BRAND CUSTOMIZER TERMS OF USE
The terms and conditions as well as the following terms (collectively the “Terms”) apply to your use of the Brand Customizer tool:
Please read the Terms carefully before using the Brand Customizer tool.
Your access to and use of the Brand Customizer tool is based on your acceptance of and compliance with the Terms. These Terms apply to all visitors, users and others who access or use the Brand Customizer tool.
By accessing or using the Brand Customizer tool you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Brand Customizer tool.
Artwork
The Brand Customizer tool allows you to upload various text, graphics or other materials (collectively referred to as “Artwork”) and place them virtually through our website on HABCO Manufacturing Inc. (“HABCO”) products. You are responsible for the Artwork that you post to the Brand Customizer tool, including its legality, reliability, and appropriateness.
By posting Artwork to the Brand Customizer tool, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Artwork on and through the Brand Customizer tool and any HABCO websites. You retain any and all of your rights to any Artwork you submit, post or display on or through the Brand Customizer tool and you are responsible for protecting those rights.
You represent and warrant that: (i) the Artwork is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Artwork on or through the Brand Customizer tool does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove Artwork or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by us providing you with access to the Brand Customizer tool, that we are merely acting as a passive conduit and are not undertaking any obligation or liability relating to any Artworks or activities on the Brand Customizer tool.
The Artwork uploaded to the Brand Customizer tool and subsequent fulfillment of branded equipment images and/or collateral is the intellectual property of the respective trademark and/or copyright holders, including but not limited to HABCO Manufacturing Inc., as applicable.
Use
The Brand Customizer tool is offered to you as a convenience for lawful use with proper permission from the applicable trademark and/or copyright holders of the Artwork only. HABCO specifically authorizes use of our intellectual property with the uploaded Artwork only for the purpose of your own personal, non-commercial use. Any other use is only authorized once the applicable trademark and/or copyright owner(s) have co-authorized, in writing, such use:
You hereby agree that:
- The Artwork uploaded and submitted in conjunction with HABCO branded images and collateral provided, will be used for non-commercial use without infringing on the rights of the copyright and/or trademark holder and in compliance with any intellectual property laws;
- You will not upload or disseminate unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane, racist, harmful, threatening or menacing or any other material which could give rise to any civil or criminal liability;
- You will not alter or embellish HABCO copyright collateral or images generated by the Brand Customizer tool in any way without prior written consent of HABCO Manufacturing Inc.
Prior to public domain and/or commercial use or dissemination, you agree to obtain the express written permission of HABCO and the owners of the Artwork. Failure to obtain such permission is a violation of these Terms and may be a violation of applicable law, which may subject you to specific financial and criminal penalties.
HABCO reserves the right to review all submissions and disclose your identity to any third party claiming that Artwork uploaded by you to the Brand Customizer tool constitutes a violation of their intellectual property rights, their right to privacy or harmful or unlawful in any way.
Indemnity
You agree to indemnify, defend and hold harmless HABCO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party through your use of the Brand Customizer tool.
General
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Brand Customizer tool after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Brand Customizer tool.
