyrighted, you are the legal owner of the copyright and all intellectual property associated with the Custom Art, or alternatively the copyright owner (or other intellectual property owner as applicable) has granted you reproduction and derivative works rights to upload and use the Custom Art on the Web Properties for the purposes of creating custom tray(s). You understand and agree that you are the designer of the Custom Art and that under no circumstances shall you represent that Trays4Us is the designer of any product that incorporates your Custom Art, nor shall Trays4Us be deemed to be the designer of the Custom Art. Custom Art uploaded in violation of the intellectual property rights of others are in violation of Trays4Us’ Terms and Conditions, which constitutes of breach of this Agreement by you, and, without limitation, Trays4Us can pursue all available remedies at law or equity.
4. THIRD PARTY RIGHTS
By uploading Custom Art, you represent and warrant that the use of the Custom Art to generate wooden tray(s) or any other product does not violate the rights of any other party, does not result in a breach of contract between you and another party and that you accept sole responsibility for any damages, royalties or fees due to any other party from the use of the uploaded Custom Art.
5. PEOPLE SEEN IN IMAGES
By uploading Custom Art, you guarantee that any people which are clearly identifiable have consented to have their likeness printed or displayed, or that you have full rights to use the Custom Art in this manner and accept full responsibility for any damages, royalties or fees attributable to such use.
6. ACCEPTING AND REJECTING IMAGES
All Custom Art uploaded to the Web Properties may be assessed by Trays4Us for suitability. Trays4Us reserves the right to reject any Custom Art for any reason, at any time, without prior notice, but in such cases shall refund any funds that you have paid Trays4Us for the submission, provided that production has not been started.
7. RESPONSIBILITY FOR CONTENT
When uploading Custom Art, you are solely responsible for its content and for any liability, claims or damages, including but not limited to attorneys’ fees and litigation costs, that arise from the content of such Custom Art. The approval and creation of a custom tray or any other product by Trays4Us in no way alters or diminishes your sole responsibility for any legal liability arising from the use of the Custom Art to create the custom tray.
8. RIGHTS GRANTED TO Trays4Us
Trays4Us does not claim any copyright or any kind of ownership rights to the Custom Art that you upload to the Web Properties, nor to the custom trays or other products created by incorporating the Custom Art. However, by uploading Custom Art to the Web Properties you thereby grant to Trays4Us and its licensees a royalty-free, non-exclusive, worldwide, perpetual right to use the Custom Art to create tray(s) or other products if applicable for you and to display images of the finished work in the manner permitted by these Terms and Conditions. You also permit Trays4Us to share the Custom Art with Trays4Us’ subcontractors to print and/or produce the trays or other items. Notwithstanding the foregoing, and although we may use the modified design for marketing and promotional purposes, we will retain and store the original submitted image for one hour and the image sent for printing or production will be retained by Trays4Us or our subcontractor(s) for 24 months for potential re-orders by you.
9. NO DERIVATIVE WORKS OF USER IMAGES
Trays4Us guarantees that it will not create any derivative work from your Custom Art nor reproduce it for sale other than to you or your designee.
10. IMAGE CONTENT
Trays4Us will not create custom trays that incorporate Custom Art which:
- Violates the intellectual property rights of others;
- Encourages violence or hate against individuals or groups;
- Attacks, harasses, or defames others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity;
- Includes hate speech or symbols (including but not limited to swastikas, iron crosses, etc.);
- Promotes, features, or encourage the use of hard drugs (i.e. other than marijuana);
- Features explicit sex acts or frontal nudity of a non-artistic or health/medical nature
- Includes sexually suggestive images or text involving children (including nudity)
- Promotes, features, or encourages underage drinking or marijuana use by minors
11. INDEMNITY FROM CLAIMS
You agree to defend, indemnify and hold Trays4Us, its subcontractors and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your use of the Web Properties or the Service, your violation of this Agreement, or your violation of the intellectual property rights any person.
12. LIMITATION OF LIABILITY
Trays4Us will be responsible for acting only on those instructions sent to Trays4Us that actually are received and does not assume responsibility for malfunctions, security breaches in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Trays4Us is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Trays4Us is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained on the Web Properties, including text, graphics, links or other items, are provided “as is”, “as available”. Trays4Us does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Trays4Us be liable for any damages, including without limitation, direct or indirect, special, incidental, punitive or consequential damages, losses or expenses arising in connection with your use of any of the Web Properties or inability to use any of the Web Properties by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Trays4Us, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
13. INTELLECTUAL PROPERTY CLAIMS
Trays4Us respects the intellectual property rights of others. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Trays4Us, please provide written notice to the following agent for notice of claims of infringement:
[711 Bayview way, Redwood City, CA, 94062, US
Tel: (650) 209-0834
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
14. UPDATING THESE TERMS AND CONDITIONS
Trays4Us reserves the right in its sole and absolute discretion to modify, amend or supplement these Terms and Conditions at any time and for any reason without prior notice. You are responsible for keeping yourself updated on any such changes in the Terms and Conditions that might affect you.
15. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California and, where applicable, by federal law. Venue for any dispute arising under this Agreement shall lie exclusively with the state courts located in San Francisco, California and the United States District Court for the Northern District of California, as applicable.