OFF YOUR BACK SHIRTS, LLC SUBMISSION AGREEMENT AND POLICY
Last updated 12/7/06
Designs for t-shirts produced by OFF YOUR BACK SHIRTS, LLC comes from a variety of sources, including OFF YOUR BACK SHIRTS, LLC, its employees, affiliates, licensees, and other third parties. OFF YOUR BACK SHIRTS, LLC also accepts submissions from customers and the public, but only pursuant to the terms set forth in this agreement. OFF YOUR BACK SHIRTS, LLC WILL NOT ACCEPT ANY SUBMISSION UNLESS THE DESIGNER EXPRESSLY AGREES TO THE TERMS OF THIS AGREEMENT AND POLICY.
The person below (the "Designer") desires to submit t-shirt designs to OFF YOUR BACK SHIRTS, LLC to evaluate and review. The parties understand and acknowledge as follows:
- If accepted, OFF YOUR BACK SHIRTS, LLC retains exclusive rights to the submitted design, if chosen, for printing and selling on clothing. OFF YOUR BACK SHIRTS, LLC.com also retains rights to the design itself for use in marketing and advertising including on the OFF YOUR BACK SHIRTS, LLC.com website, and any OFF YOUR BACK SHIRTS, LLC.com promotional material.
- The t-shirt design must be the Designer's own original artwork and may not have been previously published in any form – commercially or otherwise. The t-shirt design may not contain the trademarks, copyrighted works, logos, or intellectual property of any third parties.
- The Designer knowingly submits a t-shirt design with the understanding that the design, if accepted, may be changed in form and character from the original t-shirt design.
- The Designer must be aware that OFF YOUR BACK SHIRTS, LLC is actively creating new ideas for t-shirt designs and also receives numerous t-shirt submissions on an on-going basis. As such, OFF YOUR BACK SHIRTS, LLC may design and/or print a t-shirt of similar character and/or content as a Designer’s t-shirt design submission. It is understood and agreed that the Designer will be notified and compensated for a t-shirt design only if OFF YOUR BACK SHIRTS, LLC uses the t-shirt design based solely on the submission of the Designer.
- OFF YOUR BACK SHIRTS, LLC is under no obligation to return t-shirt designs to the Designer, nor is OFF YOUR BACK SHIRTS, LLC liable for the destruction or loss of t-shirt designs. The Designer is expected to keep an original copy of the design.
- By submitting a t-shirt design, the Designer is acknowledging that the t-shirt design is original and owned solely by the Designer. The Designer, by submitting the t-shirt design, is admitting to having the right and authority to give OFF YOUR BACK SHIRTS, LLC all rights related to the design. The Designer is also admitting by submitting the t-shirt design, that the Designer has not submitted the design or anything similar to any other company, party, or person for their consideration. In the event any third party makes any claim against OFF YOUR BACK SHIRTS, LLC relating to its possession, use, or transfer of the Material, the Designer agrees to defend and indemnify OFF YOUR BACK SHIRTS, LLC against such claims. The Designer expressly waives and releases any claim that it could have against OFF YOUR BACK SHIRTS, LLC for OFF YOUR BACK SHIRTS, LLC’s use, possession, or transfer of the t-shirt design.
- OFF YOUR BACK SHIRTS, LLC is under no obligation to inform the Designer that a t-shirt design was not accepted.
- The decisions of OFF YOUR BACK SHIRTS, LLC related to submissions of t-shirt designs are final and binding.
- The Designer may display or archive the design in a portfolio or personal collection, but may not sell or reproduce the design for commercial purposes during the 120 day submission period.
- OFF YOUR BACK SHIRTS, LLC releases all claims on the design after 120 days from the date of submission if the design is not accepted and the Designer notified. At such time, a Designer may use the t-shirt design for other commercial purposes, including submitting to other submission contests.
- This written agreement is the sole expression of the relationship between OFF YOUR BACK SHIRTS, LLC and the Designer. Any changes to this policy and agreement must be done in writing. The Designer agrees that no oral agreements or promises of any kind have been made to the Designer.
- Nothing in this Agreement shall be construed as creating any obligation or an expectation on the part of either party to enter into a business relationship with the other party, or an obligation to refrain from entering into a business relationship with any third party. By submitting a t-shirt design and agreeing to this Agreement, the Designer admits to doing so freely, and on the Designer’s own accord. Nothing contained in this Agreement shall be construed as creating a business relationship of any kind, beyond entering submitting a t-shirt design for consideration, between OFF YOUR BACK SHIRTS, LLC and the Designer. Except as specified herein, neither the Designer nor OFF YOUR BACK SHIRTS, LLC shall have the right or implied authority to create any obligation or duty, express or implied, on behalf of any other party hereto.
- If a design is accepted, notwithstanding any other agreement or previous understanding or expectation of the undersigned with OFF YOUR BACK SHIRTS, LLC, the Designer HEREBY WAIVES and shall neither have, nor claim or assert, any right or interest whatsoever in or to any image, statement, or other feature of any T-shirt, article of clothing, or other product now or hereafter designed, produced, sold, distributed, or otherwise dealt with by or on behalf of the Company.
- The formation, interpretation and performance of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts. In the event that any provision hereof is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.