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Nonexclusive License Agreement

The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create products with Bottle Your Brand's design tools and/or publish a Design to be displayed and/or offered for sale on websites owned or operated by or for BottleYourBrand.com, Inc. (the "Site"). "Design" means any and all artwork, photographs, sketches, drawings, text, stitch files, and digital images that you send to Bottle Your Brand for placement on the Site or on physical or electronic products made by or for Bottle Your Brand ("Products").

Licenses: By uploading Designs to the Site or creating Designs with Bottle Your Brand's design tools, you grant the following licenses to Bottle Your Brand: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products; and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category if you agree that your Design may be used in such category. If you select the "customizable" option, you also agree that Bottle Your Brand and its customers may make changes to the Design for the purposes of creating and ordering Products.

You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights to your Design. Upon the removal of a Design, the licenses above will terminate, except that Bottle Your Brand will fulfill any orders placed prior to termination and Bottle Your Brand may continue to use your Design in marketing and promotional materials if such materials were printed or published prior to removal of the Design.

Tags & Descriptions: At the time you publish a Product, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant products. You will make best efforts to provide accurate, non-misleading information about your Designs and you will not submit unrelated information in connection with your Design for any purpose. If Bottle Your Brand determines that information is misleading or inaccurate or that it violates the rights of a third party, Bottle Your Brand may delete such information or your Design, at its sole discretion.

Pricing: Prices for products on Bottle Your Brand are described on our Site and incorporated into this Agreement by reference. All prices are in US Dollars. Prices and products may change at Bottle Your Brand's discretion.

Representations: You represent that:

  • You are the owner of the Design or that the Design is in the public domain; and
  • You have the legal right grant this license to Bottle Your Brand and to enter into this Agreement; and
  • To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
  • The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
  • The Design is not defamatory or obscene; and
  • The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
  • Bottle Your Brand may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and

User Agreement: This Agreement supplements the Bottle Your Brand User Agreement, which is incorporated by this reference.