Custom Art Order Terms and Conditions
- Customer Representations: By uploading a photograph for a Custom Art order and checking the box indicating agreement to these terms and conditions, the customer represents and warrants that they are the rightful owner of the photograph or have obtained all necessary rights, licenses, permissions, and consents to use and modify the photograph for the purpose of creating the Custom Artwork. The customer further agrees that they have the authority to grant Backyards of the Sea, going forward known as Backyards of Key West Gallery, the right to use and reproduce the modified image on the finished physical canvas product.
- Grant of License: The customer grants Backyards of Key West Gallery a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, modify, reproduce, and distribute the Custom Artwork created from the uploaded photograph. This license permits Backyards of Key West Gallery to sell the finished physical canvas product featuring the Custom Artwork.
- Indemnification: The customer agrees to indemnify and hold Backyards of Key West Gallery harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to any infringement of third-party intellectual property rights, including but not limited to copyrights, trademarks, or rights of publicity, resulting from the use of the uploaded photograph.
- Copyright Ownership: The copyright and all other intellectual property rights to the Custom Artwork created by Backyards of Key West Gallery shall remain the property of Backyards of Key West Gallery. The customer acknowledges that they have no rights, title, or interest in the original or modified image beyond the personal and non-commercial use of the finished physical canvas product.
- Consequences of Unauthorized Upload: In the event that the customer uploads a photograph that they do not have the right to use,Backyards of Key West Gallery shall not be held liable for any copyright infringement or legal disputes arising from such unauthorized use. The customer agrees to assume full responsibility and legal liability for any consequences resulting from the unauthorized upload of someone else's photograph.
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law principles.