Intellectual Property Policy

This Privacy Policy (“Privacy Policy”) governs the manner in which DTF Rush Orders.com (hereinafter “DTF Rush Orders” / “we” / “our” as applicable) collects, uses, maintains, and discloses information collected from users (each, a "User" / “you” / “your” as applicable) of www.dtfrushorders.com, its ecommerce website selling transfers, accessories, and more (collectively, the “Sites”). This privacy policy applies to the Sites and all products and services offered by DTF Rush Orders.com and its sister brands and company.

DTF Rush Orders is committed to respecting your intellectual property rights as well as those of others. We encourage you to read this Policy thoroughly. By accessing or utilizing the Sites, you agree to adhere to this Policy and any additional guidelines, restrictions, or rules that may be applied to specific sections or services of the Sites.  

DTF Rush Orders retains the authority to modify the Sites and this Policy at any time, without providing advance notice.

Your Content and Material

 

Any content and materials you provide to DTF Rush Orders through the Sites, such as photographs, videos, images, text, graphics, and other similar materials (together referred to as "Designs"), fall under the terms and conditions of this Policy, as integrated into the User Agreement. By utilizing the Sites, you consent to ensure that all your uploads, stored items, or usage on the Sites adhere to both this Policy and the User Agreement. Additionally, you acknowledge and accept responsibility for any Designs that fail to conform to DTF Rush orders’ Policy.

You will maintain ownership of any Designs you submit. You give DTF Rush Orders a global, non-exclusive, transferable, royalty-free, everlasting, and unrevokable right and license, including the right to sublicense at various levels, to utilize, replicate, distribute across multiple levels, create derivative works from, publicly exhibit, and store such Designs. This is exclusively for the purpose of producing or providing any product or service you request, or to demonstrate how your Designs might be used in or on DTF Rush Orders’ products or services.

As an example, if you order custom clothing or offer your Designs for commercial use on tangible products, DTF Rush Orders will handle, adjust (as needed), and process the Designs for merchandising, including production, packaging, and shipping. Furthermore, you provide a non-exclusive, global, transferable, royalty-free, sub-licensable permission for DTF Rush Orders to employ, replicate, publicly exhibit, sell, and disseminate the Designs in various forms of advertising, marketing, samples, and promotional activities. This is aimed at promoting the Sites and aiding in the sale of your product across different media formats and channels. This promotional activity may include, but is not limited to: (i) showcasing your products; (ii) broadcasting promotional audio, video, or photographic content on the Sites; (iii) placing Designs in magazines, TV shows, movies, and other forms of media; and (iv) promoting the Sites via third-party channels.

Additionally, you provide every user of the Sites a non-exclusive license to access and interact with your Designs on the Sites. This includes the rights to use, copy, distribute, and showcase your Designs in a manner that is allowed by the Sites' features, and in accordance with both this Policy and the User Agreement.

 

You declare and guarantee that you hold or have acquired all essential rights for the utilization of the Designs, and that the Designs neither currently nor in the future:

  • Violate, unlawfully use, reveal without permission, or otherwise infringe upon any copyright, trademark, service mark, trade secret, moral rights, or any other intellectual property or proprietary rights of a third party.
  • Invade or otherwise violate the privacy and/or publicity rights of any individual 
  • Breach any legal statutes, or hold or distribute fraudulent, menacing, abusive, slanderous, defamatory, vulgar, or otherwise unacceptable materials, products, services, plans, or promotions. Additionally, ensure that the content and materials are free from harmful code, such as viruses, trojan horses, worms, time bombs, cancelbots, or any computer programming that could potentially harm, disrupt, secretly intercept, or unlawfully seize any system, software, data, or personal information.

You also affirm that there are no unresolved conflicts regarding the ownership rights, intellectual property rights, or any other claims related to the Designs or any portion of them

All Designs that you upload are automatically stored by DTF Rush Orders.  DTF Rush Orders does not review any of your content and material before you upload them to the Sites.  As such, uploading your Designs to the Sites does not mean that such Designs are in compliance with this Policy and Content Guidelines.  By uploading Designs to the Sites, you assume full responsibility for all such Designs and for compliance with this Policy.

You agree that any Designs submitted as part of an order for services may be reviewed for compliance with this Policy and Content Guidelines.  DTF Rush Orders may refuse to use any Designs and may suspend processing and shipping of any order relating to the Designs.  DTF Rush Orders and its designees reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Designs you upload to or transmit through the Sites.  If you fail to provide DTF Rush Orders with satisfactory confirmation upon request, DTF Rush Orders reserves the right to remove or deny access to any or all of your Designs available via the Sites and to suspend or terminate your account.  In addition, you agree that DTF Rush Orders may disclose any Designs and the circumstances surrounding their submission and use to any third party in order to provide the requested services, enforce this Policy, or comply with any legal obligations or governmental requests.  

You consent to the use of your name, image, and likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any submitted Designs to use such individual's name, image, and likeness, for purposes of using and otherwise exploiting the Designs in the manner contemplated by this Policy, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release, and/or permission from such individual's parent or guardian (and you agree to provide DTF Rush Orders with a copy of any such consents, releases, and/or permissions upon DTF Rush Orders’ request).  

You agree to indemnify and hold DTF Rush Orders, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third-party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses, and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from:

  • Your violation of this Policy, User Agreement, or any other agreement with DTF Rush Orders, any representation or warranty contained herein or therein or any applicable law; 
  • Your Designs; 
  • Your activities in connection with obtaining any products or services from DTF Rush Orders; and/or
  • Any activity related to access to or use of your account by you or any other person.

Designs that do not comply with this Policy are subject to removal from the Site. DTF Rush Orders disclaims any responsibility or liability for the deletion, failure to delete, or loss of any Designs on its Sites. It is advisable for you to maintain backup copies of your Designs in your personal storage system.

DTF Rush Orders Content

The websites of DTF Rush Orders feature a variety of materials including graphics, photos, images, document layouts, templates, artwork, text, fonts, and software tools, collectively known as “DTF Rush Orders Content.” This content, along with the Sites themselves, are copyrighted properties of DTF Rush Orders and/or its affiliates, or are properties licensed to DTF Rush Orders by third parties. All rights to the Sites and DTF Rush Orders Content are globally reserved. Unauthorized retention, copying, distribution, publication, or use of any part of the DTF Rush Orders Content is strictly forbidden, except as explicitly permitted in this Policy. DTF Rush Orders retains the authority to alter, remove, or add to any portion of the DTF Rush Orders Content at any time without prior notification. Changes to the DTF Rush Orders Content continue to be owned by DTF Rush Orders and its licensors.

You may not use any of DTF Rush Orders' trade names, trademarks, or service marks, whether they are registered or not, with any product or service that isn't affiliated with DTF Rush Orders, nor in a way that could potentially cause confusion. Nothing on the Sites should be interpreted as implicitly or explicitly granting any license or right to use any of DTF Rush Orders' trade names, trademarks, or service marks without the explicit written permission of DTF Rush Orders. Any trade names, trademarks, and service marks appearing on the Sites that are not owned by DTF Rush Orders belong to their respective owners.

If you have any questions about this Policy, please contact us at legal@dtfrushorders.com.

Reporting Claims of Trademark and Copyright Infringement

DTF Rush Orders takes claims of trademark and copyright infringement seriously.  You can submit an IP / Copyright / Trademark Violation through our submission form.

Trademark Infringement

DTF Rush Orders will respond to notices of alleged trademark infringement.  If you believe that any materials accessible on or from the Sites infringe your trademark, you may request removal of those materials from the Sites by submitting written notification to us at legal@dtfrushorders.com.  The written notice must include the following information:

  • Your physical or electronic signature.
  • Identification of the trademark or trademarks you believe to have been infringed and information providing evidence of your ownership of the trademark.
  • Identification of the material you believe the infringing trademark appears in a sufficiently precise manner to allow DTF Rush Orders to locate that material.
  • Adequate information by which DTF Rush Orders can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the trademark is not authorized and information providing evidence of your ownership of the trademark.
  • A statement is applicable, that you are authorized to act on behalf of the trademark owner.

Copyright Infringement

DTF Rush Orders will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe that any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below.  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow DTF Rush Orders to locate that material.
  • Adequate information by which DTF Rush Orders can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DTF Rush Orders’ designated copyright DMCA Notices Contact:   

DTF Rush Orders | Attn: Legal
7080 West SR-84, STE 1, Davie, FL 33317
954-404-8103
legal@dtfrushorders.com

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with DTF Rush Orders (a "Counter Notice") by submitting written notification to our copyright agent designated above.  Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled because of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.

The DMCA allows DTF Rush Orders to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly and materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is DTF Rush Orders’ policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Last updated on 9/25/23