TERMS AND CONDITIONS

 Custom Print Service 

You may upload a design to be printed on a Wet Brush® hair brush (“Your Design”). Your Design will be printed by XXXX and shipped to you directly from XXXX.  By uploading Your Design, you represent and warrant and acknowledge the following:

 

• You own or have the right to use, reproduce, and display Your Design you are providing to us and that to your knowledge, no one else claims ownership of, or exclusive rights to, Your Design.

• We may make and sell hair brush incorporating Your Design to you without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.

• You provide us with an irrevocable, non-exclusive, worldwide, transferable, sublicensable right to use, copy, reproduce, distribute, modify, create derivative work, publicly display and feature Your Design: (i) in connection with printing on the hair brush for you; and (ii) for marketing and promotional purposes including, but not limited to, display on our website and social media.

• Your Design does not infringe anyone’s rights, including but not limited to, copyrights, trademarks, trade secret, privacy or data protection rights; in particular, you have the right to depict any person who appears in Your Design you provide to us and to authorize the subsequent use of such depiction.

• You waive your integrity rights provided under the Visual Artist Rights Act and/or other similar law in connection with the mutilation, distortion or modification of Your Design for printing on the hair brush.

• You waive your right of publicity and/or privacy in connection with Your Design for printing on the hair brush.

• The hair brush bearing Your Design will be for personal use only and will not be used for any commercial purposes. For corporate orders, please reach out to our Customer Service team here [add hyperlink].

• The hair brush bearing Your Design will not be offered for sale or sold to a third party. For reselling, please reach out to our Customer Service team here [add hyperlink]

• The hair brush bearing Your Design will not be marketed online at any online marketplace, including but not limited to eBay, Etsy, Amazon, etc.

• We may modify, print, transmit, and/or distribute Your Design that you provide us so that we can provide you with the services of printing Your Design on the hair brush.

• Your Design may lose some definition and that color variation may occur in the finished hair brush.

• You should keep backups of Your Design that you provide to us as we will not be responsible for keeping backups or for loss, deletion, or corruption of any content.

• We have the right to limit the number of hair brush printed with Your Design.

• We will not work with any design which contains pornographic, obscene, indecent, materially false, inaccurate or misleading in a way that could deceive or confuse others, or offensive material, promotes discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, gender identity, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of any third party, material that breaches any applicable laws, regulations or legislation. Likewise, we will not undertake any work which will harass, upset, embarrass, alarm, libel, defame, annoy, or violate the right of privacy or publicity of any person or group. Whether a design violates this provision shall be determined by us, in our sole discretion.  We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the content of any design. We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

• In the event that a third party makes a claim (including, but not limited to, claims of copyright, and/or trademark infringement, and/or violation of the right of privacy or publicity, or your breach of the terms and conditions) against us based on Your Design that you provide us, you agree to defend, indemnify, and hold us and our affiliated companies harmless from and against any and all such claims (and liabilities, judgments, penalties, losses, costs, damages, and expenses resulting directly therefrom, including reasonable attorneys’ fees).

• We have or have had access to and/or may independently create or have created ideas, products, designs and/or other materials which may be similar or identical to Your Design you provide us, and you agree that you will not be entitled to any compensation by reason of our use of such similar or identical material.

• You retain all intellectual property rights to and ownership of Your Design.

• We will not offer Your Design to any third parties.

• We reserve the right to refuse service or refuse to accept any order or process or fulfill any order to anyone for any reason at any time, in our sole discretion.

• In the event we create an electronic file of Your Design, we will retain possession and control of the file, subject to the terms of this agreement. The purpose of this agreement is for us to print hair brush for you with Your Design, not to provide you with an electronic file of Your Design.

• Custom printed hair brushes with Your Design may not be cancelled or returned once the order has been submitted.Therefore, please carefully review Your Design before submitting your order. We do not proof the final design you created prior to processing.  We are not responsible for any errors or mistakes that you have approved.