These terms and conditions (the “Terms”) govern the Custom Propane’t Shop service that Litter Quality Propane offers, and is between Bob Litter’s Fuel & Heating Co., Inc., dba Litter Quality Propane (“Litter”), which may be contacted at 524 Eastern Avenue, Chillicothe, Ohio 45601, and you (“You”), the customer who desires to submit a text, trademark, photograph, logo, graphic or design (the “Content”) for use in production of a custom application as a vinyl covering and/or propane storage tank wrap. Your participation by submitting a text, trademark, photograph, logo, graphic or design constitutes acceptance of this Agreement (the “Agreement”) in accordance with the Terms in this Agreement.
1. You agree to grant Litter and its designees and agents, a worldwide, non-exclusive royalty-free, perpetual right and license, with the right to sub-license, use, reproduce, create derivative works of and publicly display the Content in connection with the production of a vinyl covering and/or a propane storage tank wrap and/or any other product or service You request to be produced by Litter. You agree that Litter in its sole discretion may, without royalty or other payments to You, use a likeness of the finished product in any marketing, advertising and/or promotional campaign of Litter, as it relates to Litter’s Custom Propane’t Shop.
2. You understand and acknowledge that although you retain all copyright and/or intellectual property ownership rights to any submitted Content, Litter shall retain all ownership rights, in all forms, to any such templates, layouts, or designs, including but not limited to, proofs, demos, and/or finished products, vinyl coverings and tank wraps, that contain or may contain the Content, which were produced for and/or that may have been shown to You. These design elements, layouts, vinyl coverings and/or tank wraps, are, and will be at all times the sole property of Litter, and You agree that You shall not make any claim to ownership thereof. Litter shall grant to You a license to use the custom designed product for a term that corresponds with the applicable Propane Storage Tank Lease that is executed with Litter.
3. By submitting Content to Litter, You represent to Litter that: (1) You are of at least 18 years of age; and (2) any persons identified in the Content have consented to the submission of the Content to Litter and further use of the Content as contemplated herein; and (3) the Content is a high resolution image of at least 300 DPI (Dots Per Inch) and is less than 5MB in data size; and (4) Litter’s use of Content in the manner contemplated herein and the rights and licenses granted under this
Agreement do not, and will not, violate any right of, or conflict with or violate any right or commitment made to any third party, and no consent or authorization from any third party is required in connection with such use. You further explicitly represent and warrant that You are authorized to submit, upload, use, display either publicly or privately, and allow to be used and licensed to Litter for the purposes of this Agreement, all Content that you may submit. You further warrant that any Content or artwork provided by You, is rightfully owned by You or that You have permission or the right to use such Content and that You are in compliance with all applicable laws, including licensing and copyright laws related to the Content You are providing for use by Litter with respect to producing all products You request. You agree to indemnify and hold Litter, its affiliates, subsidiaries, parent corporations, directors, officers, and employees harmless from any and all claims, demands, suits, damages, liabilities and/or causes of action and agree to pay all costs related to any improper use of the Content by You, included but not limited to reasonable attorney’s fees.
4. Litter shall be not responsible to return any submitted materials that are submitted to Litter and/or its employees and agents. Litter shall not be responsible for any loss thereof any submitted Content.
5. If requested by Litter, You agree to provide satisfactory proof of Your ability and right to use the submitted Content as provided by this Agreement. Litter shall not bear any liability in relation to Your submission of the Content, or in relation to Litter’s reliance upon You or any proof of Your right to use the Content as it relates to the use and production thereof any products, vinyl coverings, and/or tank wraps containing any of the submitted Content.
6. You waive any and all rights to damages, demands, claims, causes of action or any right to bring legal suit, arbitration or mediation, in relation to any action or omission by Litter, its affiliates, subsidiaries, parent corporations, and/or directors, officers, and employees that may have caused harm or injury to You on account of, or in relation to the subject matter or content of the submitted Content.
7. You understand and acknowledge that You agree that Litter in its sole discretion, may refuse, restrict, deny, and/or prohibit the use of any submitted Content on any Litter product or products and services, without cause or justification and with no obligation to make known the reason thereof.
8. You agree that the laws of the State of Ohio govern all matters arising under or relating to this Agreement, and You agree to submit to the exclusive jurisdiction of the courts of the State of Ohio or the courts of the United States located in the State of Ohio.