Pure Dixie Custom Order Intellectual Property Agreement
PURE DIXIE
CUSTOM ORDER — INTELLECTUAL PROPERTY AGREEMENT
1. WARRANTY OF OWNERSHIP & AUTHORIZATION
By submitting artwork, images, logos, photographs, graphics, text, or any other creative work ("Submitted Content") to Pure Dixie for custom production, I represent and warrant that:
I am the original creator and sole copyright owner of the Submitted Content, OR
I hold a valid, current license or written permission from the copyright/trademark owner authorizing me to reproduce the Submitted Content on commercial merchandise, OR
The Submitted Content is in the public domain and free of all intellectual property restrictions.
I understand that claiming ownership when I do not hold rights — including downloading images from the internet, using team/school/brand logos without authorization, or reproducing another artist's work — constitutes copyright or trademark infringement and may expose me to significant civil and criminal liability.
2. PURE DIXIE'S ROLE & LIMITATION OF LIABILITY
Pure Dixie operates solely as a manufacturer and fulfillment service executing customer instructions in good faith. Pure Dixie does not and cannot verify the intellectual property status of customer-submitted artwork. Pure Dixie makes no representations regarding the legality of reproducing any Submitted Content and expressly disclaims all liability arising from intellectual property disputes related to customer-submitted designs. Pure Dixie's liability in any circumstance shall not exceed the amount paid by the customer for the specific order in question.
3. FULL INDEMNIFICATION
I agree to fully indemnify, defend, and hold harmless Pure Dixie, LLC, its owners, officers, employees, contractors, and agents (collectively "Pure Dixie") from and against any and all:
Claims, demands, lawsuits, or legal proceedings
Copyright or trademark infringement allegations
Cease and desist orders
Damages, penalties, and judgments
Attorney's fees and legal costs
Settlement amounts
...arising from or related in any way to the reproduction of my Submitted Content. This indemnification obligation shall survive the completion or cancellation of any order.
4. FINANCIAL RESPONSIBILITY
I accept sole financial responsibility for all costs associated with any intellectual property dispute, including but not limited to:
Legal defense costs and attorney's fees
Court filing fees and related expenses
Licensing fees owed to rights holders
Statutory damages, which under U.S. copyright law can reach $150,000 per work for willful infringement
Any amounts Pure Dixie is compelled to pay as a direct or indirect result of my submission
5. PURE DIXIE'S RIGHT OF REFUSAL
Pure Dixie reserves the right, at its sole and absolute discretion, to refuse, cancel, or halt production of any custom order that it believes — for any reason — may involve unlicensed intellectual property, without obligation to explain its reasoning. In cases where Pure Dixie initiates the cancellation, a full refund will be issued for any amounts paid. Pure Dixie is under no obligation to proceed with any order it deems potentially infringing.
6. REFUND POLICY FOR INFRINGEMENT-RELATED CANCELLATIONS
If a customer cancels or requests a halt to production after work has begun due to a rights or infringement issue — whether initiated by the customer, a rights holder, or a legal authority — no refund will be issued for labor, materials, or any portion of work already completed or in progress.
7. DMCA COMPLIANCE
Pure Dixie complies fully with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Rights holders who believe their intellectual property has been reproduced without authorization may submit a written takedown notice to Pure Dixie at: service@puredixie.com
A valid DMCA takedown notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; (e) a statement under penalty of perjury that you are authorized to act on behalf of the rights holder; and (f) your physical or electronic signature. Pure Dixie will respond promptly to all valid notices.
8. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to its conflict of law principles. Any disputes arising from or related to this Agreement or any custom order shall be resolved exclusively in the state or federal courts located in [YOUR COUNTY, YOUR STATE]. Customer waives any objection to jurisdiction or venue in such courts.
9. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
10. ENTIRE AGREEMENT
This Agreement, together with Pure Dixie's Terms of Service (available at puredixie.com/pages/terms-of-service), constitutes the entire understanding between the parties regarding intellectual property responsibility for custom orders and supersedes any prior representations, warranties, or understandings, whether written or oral.