Customer Uploaded Content, Intellectual Property & Indemnity

1. Your responsibility for uploaded content

When you upload, submit or otherwise provide any image, photograph, logo, artwork, design, text, slogan, graphic or other material ("Customer Content") to Hairy Baby for the purpose of creating or printing a product, you confirm that:

• you own the Customer Content, or
  
• you have obtained all necessary rights, permissions, licences and consents required to use, reproduce, modify and print the Customer Content for your order.
  

You are responsible for ensuring that your Customer Content does not infringe the rights of any other person or organisation.

This includes, without limitation, copyright, trade marks, registered designs, moral rights, performers' rights, privacy rights, publicity/personality rights and other intellectual property or proprietary rights. Irish intellectual-property law recognises a range of rights beyond copyright, including related and moral rights.

2. Permission to print your content

By submitting Customer Content, you grant Hairy Baby a limited, non-exclusive, royalty-free permission to use, reproduce, copy, process, resize, modify and print that Customer Content only to the extent reasonably necessary to create, fulfil, quality-check and deliver your order.

This permission does not transfer ownership of your copyright or other intellectual-property rights to Hairy Baby.

Where necessary to fulfil your order, you also authorise Hairy Baby and its printing, production, fulfilment and delivery partners to process and reproduce the Customer Content for those purposes.

3. Images of people

If your Customer Content contains an identifiable person, you confirm that you have the appropriate permission or other lawful basis to use the image for the purpose of your order, where such permission or basis is required.

You should not upload photographs or other material that you do not have the right to reproduce.

4. Third-party logos, brands and artwork

You must not submit a third party's logo, trade mark, artwork, photograph, character, design or other protected material unless you have the necessary permission or licence to use and reproduce it.

For example, simply finding an image or logo online, downloading it, purchasing a product bearing it, or being able to access it publicly does not necessarily give you the right to reproduce it on clothing. IPOI advises businesses to use material that is properly licensed.

5. Customer indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless Hairy Baby, its owners, employees, contractors and production partners against reasonable losses, damages, costs and expenses arising directly from a third-party claim that your Customer Content infringes that third party's intellectual-property or other rights, where the claim results from your breach of these terms or your lack of the necessary rights, permissions or consents.

This indemnity does not apply to the extent that a claim results from Hairy Baby's own breach of its legal obligations, negligence, wilful misconduct or unauthorised use of your Customer Content.

6. Right to refuse or cancel an order

Hairy Baby reserves the right to refuse, suspend or cancel an order where we reasonably believe that:

• the Customer Content may infringe another person's rights;
  
• you may not have the necessary permission to use the Customer Content;
  
• the Customer Content may expose Hairy Baby or its production partners to legal liability; or
  
• the Customer Content otherwise breaches these Terms or applicable law.
  

Where an order is refused or cancelled under this section, any refund will be dealt with in accordance with your other applicable terms and the customer's statutory rights.

7. No obligation to investigate ownership

Hairy Baby does not undertake to verify the ownership, licensing or legal status of Customer Content before printing it.

However, if Hairy Baby becomes aware of a credible allegation that Customer Content infringes a third party's rights, we may suspend production, request evidence of permission or licensing, or remove/reject the Customer Content.

Copyright owners can have civil remedies including damages, injunctions and orders relating to infringing goods, so having a mechanism for dealing with credible complaints is sensible for a custom-printing business.

8. Your cooperation

If Hairy Baby receives a complaint, legal notice or other credible allegation concerning Customer Content supplied by you, you agree to provide reasonable information or evidence demonstrating that you have the necessary rights or permissions to use the content.

9. Prohibited content

You must not submit Customer Content that is unlawful or that you do not have the right to reproduce, including content that infringes another person's intellectual-property, privacy, image or other legal rights.

Hairy Baby may refuse to print content that we reasonably consider unlawful, threatening, defamatory, fraudulent, discriminatory, obscene or otherwise inappropriate, or which may expose Hairy Baby or its production partners to legal or reputational risk.

10. Your statutory rights

Nothing in these terms is intended to exclude or restrict any legal right or remedy that cannot lawfully be excluded or restricted.

Nothing in this section affects your statutory rights as a consumer under applicable Irish or EU law.