ARTWORK / LOGOS & TRADE NAMES

LOGOS / TRADE NAMES

You agree to indemnify, hold harmless and defend True Digital Industries and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by True Digital Industries, due to or arising out of your use of logos or trade names, your use or misuse of the site, your violation of this Terms of Service Agreement, or your violation of any rights of another.

ARTWORK

You agree that all artwork (including logos) you submit to True Digital Industries accurately depicts the design features you desire and that True Digital Industries has the right to edit or alter your artwork to fit our printing standards and requirements. Many logos submitted do not meet True Digital Industries standards. If your artwork does not fit True Digital Industries printing standards and requirements, logo edits will be made pro-actively, logos appearing on garments in the store will be updated and the store will launch. True Digital Industries will communicate with you when a logo edit has been made and you will be deemed to have consented to the proposed changes and to have authorized True Digital Industries to proceed with fulfilling the order(s) using the modified artwork. Notwithstanding the foregoing, True Digital Industries may refuse to proceed with any order(s) using modified artwork and shall not be liable in any manner as a result in any delivery delays. True Digital Industries reserves the right to deny the use of any artwork that it believes, in its sole discretion, may violate the rights of third parties and to use any artwork uploaded to our site for marketing purposes.

COPYRIGHT AND TRADEMARK POLICIES

It is our policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the right of infringer to use the Site.

DISCLAIMERS AND LIMITATION OF LIABILITY

The site is provided “AS IS” without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-in-fringement of intellectual property. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. In no event will True Digital Industries, its suppliers, or other third parties be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend True Digital Industries and its parent, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by True Digital Industries, due to or arising out of your reviews/comments, your use or misuse of the site, your violation of this Terms of Service Agreement, or your violation of any rights of another.