Terms and Conditions
Revised September 20, 2013
When you submit any design, artwork or other materials to TeeFury, you and TeeFury agree to abide by all of the terms of this Agreement. TeeFury is referred to in this Agreement as “we,” “us,” “our,” or “TeeFury.” Your designs, artwork or other materials submitted to TeeFury are referred to at times in this Agreement as the “design.”
License Fees We Will Pay You for Original Print Run Tee Shirts
We will pay you a license fee of $1.00 per tee shirt that we print and ship to customers using your design . This license fee will apply to the original print run that we make using your design.
License Fees for Later Run Tee Shirts
If we make later print runs of shirts using your design (for example, if we make shirts available for future purchase from our Gallery) we will pay you a $2.00 license fee for each such future shirt shipped.
License Fees for Extra Printed Shirts
Generally, we print extra shirts with each print run for customer service purposes such as size exchanges. We will pay you a $0.25 license fee for each of these extra shirts we print using your design. Any of these extra shirts that we do not use will be sold as part of a “grab bag” or similar promotion without further license fees being paid to you.
License Fees for Other Products
If we decide to create other products using your design (such as hats, sweatshirts, mugs or other products) we will pay you at least 10% of the amounts we receive (not including taxes and shipping charges) for the products incorporating your design.
You May Terminate Our License
You may terminate the license you provide to us under this Agreement at any time by giving written notice to TeeFury, 51 Parker, Irvine, CA 92618 or firstname.lastname@example.org. If we have already printed tee shirts or other products using your design, you agree that upon your termination we may continue to market and sell our remaining inventory.
When and How We Pay You/Changes to License Fees/Other Payment Terms/Changes to License Fees
The above license fees will be paid to you within 30 days of our receipt of payment for each tee shirt or product. We will pay you via PayPal, or another method that we select. You agree that TeeFury may change the amount of the license fees paid to you if such change is applied to substantially all of TeeFury’s artists. You may opt out of any such fee changes if you desire by giving us written notice. However, if you decide to opt out of a fee change, TeeFury will no longer use your design in any further shirts or products. You agree that we are not required to pay license fees to you for any tee shirt or product that our customers do not pay for or that are returned. You agree that the payment amounts described above will be full and complete payment for the rights you grant to us in this Agreement and that you are not entitled to receive any other amounts that we may receive as payment from our customers. Also, you agree that we may use the design you provide to us on our Site or for other promotional purposes and you agree that such uses are royalty free. You agree that TeeFury will not owe you any license fees or other amounts for such uses. You agree to be solely responsible for all taxes of any kind or nature that arise due to payment of the license fees to you. From time to time TeeFury may change the amount of the license fees paid to artists. You may opt out of any such fee changes if you desire by giving us written notice that you are terminating our license.
Information You Provide to Us
When you submit designs, artwork or other materials to TeeFury, you agree to provide personal information that is accurate, current and complete.
You Keep the Copyright
We acknowledge that you continue to own all copyright to your artwork or other materials submitted to TeeFury, subject to the license granted below in this Agreement.
License You Grant to TeeFury
When you submit a design to TeeFury, you grant TeeFury a non-exclusive, royalty-free (except for the license fee set forth above), worldwide, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display (in whole or part), and to incorporate it in other products or works in any form, media, or technology now known or later developed, whether for commercial or marketing purposes or otherwise, and to distribute in connection with your design your name and other personal information that you provide to us. This license will last until you terminate it as set forth in this Agreement. You agree that so long as we are complying with this Agreement, you will not terminate the license you have granted to us with respect to tee shirts or other products that we have actually printed using your design. You agree that you will not sell or license a design you provide to us, and that we have actually printed, in any way that would keep TeeFury from being able to fully use the design. For example, you agree not to provide an “exclusive” license to someone else for a design that you have already provided to us and that we have already printed.
You acknowledge that TeeFury is not obligated to use any design submitted to us. You agree to submit TeeFury all information that you may become aware of suggesting that any design you provide to us infringes the copyright or any other rights of any other person or entity.
You warrant to us that that you have not, and that you will not, submit to TeeFury any designs, artwork or other materials 1) that are prohibited by any applicable laws; 2) for which you do not have the right to grant us the licenses above; 3) that are not created by you; 4) that are owned, in whole or in part, by any other person or entity; 5) that defame or violate the rights of any person, including rights of publicity, personality, privacy, copyrights, intellectual property or otherwise; and 6) that include materials that are obscene, pornographic, offensive, or objectionable. You also warrant that you have the right to grant to TeeFury the rights granted above, and that such rights do not conflict with the rights of any other person or entity or your obligations to them.
You warrant that you are 18 years of age or older and the author of the designs, artwork or other materials provided to us. and you agree to indemnify TeeFury for any liabilities associated with later acts by you or your representatives in connection with the designs, artwork or other materials provided, including any attempt to disaffirm this Agreement at any point in the future. You agree that you and all of your legal guardians, successors, assigns, and representatives will be bound by all provisions contained in this Agreement.
You agree to indemnify, defend and hold harmless TeeFury and its employees, representatives, and agents, from any and all expenses, damages, costs, and liabilities including reasonable attorneys' fees and litigation expenses, arising from or related to any claims, demands or proceedings initiated by any third party due to or arising out of your acts or omissions, including claims arising out of your breach of a warranty that you make in this Agreement.
You also understand and agree that TeeFury cannot control the use that our customers make of our tee shirts, our Web site, or other items containing your design. If a TeeFury customer or Web site users violates our rights or your rights, or claims are brought against you due to the conduct of a customer or user of our site, you agree to look solely to the customer or Web site user for damages or indemnity arising from or related to such uses or claims. You agree that TeeFury has no obligation to monitor the use of or content of any tee shirts , design, comments, or other items obtained from our Web site and TeeFury will have no liability to you for our failure to do so.
YOU AGREE THAT THE MATERIALS AT THE TEEFURY SITE AND ANY LINKED SITE AS WELL AS ALL TEEFURY CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED AT THE TEEFURY SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE TEEFURY SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT IN THE EVENT OF ANY DISPUTE REGARDING YOUR DESIGNS, ARTWORK OR OTHER MATERIALS YOU PROVIDE TO US, ANY TEEFURY LIABILITY SHALL BE LIMITED TO UNPAID LICENSE FEES, IF ANY, OWED TO YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. EXCEPT FOR TERMINATION OF THE LICENSE AS PROVIDED IN THIS AGREEMENT, YOU AGREE THAT YOU WILL NOT BE ENTITLED TO TERMINATE OR RESCIND THIS AGREEMENT, OR TO SEEK EQUITABLE OR INJUNCTIVE RELIEF, OR TO ENJOIN, RESTRAIN OR OTHERWISE INTERFERE WITH THE EXERCISE OF THE LICENSES GRANTED IN THIS AGREEMENT.
TeeFury's Trademarks and Copyright
You agree that the TeeFury trademark and related marks used on the TeeFury Web site and in TeeFury’s tee shirts are trademarks of TeeFury LLC and are solely owned by TeeFury. Except for designs and artwork provided by you, as between you and TeeFury, all media, artwork, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the TeeFury site (collectively the "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the site is owned or licensed by TeeFury, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Agreement, no part of the site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial or other purpose, without TeeFury’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and TeeFury reserves all rights not expressly granted in this Agreement.
Permitted Use of TeeFury Name and Logo
You may use the TeeFury name and our Bird Logo to promote our sale of shirts or other products bearing your design provided that you comply with our Usage Guidelines available here. You agree to stop use of the TeeFury name and any of our logos immediately upon our request.
You agree that we may at any time without notice to you transfer, assign or sell all of our rights under this Agreement to any party that we choose, including any person or entity that acquires our business or any portion of it. If we transfer the license you provide to us to a third party or if TeeFury is sold, you may immediately terminate this the license provided in this Agreement at any time, unless the third party or TeeFury’s purchaser agrees to comply with the terms of this Agreement. Otherwise, your obligations to the person or entity we assign this Agreement to will continue in full force following the assignment.
Survival of Terms
If you elect to terminate the license set forth in this Agreement the following sections of the Agreement will remain in effect following the termination: Design Warranty, Indemnity, Disclaimers, Liability Limitation, TeeFury’s Trademarks and Copyright, and General Terms.
This Agreement is the entire agreement between you and TeeFury related to the licensing of your design, artwork or other materials to us. This Agreement may only be amended in a writing signed by each party. No delay or failure to take action under this Agreement shall constitute any waiver by TeeFury of any provision of this Agreement. The terms of this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions and you agree that any proceeding or action arising from or related to this Agreement, your design, artwork, or other materials you provide to us, that we cannot resolve through discussions, shall be brought exclusively in the courts located within Orange County, California and you agree to the personal jurisdiction of those courts. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement will remain in full force and effect.