- This Pretty Pasta Co. Policy applies if you order and/or submit Custom Designs to Pretty Pasta Co. for creating and/or use in the Website’s Gallery area.
- While we accept most Custom Designs, Pretty Pasta Co. 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 Pretty Pasta Co. 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. Pretty Pasta Co. 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 Pretty Pasta Co. 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 Pretty Pasta Co. To the extent such transfer is not valid, you grant to Pretty Pasta Co., 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 Pretty Pasta Co. or any other party in the event a Custom Design similar to yours is used or designed.
- You agree to indemnify and hold harmless Pretty Pasta Co. 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 Pretty Pasta Co. may suffer or incur arising out of or in connection with any claim that (i) Pretty Pasta Co.’s 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 Pretty Pasta Co., with the law firm chosen to defend such claim being selected by Pretty Pasta Co. in Pretty Pasta Co.’s 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 Michigan.
- Pretty Pasta Co. 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 Pretty Pasta Co.’s 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.
Pretty Pasta Co.’s Copyright Agent
Pretty Pasta Co.
9154 Fenton Rd., Suite C
Grand Blanc, MI 48439 USA