Fabric on Demand Terms of Service and Conditions of Use
(The Stuff the Lawyers like us to say)
Introduction Welcome to Fabric on Demand custom printed fabric service, provided to you by FabricOnDemand.com (hereinafter referred to as "FOD"). These Terms of Service govern your use of FOD' service. Your use of FODs' service constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.
Image Storage Policy FOD provides online storage of the uploaded images to its customers for a period of sixty days from the date you upload each design to our website. In addition, if we haven’t heard from you for a period of four months, FOD may, at its option, remove your design from its archive (including deletion of any account information held by FOD). FOD may change this policy at any time. It is your responsibility to check our website for any changes.
Copyrights As condition of your use of this service, you agree to hold Fabric on Demand, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, attorneys' fees) relating to you or your representative(s)' submission of any copyrighted work to FOD, or submission for use, creation or manufacture of any FOD product or service, which may be or ruled to be subject to infringement.
FOD respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact FODs' agent for notice of claims of copyright infringement, who can be reached at Fabric On Demand, LLC, Tel : (877) 379-0776 or email@example.com. You must be prepared to provide the following information:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on FOD site or within a product that you believe infringes your work,
with enough detail so that we may locate it easily;
3. Provide your contact information. address, telephone number, and email address;
4. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, FOD may remove content that you believe infringes your copyright. In addition, FOD may terminate the account of the member who appears to be infringing your intellectual property rights. FOD claims no ownership rights for any image contained in any of the products contracted to manufacture on your behalf. For the sole purpose of fulfilling any orders contracted with FOD, you automatically grant to FOD a non-exclusive, royalty-free license to use, copy, distribute, and display those images into any FOD product for which you have provided express consent either through order payment or written confirmation.
Your Conduct, Your Liability
You are responsible for all of the images you upload, share or copy using FOD's custom printed fabrics service. You must have the legal copyright to display each image that you upload and/or contract FOD to use in its manufacture of any of its products, including but not limited to any or all images copyrighted by photographers or made available through magazines, books, web or any and all other resources, which are protected by copyright and should not be uploaded, shared, copied or used in the contract to manufacture products using this service in any way, unless permission is granted. As a condition of your use of this service, you hereby certify, authorize and warrant that you own the copyright or are authorized by the owner of the copyright, or own the the rights to any of the content, photo or digital images you will upload to the FOD web site or send to FOD. You have obtained signed written Releases from the owner(s) of any and all copyrighted images you will upload to the FOD web site or send to FOD. This warrant is given to FOD by you when contracting FOD for provisal of any of its products or services.
As a condition of your use of this service, you hereby further certify, authorize and warrant that you have the full authority to grant FOD the permission to reproduce, re-create, re-design, modify, or manufacture any of the content, photo or digital images you will upload to the FOD web site or send to FOD. This warrant is given to FOD by you when contracting FOD for provisal of any of its products or services.
As a condition of your use of this service, you further hereby indemnify and hold FOD, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal argument with respect to your agreement to refrain and not to:
• Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
• Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
• Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
• Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
• Use this service for the purpose of making images available for viewing to the general public, or for the use of communication with others which attempts to subvert any laws in any way;
• Provide any information to FOD that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Fabric on Demand reserves the right to refuse to fulfill any order, or any part of any order, at any time. This right is given to FOD by you when contracting FOD for provisal of any its products or services. In addition, FOD reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of FOD or others.
THEREBY, AS A CONDITION OF YOUR USE OF THIS SERVICE, YOU HEREBY COMPLETELY INDEMNIFY AND HOLD FABRIC ON DEMAND, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES FREE AND HARMLESS AGAINST AND FROM ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) RELATING TO AND AS A RESULT OF ANY CLAIMS BROUGHT BY ANY OTHER PERSON OR ENTITY CLAIMING INTEREST, INFRINGEMENT OR OTHER LEGAL ARGUMENT WITH RESPECT TO YOUR AGREEMENT TO THIS CONTRACT, WHEN CONTRACTING FABRIC ON DEMAND CUSTOM FABRIC FOR PROVISAL OF ANY OF ITS PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION, RE-CREATION, REDESIGN, MODIFICATION, OR MANUFACTURE OF THE CONTENT, PHOTOGRAPH OR DIGITAL IMAGE YOU HAVE OR CONTRACTED TO BE DELIVERED TO FABRIC ON DEMAND CUSTOM FABRIC, VIA ANY CARRIER INCLUDING BUT NOT LIMITED VIA THE INTERNET.
Trademark and Copyright
Fabric on Demand and all graphics, logos and service names used to identify FOD’s products and services are trademarks of FOD. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works made available to you by FOD (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
No monitoring of Content
FOD does not control the content of any user. FOD does not provide any service nor make claim for any obligation to monitor the content of internet users for any purpose. All content provided by a user of this service is the sole responsibility of that user or its representatives, and not in any way, that of any responsibility on the part of FOD, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees.
Disclaimer of Warranty and Limitations of Liability Warranty THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY FABRIC ON DEMAND ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FABRIC ON DEMAND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
Use of Site
You understand and agree that the submission of any content or digital content or film or print or image of any kind to FOD, and the download or upload of any material or content through FODs' service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the use of the FOD service, website including but not limited to the download or upload of any material. You are solely responsible for creating back-ups of your content. In the event of any loss or, or damage to your content, you hereby agree that FOD shall be liable only for the replacement value of an amount of unexposed film and processing of the film thereof. In the event of any mistake by FOD, such as the shipment of a defective product, FOD will be liable only to the extent of its return policy. As each product is custom manufactured, FOD shall accept return and issue refunds only on those orders containing a manufacturing defect within a 30 day period from the date of the order payment.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, FOD shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of FODs' service or site, even if FOD has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of California, without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and FOD with respect to the use of this service. FODs' failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
Fabric on Demand reserves the right to amend these Terms of Service from time to time. In the event of a material change, we will notify you by email, sent to the email address you provide to us. If you continue to use the service once you have been notified of the changes to the Terms of Service, you will be deemed to have accepted the changes.
All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the California, without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and FOD with respect to the use of this service. FODs' failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
FOD reserves the right to amend these Terms of Service from time to time.
If any part of the Terms of Service is found void and unenforceable, it will not affect the validity of the balance of the Terms of Service, which shall remain valid and enforceable according to its terms. The Terms of Service shall not prejudice the statutory rights of any party dealing. For example, for consumers in New Zealand who accept all provisions of the Terms of Service, these Terms of Service are subject to the Consumers Guarantees Act. The Terms of Service may only be modified by a writing non-electronically signed by an authorized officer of FOD. The English version of this release shall be the version used when interpreting or construing these Terms of Service.
Conditions of Use
If you choose to visit FOD, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of South Carolina. If you have any concern about privacy at FOD, please click here and send us a thorough description and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use may change as well. It is your responsibility to check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your orders and customer account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Give Us
You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through FOD or one of our third-party sellers; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer information when opening a corporate account. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; and financial information, including but not limited to Social Security and driver's license numbers.