Custom Content Responsibility & IP Waiver

1) What this covers

This waiver applies to any personalized or custom product where the purchaser (identified as "Customer" in this waiver) supplies or selects text, images, graphics, names, logos, phrases, brand names, numbers, or other content (collectively, “Customer Content”). Examples include but aren’t limited to words like “FORD,” “HONDA,” “CHICAGO BULLS,” team names, celebrity names, brand names, slogans, copyrighted artwork, or any other protected material.
"Seller" in this waiver is defined as the website owners, operators, affiliates, and subsidiaries. 

2) Customer’s promises (representations & warranties)

Customer represents and warrants that:

  1. Customer either owns the Customer Content or has obtained all necessary rights, licenses, consents, and permissions to use it and to authorize Seller to reproduce it to make the ordered product.
  2. Customer Content does not infringe or violate any third-party rights, including trademarks, copyrights, rights of publicity/privacy, or other proprietary rights.
  3. Customer Content does not violate any law (including obscenity, hate, or defamation laws) or third-party terms.
  4. Customer is solely responsible for determining whether any trademark license or other permission is required and for obtaining it.
  5. Customer understands that Seller is not affiliated with, sponsored by, or endorsed by any brand or trademark owner referenced in Customer Content.
  6. Customer is responsible for custom text requests on personalized products. If trademarked words or symbols are used, it is the responsibility of the customer/buyer/end user to have licensing agreements with brands and/or permission to use them. 

3) Limited license to produce the order

Customer grants Seller a non-exclusive, worldwide, royalty-free license to reproduce, display, and otherwise use the Customer Content only as needed to manufacture, fulfill, ship, and showcase the finished item in Seller’s portfolio/marketing. Seller gains no ownership in Customer Content.

4) No duty to screen; right to decline

Customer acknowledges Seller has no duty to review, vet, or refuse Customer Content for legal compliance. Seller may, in its discretion, decline, cancel, or modify an order it believes may violate law or third-party rights, and may issue a refund or store credit as applicable.

5) Customer indemnity (you cover us if there’s a claim)

To the fullest extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Seller and its owners, employees, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Customer’s use of Customer Content;
  • any allegation that Customer Content infringes or violates a third party’s rights (trademark, copyright, publicity, privacy, etc.);
  • Customer’s breach of this waiver.

Seller may select counsel and control the defense; Customer will cooperate and not settle any claim involving Seller without Seller’s written consent.

6) Disclaimers; limits on Seller’s liability

EXCEPT AS REQUIRED BY LAW, PRODUCTS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER’S TOTAL LIABILITY for any claim relating to a custom order is limited to the amount Customer paid for that order, and Seller will not be liable for any indirect, incidental, special, consequential, or punitive damages.

7) Cancellations on notice of a claim

If Seller receives a complaint, takedown notice, or credible claim regarding Customer Content, Seller may pause or cancel production/fulfillment and, at Seller’s option, refund or credit the order. Customer remains responsible for any costs already incurred.

8) General

  • Entire agreement. This waiver is part of and incorporated into Seller’s Terms of Sale; together they form the entire agreement for the order.
  • Severability. If a clause is unenforceable, the rest remains in effect.
  • No waiver. A failure to enforce isn’t a waiver.
  • Governing law/venue. This waiver is governed by the laws of the State of Tennessee, without regard to conflicts of law. Exclusive venue lies in the state or federal courts located in Perry County, Tennessee, and the parties consent to personal jurisdiction there.
  • Survival. Sections 3–8 survive fulfillment, cancellation, or termination.

9) Customer Acknowledgment

Upon checkout, Customer agrees that upon checking the checkbox for this waiver they have read and agreed to the Custom Content Responsibility & IP Waiver. Customer understands that they are solely responsible for any permissions or licenses for the Customer Content submitted, and agree to indemnify Seller as described above.