Design Submission and Order Policy
1. You must have all necessary legal rights in your Design. You agree that you have the legal rights to use your Design, and by submitting the Design, you hereby grant to D’Addario the irrevocable, royalty-free, right and license to reproduce, print, create derivative works from, and otherwise use the Design as is necessary to provide you the goods and services that you have purchased through this website. When you submit the Design to us, you warrant that it is your Design or that you have all necessary rights to it. If you are not sure, ask the owner or Design creator to agree.
By submitting a Design you warrant and represent that: (a) the Design is your original work, (b) the Design has not been previously published, (c) the Design does not infringe upon the copyrights, trademarks, rights of privacy or publicity, or other intellectual property or other rights of any person or entity; (d) you have obtained permission from any person whose name, likeness or other identifying feature is used in the Design; (e) reproduction of the Design in order to provide you the services will not infringe on any third party rights; (f) the Design is not defamatory, unlawful, or sexually explicit; and (g) the Design does not have content that depicts or incites violence, is derogatory of any ethnic, racial, gender, or religious group, or contains nudity, illegal drugs, profanity, or “hate” speech. For example, to illustrate several of the foregoing concepts, the Design cannot contain the Coke® trademark or cans, a picture of Jimi Hendrix, or butts. No schools, music groups, record labels, etc. – unless you have specific official, written authorization from them.
You will indemnify and hold harmless D'Addario & Company, Inc., and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents from any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of this Policy; (b) your violation of any local, state, federal, or international law, rule or regulation; (c) a claim by a third-party that is based on your use of the website or the Design; (d) Designs submitted by your account, even if not submitted by you; (e) any misrepresentation made by you; (f) any dispute between you and a dealer or another user of the website; (g) the theft, misappropriation, or disclosure of your account credentials; (h) your use of any of the services provided through the website, including, without limitation, injury to any person or damage to any property. You will cooperate as fully and as reasonably required in D’Addario’s defense of any claim, and D’Addario reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event, you shall not settle any matter without the written consent of D’Addario.
2. Your Design may be rejected in D’Addario’s sole discretion. All Designs may be reviewed by D’Addario, and D’Addario is under no obligation to print the Design you have submitted. We reserve the right to not print any Design for any reason, including if we reasonably believe, in our sole discretion, that it does not comply with this Policy, is unlawful, or could otherwise harm any person or entity. We have no obligation to explain our reasons for the rejection. If you think that we were wrong to reject your Design, you can send us an email explaining why you think we are wrong. But we are under no obligation to re-consider our rejection. You are fully responsible for your Design, and you release us from any liability regarding any order, whether we reject or print the Design. Printing the Design is not an endorsement of your Design or an admission by D’Addario that your Design complies with this Policy.
4. Shipping and Returns. For US Customers: We will try to ship your order within 30 days after your payment is verified. For International Customers: Please allow up to 90 days to receive your order. You may only return the product shipped to you if it is defective. We will not accept returns because you do not like the Design or it does not meet your expectations. We are not responsible for any failure in communications, malfunctions, or poor transmission of the Design or any order details. If you believe the goods received are defective, provide an image of the defect to your D’Addario sales or customer service representative. We will evaluate your concerns and if a defect is found, a refund, account credit, or product replacement will be offered in our sole discretion.
5. Limitation of Liability. YOU AGREE THAT D’ADDARIO IS NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE WEBSITE, THE CONTENT, MESSAGES, AND/OR ANY SERVICES PERFORMED THROUGH THE WEBSITE OR ANY FAILURE OF PERFORMANCE; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE WEBSITE OR PRINTING OF THE DESIGN; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY D’ADDARIO, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR INTELLECTUAL PROPERTY OWNERS; EVEN IF D’ADDARIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF D’ADDARIO’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
6. No Warranty. THE WEBSITES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. D’ADDARIO SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITES AND PRODUCTS. D’ADDARIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR ENABLED BY OR THROUGH THE WEBSITES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED.
7. Contact Us. If you have any questions, please contact us at email@example.com.