Welcome to CustomSportsProducts.com! We hope you enjoy using the site.
The on-line system for CustomSportsProducts.com is a service provided by
Custom Sports Products and its affiliates, Hour Photos,Inc., Master Photo USA, OrderPicture.Com. This agreement constitutes a binding
agreement between you ("you") and Custom Sports Products ("we","us", "our" or "Custom Sports Products") and its affiliates, please read the following Terms and Conditions ("Terms of Use" or "Terms") carefully.
Using this site will constitute a binding agreement between you and us. Any violation of these Terms may result in removal of your account from our system.
We reserve the right to change these Terms as needed. Please review this document occasionally for any changes.
Copyright
Copyright
can be confusing. "Who owns what?" and "How can I get copies made?"
are questions that frequently arise. This section is to help you
understand why some photos, digital images or logos cannot be copied, digitally
altered or used in our products.
What is Copyright?
The U.S. Constitution and
the Federal Copyright Act give "copyright" protection to "authors" for
their "original works," such as photographs, artwork and logos. Among the protections
that copyright owners have is the exclusive right to:
-
Make copies of the work.
-
Prepare other works
based on the original.
-
Distribute copies of the
work to the public by sale, rental, lease or lending.
-
Publicly perform and
display the work.
These rights are protected
by laws that provide for damages and criminal penalties for violations.
Both the customer and the lab are subject to the law.
Who Owns What?
The law says the "author" is
the owner of the copyright. The author of a photo or image is
usually the person who snapped the shutter or created the image.
If you took the photo, you own the copyright. If a professional
photographer took the photo for you, then he or she owns the copyright.
If that photographer is an employee of a studio or other person in the
business of making photos, then his or her employer is considered the
author.
How Can I Get Copies
Made?
If you do not own the
copyright, then you must contact the photographer or person that owns
the image and get their permission to use the images. A consent
form is available by request, simply contact us, if you wish to use a
photographers images or other artwork.
Your Submissions
Under these Terms, you may NOT upload any of the following materials on
our Service
or obtain any of the following materials by using our Services:
- COPYRIGHTED MATERIAL - By entering the images into our Service you
represent that you are the owner or lawful user of any copyrighted
picture, images, artwork and text.
- PORNOGRAPHIC OR OBSCENE MATERIALS - State and federal law prohibit
the distribution of obscene and pornographic material. All images
considered obscene and pornographic will be removed.
- CHILD PORNOGRAPHY AND IMAGES OF CHILD ABUSE - It is understood and
agreed that all pictures submitted to us are subject to examination and
fall under all applicable laws, including laws which prohibit child
pornography and child abuse. Any perceived violations of law will
be reported to law enforcement authorities if in the sole judgment and
discretion of us, such images are in violation of the law.
While we are not responsible for the content of the submissions, we
reserve the right to delete any submission, that we deem in violation of
copyright law, pornographic, obscene, abusive or unacceptable in any other
way. We may request confirmation of the copyright or trademark
ownership or permission from you. We reserve the right to cancel, or
place orders on hold until such confirmation is received. We may
request the confirmation in writing. If there are claims of copyright,
trademark or other illegal activities we reserve the right to share account
information with law enforcement, government organizations or other third
parties. We will notify you of any such sharing and will provide
contact information of any party claiming such infringement.
By submitting images to us, you agree that any image may be moved,
published, copied, modified, transmitted, removed and displayed by us for
the purposes of delivering the offered services. In addition you
warrant that all moral rights in any uploaded materials have been waved.
Copyright Authorization and Indemnification
You represent that you are familiar with the copyright laws governing
reproduction of copyrighted materials. You agree that each time that
you submit to us any images and any material in any format (whether digital,
film, prints, artwork or otherwise, hereafter referred to as the "works"),
- You shall be the copyright owner, and you authorize you to perform
the activities requested with the works, including the preparation and
publication of derivative works, or
- If you are not the copyright owner, then you shall have received
prior license from the copyright owner to submit the works to us and
license for us to perform the activities requested with the works,
including the preparation and publication of distributive works.
You agree to defend and indemnify us from all expenses and liability
arising from our performing the requested activities at your request,
regardless of legal theory, including violation of statute, our negligence,
your breach of this agreement, or otherwise.
You agree that we shall own the copyright in all derivative works which
we create.
If you believe your work has been copied in any way, feel free to contact
us using the on-line system or at the following address:
Customer Services
Attn: Copyright Protections
Custom Sports Products
1350 East Arapaho Road #124
Richardson, TX 75081
Your Account
You must be 13 years of age to use our Service. If you are a parent
and have any concerns about underage users on our system, please contact us.
Your account is intended for your personal use, but you may invite other
people to view your photos and saved examples. The people you invite
will be able to view your images, and order prints and products from your
photos. They will not have access to your entire account.
Your account is available free of charge, but we reserve the right to
discontinue the Service or disable accounts that have been inactive for over
180 days. We may do so at our discretion after sending an email
warning to the email address you used when you setup your account. If
you fail to respond to the email, your account and the images contained in
it may be removed from our Service.
Linking directly to images on our servers in any manner that is not
specifically part of the Service is prohibited.
Limit of Liability/Warranties
You acknowledge that use of the Services is at your sole risk. The
Service is not warranted to be error free or uninterrupted, and there is no
warrant as to the results obtained through use of the Service. The
Service is made available on an AS IS basis. There are NO WARRANTIES
of any kind, either expressed or implied including but not limited to
warranties of title, no infringement of intellectual property or implied
warranties of merchantability or fitness for a particular purpose or use
with respect to the Service. Neither Custom Sports Products nor anyone else involved
in creating, producing, or services accessible through the Service, will be
liable for any direct, incidental, special or consequential damages, loss of
profits or loss of information arising out of this Agreement. The
provisions of this Section will survive termination of this Agreement.
No other warranties are expressed or implied. The above are the
only warranties of any kind either expressed, implied, statutory or
otherwise. All other warranties are expressly disclaimed. This
warranty gives you specific legal rights. You may have other rights,
which vary from state to state. We are not liable for any direct,
indirect, consequential, or incidental damages, (including business damages)
arising out of the use or the inability to use our Service even if we have
been advised of such damages. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. We do not warrant
the accuracy or completeness of the information, text, graphics, links or
other items contained within our Service.
Privacy Policy
When you create an account on our System you need to provide some
personal information. This information may include your name, email
address, mailing address, etc. We protect and use this information to
provide our Service and fulfill your orders. We reserve the right to
share this information with our partners in order to fulfill your order and
any other part of our service.
As a member of our Service you agree to receive important notices,
transaction information, and marketing materials from us about our site and
products through e-mail. If at anytime your e-mail address becomes invalid,
we may at our sole discretion remove your account from our system.
We may track the way visitors use the site, however, that information is
used only as generic system information. We do not sell individual
user information, profile information or generic system information to third
parties.
Feedback
Any comments or materials sent to us, including feedback data, such as
questions, comments, suggestions or the like regarding the content of any
such documents (collectively "Feedback"), shall be deemed to be the property
of Custom Sports Products. Our use of the Feedback will be in compliance with our Privacy
Policy, which is set forth on the Site, and applicable laws. We shall have
no additional obligations with respect to such Feedback and shall be free to
reproduce, use, disclose, exhibit, display, transform, create derivative
works and distribute the Feedback to others without limitation. Further, we
shall be free to use any ideas, concepts, know-how or techniques contained
in such Feedback for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products incorporating such
Feedback. Application information submitted to us shall be treated
confidentially to the extent required by applicable law or as disclosed in
the application.
Indemnification
You accept these Terms and agree to hold us, our website, our employees
and agents harmless for all actions taken in good faith under the terms of
these provisions. We may make changes to the products described, or to
the materials therein, at any time without notice. This agreement
shall be governed in all respects by the laws of the State of Texas as such
laws are applied to agreements entered into and to be performed entirely
within Texas between Texas residents.
We reserve the right to seek all remedies available at law and in equity
for violations of these Terms and Conditions, including the right to block
access from a particular Internet address to the Site.
Links to Other Internet Web Sites
Some of the Web sites listed as links herein are not under the control of
Custom Sports Products, but rather are exclusively controlled by third parties.
Accordingly, we makes no representations whatsoever concerning such Web
sites. Although we may provide a link to a third party, such a link is not
an authorization, endorsement, sponsorship or affiliation by us with respect
to such Web site, its owners or its providers. We are providing these links
only as a convenience to you. We have not tested any information, products
or software found on such Web sites and therefore cannot make any
representations whatsoever with respect thereto. It is up to you to take
precautions to ensure that whatever you select is free of such items as
viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL Custom Sports Products BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB
SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Copyright and Trademark Information
The information contained at the Service, including but not limited to text
and images herein (other than certain images licensed from third parties)
and their arrangement, are copyright by Custom Sports Products. All rights reserved.
Custom Sports Products and its logo are trademarks of Custom Sports Products. All other trademarks are
property of Custom Sports Products unless otherwise designated or clearly implied herein as
belonging to third parties. Nothing contained at the Service shall be
construed as granting by implication, estoppels, or otherwise any license or
right under any patent, trademark, copyright (except as expressly stated
above) or proprietary rights of Custom Sports Products or of any third party.
The information and materials contained at the Service may not be copied,
transmitted, displayed, distributed, downloaded, licensed, modified,
published, posted, reproduced, used, sold, transmitted, used to create a
derivative work or otherwise used for commercial or public purposes without
Custom Sports Product's prior written consent.
The Service, including this page, may contain other proprietary notices and
copyright information, the terms of which must be observed and followed.
Certain images and information at the Service are the copyright or trademark
of third parties and any use is subject to the terms and conditions of such
third parties.
Refunds and Returns
Our desire is to make sure you receive a product that you are happy with.
If there is a problem, please contact us so we can resolve it quickly.
You must submit concerns using our Feedback Form within 14 days of the
shipped date for your order or within 5 days of receiving your order. After
this period it is our sole discretion whether we will accept a return.
All returns must be pre-authorized. We refund 100% of the item cost once we receive the item.
If you wish to exchange an item, you may be asked to return the original item before a replacement
will be shipped.
If we make a mistake we will gladly correct it by shipping you a new
corrected product free of charge. If you have a problem with your order
simply contact us. We will help you get the problem corrected.
Since custom photo products are one of a kind items, we do not
allow returns for misspellings. Please check your spelling carefully when
placing your order.
Last Updated 6/15/2016.