Terms & Conditions
You hereby grant to us the limited, nonexclusive right and license to use your submitted content (artwork, images, text and other content submitted in connection with your purchase) for the purpose of providing goods and services to you, including the right to reproduce, publish and publicly display as necessary to carry out and provide such goods and services. Any content you submit must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.
Your Obligations Regarding Rights in Content
Any content you submit must be owned or controlled by you or you must have sufficient rights therein to submit the content and grant the rights granted under this agreement with respect to such content, such that your submission and our exercise of the rights granted under this agreement will not infringe upon or violate the rights or any third party. You will obtain and pay for any and all clearances or licenses required for the use of the content and any related metadata as intended by this agreement.
Monitoring of Your Content: Removal of Content from Website
Toddy Gear, Inc. does not control or have the right to control the content and does not have any obligation to monitor the content for any purpose. Toddy Gear, Inc. may choose, in its sole discretion, to monitor, review or otherwise access some or all of the content, but by doing so Toddy Gear, Inc. assumes no responsibility for the content, no obligation to modify or remove any inappropriate elements of the content, or to monitor, review or otherwise access any other author's content or artwork.
Toddy Gear, Inc. reserves the right to remove and not use or exploit any of the content in its sole and absolute discretion, for any reason or for no reason, including if Toddy Gear, Inc. believes such content: (i) is offensive, harmful, pornographic, obscene, defamatory unlawful, indecent, inflammatory, false, misleading, fraudulent or otherwise objectionable; (ii) is the subject of a dispute between you or us and a third party; (iii) is content to which you cannot document your rights therein upon Toddy Gear, Inc.’s request; (iv) violates or is alleged to violate the intellectual property rights, privacy rights or other rights or protected interests of a third party; (v) is the subject of a takedown notice by a party claiming to own the rights therein, or (vi) is the subject of any fraudulent activity, or for any other reason in Toddy Gear,, Inc.’s sole and absolute judgment is necessary to protect the business interests of Toddy Gear, Inc. and any of its business partners. Our partners and retailers may reject content for any reason (including but not limited to racist or sexual content or infringing/offensive/prohibited images or content). Toddy Gear, Inc.’s service has been rendered once we have produced and delivered the content, and if your content is rejected for any reason, Toddy Gear, Inc. will have no liability to you, and Toddy Gear, Inc. will not offer any refund or credit for any services.
You represent and warrant to Toddy Gear, Inc. that:
- You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions herein, that you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the content, and to use such individual's identifying or personal information (to the extent such information is used or contained in the content) as contemplated by this agreement. Furthermore, you represent that the exercise of such rights, licenses and permissions by us shall not violate or infringe the rights of any third party.
- You represent and warrant that the content does not plagiarize or pirate any other work or infringe upon or violate any copyright, trademark, trade secret or other proprietary right.
- You represent and warrant that the author content does not violate any right of privacy that is libelous or violate any personal right or other right of any kind of any person or entity.
- You represent and warrant that the author content does not violate state and federal laws or advocate illegal activities.
- You represent and warrant that the author content does not advocate hateful, discriminatory or racist views or actions toward others.
You hereby indemnify, and hold us harmless from any and all damages, claims, liabilities, costs, losses and expenses (including, but not limited to, legal costs and attorneys' fees) (collectively, "claims") arising out of or connected with any claim, demand, or action which arises out of any breach or alleged breach or violation of any of the warranties, representations, covenants or agreements made by you in this Agreement, including, but not limited to, your representations and warranties regarding noninfringement of any copyrights or any other rights in and to any other forms of intellectual property. You will reimburse us, on demand, for any payment made by us at any time with respect to any damage, liability, cost, loss or expense to which the foregoing indemnity applies.
Under this section, we may permit or require you to control the defense, disposition or settlement of the matter at your own expenses, provided that you shall not, without our prior written consent, enter into any settlement or agree to any disposition that requires any admission of liability by Toddy Gear, Inc. or imposes any conditions or obligations on Toddy Gear, Inc. other than the payment of monies that are readily measurable for purposes of determining your monetary indemnification or reimbursement obligations to us. If we, in our reasonable and good faith judgment conclude that you are not capable of defending your or our interests against any claims, then we shall have the option to control the defense in any matter or litigation through counsel and location of our own choosing to defend against any such claim for which you owe Toddy Gear, Inc. an indemnification, and the costs of such counsel, as well as any court costs, shall be at your expense.
Copyright and Intellectual Property Infringements
Notice and procedure for making claims of copyright or other intellectual property infringements.
- Toddy Gear, Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the site or the Toddy Gear, Inc. service.
- If you believe that any productions or submissions made available on or through the site or the Toddy Gear, Inc. service have been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the designated agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Toddy Gear to locate the material;
- Information reasonably sufficient to permit Toddy Gear, Inc. to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information.
- Via E-mail : firstname.lastname@example.org
- Via U.S. Mail : Attn: Todd Gabel, 224 N Desplaines #301, Chicago, IL 60661
- Counter Notification. If you receive a notification from Toddy Gear, Inc. that material made available by you through the Toddy Gear, Inc. service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Toddy Gear, Inc. with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Toddy Gear Inc.’s designated agent and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Toddy Gear, Inc. may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Toddy Gear, Inc. relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.