Privacy Policy

Privacy Policy

Introduction

Please be comforted when using InkAddict...we are not a website which discloses our customer's information. InkAddict respects each individual's right to personal privacy. We will collect and use information through our InkAddict Site ("Site") only in the ways disclosed in this statement. This statement applies solely to information collected at Site.

Information Collected by Cookies and Tracking Pixels

InkAddict uses cookies on the Site. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. InkAddict's cookies do not collect or store personally identifiable information.

InkAddict uses tracking pixels to collect traffic behavior for use in advertising our products. This data is not sold or used for purposes other than displaying relevant product information to potential customers. The pixels used may change at any time and include Pinterest, Facebook, and Google Analytics.

Third Party Pixels and Cookies

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting: https://app.retention.com/optout

 

How We Secure Your Information?

When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. In addition, your InkAddict account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. 

We operate internationally and many of our computer systems are currently based in the United States. As a result, your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to this privacy policy and you consent to the transfer of all information you provide to the United States

How Do We Use Information?

We use the personally identifiable information you provide to:

  • provide the features and functionality of the Site;
  • fulfill your requests for our products and services;
  • pay royalties and referral fees;
  • communicate with you about the status of your orders and other inquiries about our products and services;
  • send you information about our products and services; and
  • provide notices about the results of sweepstakes, contest, and other promotions.

We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your account settings. Your e-mail address will only be used for this purpose unless permission is otherwise granted. We do not use your email address or other personally identifiable information to send marketing messages without your consent. 

We use non-personally identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site and improve our products and services.

Does InkAddict Disclose the Information?

Generally, InkAddict does not share personal information about you with other people or nonaffiliated companies without your consent except that: 

We do provide information to our agents and trusted service providers and contractors for limited purposes, such as: fulfilling customer orders and processing credit card transactions; offering certain products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our privacy policy. 

InkAddict may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:

  • comply with law;
  • comply with subpoenas, warrants, court orders, government investigations, or other legal process;
  • enforce or apply the terms of any of our user or license agreements;
  • investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
  • investigate fraud or similar claims; or
  • protect the rights, property or safety of InkAddict, our users, or others.

In the event that InkAddict is acquired by, or merged with, another company it reserves the right to transfer all information we have collected from our users in connection with such acquisition or merger.

Problem Solving and Changing Information

Most of your account information can be changed in the account section of the InkAddict Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at info@inkaddict.com

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WELCOME TO INKADDICT.COM ("INKADDICT" OR “SITE”). INKADDICT PROVIDES ITS WEBSITE AND RELATED SERVICES TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, DO NOT ACCESS OR USE THIS SITE. YOUR ACCEPTACE OF THIS AGREEMENT COMMITS YOU TO ABIDE BY THE TERMS SET FORTH HEREIN. INKADDICT MAY CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND INKADDICT MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT INFO@INKADDICT.COM.

USER ACCOUNT

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your account. You agree to (a) immediately notify Inkaddict of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Inkaddict will not be liable for any loss or damage arising from your failure to comply with this Section.

USER CONDUCT

You hereby agree that when you access Inkaddict you will not:

  1. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, stitch files, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. Violate any existing trademark or patent laws including trademark infringement.
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
  5. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. upload, download, post, email or otherwise transmit false or misleading information;
  7. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
  8. access, tamper with or use non-public areas of the Site.
  9. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
  10. frame or link to the Site except as permitted in writing by Inkaddict;
  11. incorporate images or names that would violate a person's right of privacy or publicity; or
  12. incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Inkaddict Custom Apparel).

Inkaddict does not pre-screen submitted Content, you acknowledge that Inkaddict and its designees shall have the right, in it’s sole discretion, to reject or remove any Content that is posted to the Site. InkAddict only acts and a venue for which you can post your content and form clothing. You agree you are solely liable for the content which you submit and any laws you violate when submitting the content. 
You agree that you will use this Site and any products ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

PRIVACY OF THE USERS

Your privacy is very important to Inkaddict. Users of this Site should refer to our Privacy Policy for information about how Inkaddict collects and uses personal information. By accepting this Agreement you expressly consent to Inkaddict's disclosure and use of your personal information as described in the Privacy Policy which is incorporated herein.

PROPRIETARY RIGHTS

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Inkaddict, its advertisers or other third parties, is protected by and does not violate any trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright or trademark laws. Further you acknowledge Inkaddict has no liability in any intellectual property laws you may violate. 
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, tattoos, concepts or other written materials which you submit or communicate to Inkaddict (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Inkaddict upon their submission or communication to Inkaddict, and you do assign all rights therein to Inkaddict and agree that the same will automatically become the property of Inkaddict and that Inkaddict may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Inkaddict may elect, forever.

INTELLECTUAL PROPERTY POLICY

Inkaddict respects the intellectual property rights of others. We ask our users to do the same. Inkaddict may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. 
If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Inkaddict's Copyright Agent, and provide the following information ("Notice"):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
  2. a description of the copyrighted work and/or trademark claimed to have been infringed;
  3. a description of where the claimed infringing Content is located on our Site;
  4. your address, telephone number, and email address
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Inkaddict's Copyright Agent can be reached at: info@Inkaddict.com

INTELLECTUAL PROPERTY NON-VIOLATION WARRANTY

YOU, THE USER, REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS). OF ANY INDIVIDUAL OR CORPORATION AND YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION NOT TO VIOLATE ANY COPYRIGHT OR TRADEMARK LAWS. FURTHER, YOU ACKNOWLEDGE THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS AGREEMENT BY YOU ARE WITHIN YOUR LEGAL CAPACITY AND POWER; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INKADDICT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT, DEFAMATION INCLUDING LIBEL AND SLANDER AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU

USER ACKNOWLEGEMENT

You hereby acknowledge and agree that InkAddict does not and in no way can control the actions of consumers and Users of its Site. If at anytime a dispute between Users of the Site arise as a result of using the Site, the Users hereby release InkAddict, its officers, directors, and employees from any claims, demands, causes of action, suits and damages arising from such dispute.

NO RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Inkaddict 's express written consent.

TERMINATION

You agree that Inkaddict, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Inkaddict may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Inkaddict may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Inkaddict shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

LINKS

The Site may provide, or third parties may provide, links to other websites or resources. Because Inkaddict has no control of such sites and resources, you acknowledge and agree that Inkaddict is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Inkaddict is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PUBLIC REPUTATION

You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to Inkaddict's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from Inkaddict, in a public setting, including on the Internet, in a way which disparages Inkaddict, Inkaddict's board members, employees, shareholders or partners, Inkaddict reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.

CORRECTION OF ERRORS

The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INKADDICT AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
INKADDICT DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT INKADDICT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. 
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. 
YOU ACKNOWLEDGE THAT INKADDICT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, INKADDICT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. 
YOU ACKNOWLEDGE THAT INKADDICT MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INKADDICT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL INKADDICT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, DEFAMATION, INCLUDING LIBEL AND SLADER, IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

SEVERABILITY

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

INKADDICT CUSTOM APPAREL

If you are using Inkaddict Custom Apparel, your use of this Site is also subject to the terms and conditions set forth in this Section. You agree to follow the restrictions below in order to purchase Inkaddict Custom Apparel or to create any public Inkaddict Custom Apparel for sale in the Inkaddict marketplace. You will not assert or suggest in any way that any Inkaddict Custom Apparel customized or created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Inkaddict Custom Apparel, you will not use any content or design element that Inkaddict, in its sole judgment and discretion, believes would be controversial or offensive, would subject Inkaddict to legal liability, or would cause damage to Inkaddict's public reputation or business. If Inkaddict finds that a clothing design in your order is inappropriate, Inkaddict will send you an email to notify you that your design has been rejected and that your order has been cancelled.

GENERAL AND VENUE

These terms and conditions and your relationship with Inkaddict shall be governed by and construed in accordance with the laws of the state of Michigan, without resort to its conflict of law provisions. You and Inkaddict agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Inkaddict may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.

Introduction

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

License

By uploading Designs to the Site or creating Designs with InkAddict's design tools, you grant the following licenses to InkAddict: the nonexclusive, worldwide, transferable, sub-licensable 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 commerce. You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that InkAddict will fulfill any orders placed prior to termination and InkAddict may continue to use your Design in marketing and promotional materials if such materials were printed prior to removal of the Design.

Tags and Descriptions

At the time you publish a Product, you will be asked to provide about your Design so that visitors and consumers to the Site can search and find relevant products. You will use your 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 InkAddict determines that information is misleading or inaccurate or that it violates the rights of a third party, InkAddict may delete such information or your Design, in its sole discretion.

Pricing

InkAddict determines the price at which Products are sold on the Site and affiliated sites. You can see InkAddict's standard retail prices (and its volume discounts) here. The actual retail price for Products incorporating your Designs may vary based upon Your Royalty Rate (see below).

Royalty

$5 per shirt for each shirt sold which incorporates the Design to the submitting party.

Ineligible Sales

InkAddict will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the InkAddict User Agreement or any of your representations below.

Marketing and Promotions

InkAddict may market, promote, and sell the Design and Products, which may use the Design, on the Site, on other websites, and/or through distributors and wholesale or retail channels. InkAddict may run promotions (including volume discounts and special sales discounts). InkAddict is responsible for the cost of promoting the offer and producing and fulfilling the orders.

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 InkAddict 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
  • InkAddict 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.