Terms of Services

Terms of Services

Please choose one following services:

  • Licensed Print – Choose a licensed image from our website for printing
  • Upload to Print – Provide us with your own image for printing
  • Agency Print Services – We help you obtain the image license for printing

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING ANY ONE OF THE BE SHINE TEXTILE SERVICES. BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES PROVIDED HEREIN, YOU HEREBY ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS ASSOCIATED WITH EACH SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR SERVICES.

 

Licensed Print

By choosing the Licensed Print option, you have selected an image from Be Shine Textile’s (“Be Shine”) website which has been commercially licensed by Be Shine, and for which the necessary rights to print the image have been obtained. You do not need to separately obtain a license for Be Shine to print the image on your chosen product.

However, the Licensed Print service does not grant you any right to further reproduce the images in any format, unless specifically permitted by the original image creator. This includes publishing a photo which contains the licensed image online or on merchandise for resale purposes. If you choose to reproduce or publish the licensed image for any purpose, you do so at your own risk, and you agree to fully indemnify and hold Be Shine, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, (collectively, “Affiliates”) harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party as a result of your reproduction of the licensed image.

Upload to Print

By choosing the Upload to Print option, you agree to provide Be Shine with an image of your choice for printing.

In selecting this option, Be Shine does not verify or grant any license or copyright with respect to the image that you provide to Be Shine for printing. You agree that by providing an image to Be Shine for printing, you have obtained the necessary and appropriate copyright license to reproduce the image for your own use.

Be Shine shall not be liable for any infringement of third-party rights as a result of images or other content that you provide to Be Shine, and you agree to fully indemnify and hold Be Shine, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, (collectively, “Affiliates”) from any claim or demand, including reasonable legal fees and court costs, made by any third party due to the images and content that you provide to Be Shine.

When you upload an image to Be Shine, you are responsible for ensuring that the quality and size of the image is sufficient and appropriate for your use. Images may need to be modified by Be Shine for print quality and sizing purposes, and you hereby grant Be Shine the right to make these modifications. However, the extent to which images may be improved for print purposes may be limited, and Be Shine shall not be responsible for any misprints, colour errors, or other image quality issues associated with any images that you upload for print, and will not issue any refunds or reprints as a result of issues associated with the image that you provide to Be Shine.

Agency Print Services

By choosing the Agency Print Services, you agree to appoint Be Shine may to act as your agent for obtaining copyright and other licenses directly from artists or from third party websites, such as Shutterstock or other image licensing companies, for printing.

Under the Agency Print Services, you agree to allow Be Shine to act as your agent to 1) create an account on the third-party website, 2) choose an image to be licensed, and 3) purchase an image license on your behalf. Where you wish to retain the services of a third party artist, you also grant Be Shine the right to act as your agent in communicating with, commissioning an artwork, and paying the artist. Be Shine will invoice you and you agree to be fully responsible for any fees payable to the third party to obtain the appropriate license.

You agree that use of the Agency Print Services is entirely at your own risk, and Be Shine is only acting as your agent. Under no circumstances shall Be Shine be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if you or Be Shine has been advised of the possibility of such damages), resulting from any aspect of your use of the Agency Print Services, whether the damages arise from use or misuse of the Agency Print Services, from inability to use the Agency Print Services, or the interruption, suspension, modification, alteration, or termination of the Be Shine or the third party artist, site, platform or the services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the service or provided by any third party, whether referred by Be Shine or otherwise, as well as by reason of any information or advice received through or advertised in connection with the Agency Print Services. These limitations shall apply to the fullest extent permitted by law.

To the fullest extent permitted by law, Be Shine disclaims any warranties for goods or services received through or advertised by third parties for which Be Shine is providing the Agency Print Services, including without limitation, warranty of title to or delivery of any right, goods or service, any warranty with respect to intellectual property rights in any good or service, and any warranty that any good or service conforms to its description or the colors, texture and detail shown on the user’s computer monitor.

 

Posted Content on Be Shine Website

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the website are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the website. If you request the assistance of Be Shine to post content, or if you imply consent that Be Shine may post content on your behalf, either by written or oral means, or you fail to inform Be Shine that content should be removed, you are equally responsible for the content.

You waive any and all claims against Be Shine of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Be Shine. You understand that Be Shine does not control, and is not responsible for personal Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post Content to the website, you authorize and direct us to make such copies thereof as Be Shine deems necessary in order to facilitate the posting and storage of the Content on the website.

By posting Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Be Shine an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Be Shine be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the website. You acknowledge that Be Shine does not pre-screen or approve Content, but that Be Shine shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the website, for violating the letter or spirit of the terms of use or for any other reason.

You agree to indemnify and hold Be Shine, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, (collectively, “Affiliates”) harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the website, your use of the website, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

If a user or visitor believes their copyright or other intellectual property right has been infringed or violated by a posting on Be Shine’s website, the user or visitor can contact Be Shine and provide a notification which should include:

 

  1. Contact information to permit Be Shine to contact the complaining party, such as email or telephone number;
  2. Identification of the copyrighted work or other intellectual property claimed to have been infringed or violated;
  3. Identification and location of the contents or material that is claimed to be infringing; and
  4. A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or violated.

After an investigation of the notification, Be Shine may then take appropriate remedial action, which may include the removal of said infringing material from its website.

Please make all notifications of alleged infringements or violations promptly and allow Be Shine. at least 5 business days to review and, if appropriate, remove the infringing materials or items.

In no event shall Be Shine be responsible for any infringement of third party rights as a result of Content posted by users on its website.