- This Tervis Customyzer and Tervis Gallery Usage Policy applies if you order and/or submit Custom Designs to Tervis for printing and/or use in the Website’s Gallery area.
- Your design will be a printed on a clear wrap inserted between the walls of the tumbler. If you are interested in an embroidered emblem, please contact our corporate division at 888-508-8859 or email at email@example.com.
- While we accept most Custom Designs, Tervis cannot guarantee each Custom Design will be accepted. For example, a proposed Custom Design may contain copyrights or trademarks of third parties that neither you nor Tervis has the legal right to use. Alternatively, the proposed Custom Design may contain material that we consider inappropriate or simply do not want to place on our products. Unfortunately, at times this means we may decline Custom Design that otherwise seem unobjectionable. If your Custom Design is rejected, your Design will be canceled and you will be notified via email. Tervis reserves the right to cancel any orders after they have been submitted. If you have any questions regarding our acceptance policy for Custom Design, or would like to request the use of Custom Design that was rejected online, please contact our Customer Service and it will be reviewed.
- While we have the right to decline your Custom Design for any or no reason, you are solely responsible for your Custom Design, and Tervis has no obligation to review or decline your Custom Design.
- Custom Designs shall be created by you or, to the extent this is not the case, you hereby guarantee that you are authorized to use any third party intellectual property in the Custom Design.
- By submitting a Custom Design to the Gallery, you transfer all intellectual property rights you may have in the Custom Design to Tervis. To the extent such transfer is not valid, you grant to Tervis, by submitting the personalized order to us, an exclusive, fully paid, perpetual, royalty free license to use your Custom Design in the widest sense of the word, including but not limited to copy, edit, modify, publicly display, digitize, reproduce and distribute, and to sublicense this right as we see fit. You further grant other users of the Gallery with the right to use your Custom Design to create Products. You agree and understand that you shall have no claim against Tervis or any other party in the event a Custom Design similar to yours is used or designed.
- You agree to indemnify, defend and hold harmless Tervis and its affiliated companies and the directors, officers, employees, and agents of each of them, from and against any and all claims, liability, losses, damages, suits, fees, judgments, costs and expenses (including attorneys’ fees) which Tervis may suffer or incur arising out of or in connection with any claim that (i) Tervis’ use of the Custom Design or any portion thereof infringes or violates any patent, copyright, trade secret, trademark, or other third party intellectual property right or (ii) Your use of the product infringes or violates any patent, copyright, trade secret, trademark, or other third party intellectual property right. Such indemnification specifically includes payment of attorney fees and costs incurred by Tervis, with the law firm chosen to defend such claim being selected by Tervis in Tervis’ sole discretion, in the defense of such a claim, as well as the payment of any settlement judgment, award, appeal or interest payment in the resolution of such claim. This indemnity is in addition to all other remedies available under the law as interpreted and applied according to the laws of the State of Florida.
- Tervis respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement in the Gallery, please provide the following information to Tervis’ Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Tervis’ Copyright Agent
Tervis Customer Care
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