Welcome to the Intellectual Property Policy (the “Policy”) of Printfly Corp. DBA RockyApparel (hereinafter “RockyApparel”). This document establishes the policies and guidelines for your submission of materials and content to RockyApparel.com via: 1) its custom apparel website; and 2) its storefront website (collectively, the “Sites”).
RockyApparel takes seriously the intellectual property rights of you and others. Please read this Policy carefully. By accessing or using the Sites you agree to be bound by this Policy and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Sites.
RockyApparel reserves the right to make changes to the Sites and to this Policy at any time without prior notice.
Your Content and Material
Any content and material submitted by you to RockyApparel via the Sites, including, without limitation, photographs, videos, images, text, graphics and other material (collectively, “Designs”) are subject to the terms and conditions of this Policy as incorporated in the User Agreement. By using the Sites, you agree that everything you upload, store, or use on the Sites complies with this Policy and the User Agreement, and you accept liability for any Designs which do not comply with RockyApparel’ Policy.
You will retain ownership of any submitted Designs. You grant RockyApparel a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with right of sublicense through multiple tiers, to use, reproduce, distribute through multiple tiers, create derivative works of and publicly display, and archive, such Designs solely in connection with the production or provision of any product or service you request or to show you how your Designs would appear in and/or on RockyApparel’ products or services.
For example, when you place an order for custom apparel or provide your Designs for sale on a physical product, RockyApparel will prepare, manipulate (if necessary), and transmit the Designs for sale on merchandise, production, packaging, and shipment. In addition, you grant a nonexclusive, worldwide, transferable, royalty-free, sublicensable right to use, reproduce, publicly display, sell, and distribute the Designs in advertising, marketing, samples, and promotional materials for the purpose of promoting the Sites and facilitating the sale of your product, in any media formats and through any media channels. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your products; (ii) promotional “streams” of audio/video/photographic content on the Sites, (iii) Design placement in magazines, television shows, movies, and other media; and (iv) the promotion of the Sites through third-party feeds.
You also grant each user of the Sites a non-exclusive license to access your Designs through the Sites, and to use, reproduce, distribute, and display such Designs as permitted through the functionality of the Sites, under this Policy, and under the User Agreement.
You represent and warrant that you own or otherwise possess all necessary rights with respect to use of the Designs, and that the Designs do not and will not:
- Infringe, misappropriate, use, or disclose without authorization or otherwise violate any copyright, trademark, service mark, trade secret right, moral rights, or other intellectual property or other property right of any third party
- Invade or otherwise violate the privacy and/or publicity rights of any individual
- Violate any laws, or possess or transmit fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable materials, goods, services, schemes, or promotions, and the content and material do not include contain malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights, or other rights in the Designs or any part of the Designs.
All Designs that you upload are automatically stored by RockyApparel. RockyApparel does not review any of your content and material before you upload them to the Sites. As such, uploading your Designs to the Sites does not mean that such Designs are in compliance with this Policy and Content Guidelines. By uploading Designs to the Sites, you assume full responsibility for all such Designs and for compliance with this Policy.
You agree that any Designs submitted as part of an order for services may be reviewed for compliance with this Policy and Content Guidelines. RockyApparel may refuse to use any Designs and may suspend processing and shipping of any order relating to the Designs. RockyApparel and its designees reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Designs you upload to or transmit through the Sites. If you fail to provide RockyApparel with satisfactory confirmation upon request, RockyApparel reserves the right to remove or deny access to any or all of your Designs available via the Sites and to suspend or terminate your account. In addition, you agree that RockyApparel may disclose any Designs and the circumstances surrounding their submission and use to any third party in order to provide the requested services, enforce this Policy, or comply with any legal obligations or governmental requests.
You consent to the use of your name, image, and likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any submitted Designs to use such individual’s name, image, and likeness, for purposes of using and otherwise exploiting the Designs in the manner contemplated by this Policy, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release, and/or permission from such individual’s parent or guardian (and you agree to provide RockyApparel with a copy of any such consents, releases, and/or permissions upon RockyApparel’ request).
You agree to indemnify and hold RockyApparel, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from:
- Your violation of this Policy, User Agreement, or any other agreement with RockyApparel, any representation or warranty contained herein or therein or any applicable law;
- Your Designs;
- Your activities in connection with obtaining any products or services from RockyApparel; and/or
- Any activity related to access to or use of your account by you or any other person.
Designs that violate this Policy may be removed from the Site. RockyApparel is not responsible for, and will have no liability for, the removal, non-removal, or loss of any Designs from its Sites. RockyApparel recommends that you keep back-up copies of your Designs in your own personal storage system.
RockyApparel Content
RockyApparel’ Sites contain graphics, photographs, images, document layouts, templates, artwork, text, fonts, software tools, and other information (referred to herein as “RockyApparel Content”). The Sites and all RockyApparel Content are the copyrighted property of RockyApparel and/or its subsidiaries or the copyrighted property of parties from whom RockyApparel has licensed such property. All rights in the Sites and the RockyApparel Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the RockyApparel Content except as expressly allowed in this Policy. RockyApparel reserves the right to add to, delete from, or modify any part of the RockyApparel Content at any time without prior notice. Any modifications to the RockyApparel Content remain the property of RockyApparel and its licensors.
The trade names, trademarks, and service marks owned by RockyApparel, whether registered or unregistered, may not be used in connection with any product or service that is not RockyApparel’ or in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RockyApparel’ trade names, trademarks, or service marks without RockyApparel’ express prior written consent. All trade names, trademarks, and service marks on the Sites not owned by RockyApparel are the property of their respective owners.
If you have any questions about this Policy, please contact us at legal@RockyApparel.com.
Reporting Claims of Trademark and Copyright Infringement
RockyApparel takes claims of trademark and copyright infringement seriously.
Trademark Infringement
RockyApparel will respond to notices of alleged trademark infringement. If you believe that any materials accessible on or from the Sites infringe your trademark, you may request removal of those materials from the Sites by submitting written notification to us at legal@RockyApparel.com. The written notice must include the following information:
- Your physical or electronic signature.
- Identification of the trademark or trademarks you believe to have been infringed and information providing evidence of your ownership of the trademark.
- Identification of the material you believe the infringing trademark appears in a sufficiently precise manner to allow RockyApparel to locate that material.
- Adequate information by which RockyApparel can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the trademark is not authorized and information providing evidence of your ownership of the trademark.
- A statement, is applicable, that you are authorized to act on behalf of the trademark owner.
Copyright Infringement
RockyApparel will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow RockyApparel to locate that material.
- Adequate information by which RockyApparel can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
RockyApparel’ designated copyright agent to receive DMCA Notices is:
Lisa Harrison.
Stradley Ronon Stevens & Young, LLP
18 Valley Stream Parkway, Malvern, PA 19355
651-760-7985
trademarks@stradley.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with RockyApparel (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.
The DMCA allows RockyApparel to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly and materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is RockyApparel’ policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.