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User Agreement

Intellectual Property Rights Policy

MyKnickKnackGifts.com provides an automated internet-based service to users, which they use to design and buy merchandise. We are a part of the Design Your Own Network which features artist submitted website templates for printers and access to outside printers and designers. We contractually prohibit our users from using the service to buy merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). We encourage intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights. If you let us know that your rights are being infringed by one of our users we will (in our discretion) require that the user's content is removed from products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
  2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
  3. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise. Simply including www.MyKnickKnackGifts.com is not sufficient to identify what you are objecting to; You must specify explicetly what products you feel are infringing.
  4. Your name, address, telephone number and email address.
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
  6. 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 the copyright or other right that is allegedly infringed.

 

For Our Designers

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by MyKnickKnackGifts.com, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of MyKnickKnackGifts.com or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Site. By submitting Content to MyKnickKnackGifts.com, you grant MyKnickKnackGifts.com a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, MyKnickKnackGifts.com grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

MyKnickKnackGifts.com grants you a non-exclusive, revocable and limited license to use the Content and MyKnickKnackGifts.com's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the MyKnickKnackGifts.com website. We reserve the right to terminate this license at any time.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to MyKnickKnackGifts.com (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to MyKnickKnackGifts.com upon their submission or communication to MyKnickKnackGifts.com, and you do assign all rights therein to MyKnickKnackGifts.com and agree that the same will automatically become the property of MyKnickKnackGifts.com and that MyKnickKnackGifts.com may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose MyKnickKnackGifts.com may elect, forever.

Warranty

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

 

Indemnity

You agree to defend, indemnify and hold MyKnickKnackGifts.com and MyKnickKnackGifts.com's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

If you do not follow the rules set forth above, MyKnickKnackGifts.com may:

  1. Delete the Product(s)
  2. Suspend your Designer account with MyKnickKnackGifts.com ("Account").
  3. Terminate your Account.
  4. Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information.

 

How does MyKnickKnackGifts.com enforce these rules?

MyKnickKnackGifts.com may take the following actions to enforce the terms of this Agreement:

  1. Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.
  2. Make your Product(s) unavailable.
  3. Delete your Product(s).
  4. In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Royalties.
  5. In the case of certain repeat offenders, we will suspend and/or terminate your Account.

Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to our sites and their content, services and tools, delay or remove Designs and Products (including websites) from the Site and discontinue our relationship with any Designers that we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a Product or service.

 

Representations

You represent that:

You are the owner of the Design or that the Design is in the public domain; and
You have the legal right grant this license to MyKnickKnackGifts.com and to enter into this Agreement; and
To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
MyKnickKnackGifts.com may legally make and sell Products incorporating the Design 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

 

Release

If you have a dispute with one or more Users or Designers, you release MyKnickKnackGifts.com (and MyKnickKnackGifts.com's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."