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:

  1. Make copies of the work.

  2. Prepare other works based on the original.

  3. Distribute copies of the work to the public by sale, rental, lease or lending.

  4. 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"),

  1. 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
  2. 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.