Some features of the Service allow image professionals or clients to submit and publish content, such as apparel photos, product photos, Catalogs, descriptions, and comments.
Image professionals retain ownership of content submitted by themselves or their clients.
Uploaders agree not to submit or use content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person
- May create a risk of any other loss or damage to any person or property
- Seeks to harm or exploit children by sharing content featuring them or exposing them to inappropriate content
- May constitute or contribute to a crime or tort
- Contains any information or content that we deem to be unlawful, harmful, pornographic or sexual, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable
- Contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin
- Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets)
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- Contains any information or content that you know is not correct and current or is misleading
You agree that any content you upload does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. Hue & Stripe reserves the right, but is not obligated, to reject and/or remove any uploaded content that Hue & Stripe believes, in its sole discretion, violates these provisions. You understand that publishing your content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
Intellectual Property Rights
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your uploaded content, you affirm, represent and warrant the following:
- Your uploaded content and Hue & Stripe's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
- Hue & Stripe may exercise the rights to your uploaded content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your uploaded content or which might in any way impair the rights granted by you hereunder.
- If your uploaded content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such uploaded content to Hue & Stripe, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the uploaded content created by you, and to license such uploaded content to Hue & Stripe for the purposes set forth herein.
- Your uploaded content is neither obscene, sexual or pornographic, defamatory, or otherwise objectionable.
- To the best of your knowledge, all your uploaded content and other information that you provide to us is truthful, not misleading and accurate.
- You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Hue & Stripe.
- If you use the Service to post, publish or print uploaded content, you agree that you have verified that the uploaded content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party's Intellectual Property Rights, or otherwise breaches these terms.
- Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Hue & Stripe shall send you written notice of such claim, using the email address provided by you to Hue & Stripe, specifying the details of the claim as then known to Hue & Stripe. Pending the determination of such claim, Hue & Stripe may withhold from commission earnings and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Hue & Stripe.
Hue & Stripe takes no responsibility and assumes no liability for any uploaded content that you or any other user publishes using the Service. You shall be solely responsible for your uploaded content and the consequences of posting and publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your uploaded content. You understand and agree that you may be exposed to uploaded content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Hue & Stripe shall not be liable for any damages you allege to incur as a result of uploaded content. In the event that your uploaded content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Hue & Stripe may disclose such uploaded content to law enforcement or other government authorities.