Welcome to our web site! There are rules of the (cyber) road that our visitors must follow when using our site, so we ask all our visitors to read these General Terms and Conditions (“Agreement”) carefully.
Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since use of this site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement.
We do not intend to make changes to our terms and conditions very often but reserve the right to do so.However, it is always a good idea to double check when you visit our site to ensure that you have read and agree with our most current terms and conditions.Your continued use of this site after that time will constitute your acceptance of any new or amended terms or any part thereof.
Copyrights
All copyrights and other intellectual property rights in the artwork, graphics, designs, creations, inventions, text, video and audio clips, trademarks, logos and other content available on this web site (“Content”) are owned by RSD or used with permission and/or license by RSD. All rights are reserved by RSD and/or the rights owner granting permission and/or license to RSD accordingly.
Although you can copy any part of this web site to your own computer for your personal use, you may not copy or incorporate any of the Content available on the web site into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our web site unless you have a written license and permission from us to do so. That also means that RSD retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form or publically or commercially sell or otherwise exploit same or copies thereof without RSD written license and permission.
You may not change any of the notices regarding copyright, trademarks patents, or other marks that may accompany the Content. Don’t use our Content in your own site. You may not link or deep link (i.e., link to any page other than the home page) to our site without our specific written permission.
3-D Art
3-D Photographs
Unless otherwise specified, all trademarks used on this site are the property of RSD or our business partners.
All Rights Reserved.
3DDD Designs is a US registered trademark of RSD
NOAH 2X2 is the mark associated with US registered trademarks of RSD
NEVER FORGET 09.11.01 is a trademark of RSD
We will respect your rights regarding the protection of personal data, especially in relation to any application you may make for employment with RSD if employment applications are accepted at this site. By submitting information in connection with a job application, you are giving us an unrestricted royalty-free right to use and share such information to the extent necessary to consider and respond to your request.
In addition to job applications, we are glad to receive from you any stories, comments, suggestions, ideas, graphics, pictures or anything else, but do please remember that, by uploading or sending us such material through this site, you assign all your interest in it to RSD and, depending on which law applies, RSD will either own the material you send to us on this site or you will be deemed to have granted RSD an exclusive and perpetual license to use it.
That means that all stories, comments, suggestions, ideas, graphics, pictures or other information uploaded or sent to RSD through this site, not in connection with a job application, are automatically deemed to be either the property of RSD or can be used by it. This information is not confidential and we can use it as we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting it here or somewhere else, in this or any other medium now known or later invented. Under no circumstances are you entitled to any payment if we do use your submission for any purpose. You are also bound by any additional rules posted at community or other areas where user-generated content is permitted.
You may not engage in any activities through the web site which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying this web site. You may not monitor or copy Content on the web site, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the web site. You agree to indemnify, defend and hold harmless RSD and its subsidiaries, affiliates, officers and employees from any damages, liabilities and expenses (including reasonable attorneys’ fees) arising from any third party claims resulting from, or arising out of, your use of the web site or posting of content, if permitted. We reserve the right to terminate your access to the web site at any time, without notice, for any reason whatsoever.
Although this web site may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third party products, services and web sites.
Please ensure that you read our Privacy Policy and any consents at registration or application areas, to learn about what personal information we collect at this site, how we handle it and for what purposes we use it. At some sites or for some purposes (for example, when you apply for employment with RSD) you must consent for us to allow you to submit personal or other information to us.
NEITHER RSD NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:
DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY.
DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.
We use reasonable efforts to ensure that accurate information is provided on this site, but do not guarantee such accuracy, and make no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION ON THIS WEB SITE. THERE IS NO WARRANTY THAT THIS WEB SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any material posted by any user or for any information whatsoever contained in any linked sites. YOU AGREE THAT RSD AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. RSD enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, RSD holds the benefit of and may enforce this Agreement on behalf of those affiliates. RSD reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
Ralph Sutton Designs LLC (“RSD”) provides an internet-based service to users, which they can use to submit their own designs, logo’s, images, photographs, images, names, permitted likenesses, original content, and/or other original materials (“Images”), for RSD to work with and use to create and design products utilizing these Images for the purpose of the users purchasing from RSD merchandise incorporating or using the Images, and/or for the user to permit RSD to sell merchandise that incorporates, includes, or uses the Images. We (RSD) contractually prohibit our users from using the service to submit to RSD, sell, or have RSD sell merchandise that infringes third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). RSD encourages intellectual property rights owners to contact us if they believe that a user of our service has infringed their rights or submitted to us infringing Images. If you let us know that your rights are being infringed by one of our users or their submissions we will (in our discretion) require that the user's content is removed from any and all products and, if the user continues to infringe your rights (or infringes the rights of others) terminate the user's access to our services.
If you believe that your intellectual property rights have been infringed by a user of our service or website or any submission to RSD from any user, please provide us with a notification that contains the following information:
RSD from time to time might alter, add to, or delete material and/or content from Images received by a user. By submitting Images to RSD through the RSD website a user has given RSD implied authorization to use the submitted Images including but not limited to altering them, adding and/or deleting from them.
Below are some general types of content that are prohibited to be submitted to or appear on RSD’s website. RSD will determine, in its sole and absolute discretion, whether your content is in compliance with this Content Usage Policy (CUP). Any content that is determined to be Questionable Material & Prohibited Content may be subject to removal by RSD from the RSD website and/or any RSD procedure, materials, products, departments, merchandise, etc.
The list outlined above should NOT be construed as an exhaustive list of offensive material but rather as a general guideline for you to follow.
PLEASE NOTE: RSD has users from varied backgrounds, beliefs, and cultures, who differ in their views about what is considered offensive and acceptable. We recognize that with such global diversity there will be differences about what is considered offensive and that someone somewhere in the world may be offended by the opinions, perspectives and creative expressions of some of our users. We ask that all users respect each others' right to express themselves in a manner consistent with this Content Usage Policy.
Prohibited Software
You may not use any software to advertise, market or promote your RSD products without written permission from RSD and if the software does any of the following:
Any commercial email you send to market and promote your RSD designed products, or related to your use of any RSD website and/or Service must comply with the CAN-SPAM Act of 2003 as amended and any other applicable laws governing email communications, including without limitation, the following:
You may not use deceptive subject lines. The subject line cannot mislead the recipient about the contents or subject matter of the message.
You must provide a return email address or another Internet-based response mechanism that allows a recipient to ask you not to send future email messages to that email address, and you must honor the request.
Your message must contain a clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your valid physical postal address.
You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell products.
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam/
You may not use in your domain name or URL, nor may you purchase or register in any search, referral, or advertising service (such as Google's AdWords program) any of the following terms:
Any domestic or international RSD company trademarks, and all translations thereof or Variations of any RSD company trademarks.
You may not link any search, referral or advertising directly to any of the RSD domains including without limitation, shop pages, marketplaces pages, product pages and homepages.
You may not use false or misleading content to market and promote your products. Some examples of false and misleading information are:
Making claims that the proceeds from products sales will go to a charity without first obtaining permission from such charity to use their name in connection with product sales.
Use of a third party trademark to market your content (e.g. using "Gucci" in your product descriptions, product titles, tags or other SEO text on your RSD Product and/or Image submitted to RSD.
You may not spam or attempt to deliberately subvert the results of the RSD directory or search engine with false, misleading, or unnecessarily repetitive information (e.g., tag spamming or artificially increasing your RSD search results rankings).
This Intellectual Property information is provided to help you better understand Intellectual Property laws as they relate to your use of content through RSD. The information contained on this page is for informative purposes only and should not be construed as legal advice or relied on for any reason or purpose. For specific advice regarding your use of content and Images submitted to RSD, please consult an attorney.
What is a Copyright?
Copyright protects original works of authorship, such as a picture, drawing, graphics, software program, written work, sculpture, song, or photograph. A copyright is created as soon as a work is fixed in a tangible medium (e.g., on paper, on video, on canvas, etc.). A copyright is a bundle of rights, including the exclusive right to distribute, sell, duplicate, publicly perform, and create derivative works from the original work. Copyright law prevents you from copying, distributing, selling, or publicly performing another's original work without permission. Copyright law also prevents you from creating derivative works based upon or derived from another's original work without permission. Copyright protects original expressions of ideas not the ideas themselves.
What material is in the public domain?
A work of authorship is in the "public domain" if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner. You should NOT presume that material is in the public domain without verifying it with an attorney or other reputable source. You should also NOT presume that material publicly available on private or commercial websites is not protected by copyright.
What is a Trademark?
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another's trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone's name/brand.
What is a Service Mark?
Any word, name, symbol, or device or any combination thereof adopted and used by a merchant to identify and distinguish their services from those provided by others and to indicate the source of the services.
What can be trademarked?
Word(s), word(s) plus design, trade dress, packaging, sounds, slogans, smells, service marks, geographic marks, collective marks, certification marks, and family marks.
What is Trade Dress?
Trade dress can function as a trademark and is used to identify the goods of a party in the marketplace. For instance, trade dress can be the shape of a Coca Cola bottle or the shape of a classic Volkswagen Beetle car.
What are Trademark Rights?
An owner of a trademark/service mark has the right to use that trademark/service mark and to prevent others from benefiting from the trademark/service mark's good reputation and recognition in the marketplace.
What is the difference between a Trademark and a Registered Trademark?
The ® symbol represents that a trademark is registered with the U.S. Patent and Trademark Office. The ® symbol may only be used in association with a trademark that is registered with the U.S. Patent and Trademark Office. If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.
What is Right of Publicity?
The "right of publicity" makes it unlawful to use another's identity for commercial advantage without permission. A person's "identity" includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.
Right of Privacy
What is the Right of Privacy?
Generally, individuals have a "right of privacy." An invasion of this right can occur in four ways:
What is defamation?
Defamation occurs when:
A false and damaging statement of fact; concerning an individual or entity; is communicated to a person or persons other than the individual or entity whom the false or damaging fact is about (i.e., published); and the person publishing such information knew or should have known it to be false.
In this circumstance, "published" means that such statement was written or verbally communicated to another. Written defamation is also known as "libel." Verbal defamation is also known as "slander."
In accordance with intellectual property laws, RSD has certain rules regarding the types of Images you can submit to RSD or merchandise that you or RSD on your behalf can make and sell. For example:
NO UNOFFICIAL MERCHANDISE, such as professional sports teams, videogame or Olympics merchandise.
NO use of names, logos, pictures or other intellectual property of musical groups or musical artists. For example, you cannot make Britney Spears merchandise simply because you run a fan-based Britney Spears website or just because you downloaded her image from an internet website. You also cannot modify the name or other intellectual property of a musical group and avoid infringement, (e.g., using Metalika instead of Metallica).
NO use of names, logos, pictures, or other intellectual property of sports teams, colleges/universities, clubs, or organizations such as the Los Angeles Lakers, Harvard University, or The Boy Scouts. Modifications may not avoid infringement.
NO photos, logos, caricatures, or other artwork depicting celebrities, such as Michael Jackson or Madonna, or other third parties. Just because you take a photograph of a celebrity does not give you the right to use that photograph on merchandise, even if you digitally manipulate the photograph. Political figures are permissible because there is an exception to the general rule for political figures.
NO use of trademarks, names, or logos of companies. For example, you cannot use the name of a company such as Nike or company logo such as the Nike "swoosh" trademark.
NO pictures or photographs of products (such as toys). Even if you own a product, trademark laws may still prohibit you from selling merchandise that features pictures of it. For example, you cannot take a picture of your Barbie and sell Barbie merchandise with that picture.
If it does not have a copyright notice, is it ok to use?
Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you should assume that you need to obtain permission to use any material that you did not create.
Is it ok to use an image I found on the Internet?
Simply because an image is found on the Internet does not mean that it is in the public domain or available for commercial use on merchandise. You should assume that you cannot use the work unless the author of the work has explicitly granted you a license to use the work or it is in the public domain. Further, a person who posts an image on the Internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner.
If I took a photograph of a celebrity or a company logo can I use it to make merchandise?
Probably not, simply taking a photo of a person, company, brand, or logo does not afford you the right to sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the photograph, such as the product or person shown in it. For example, if you take a photograph of a Madonna, you only own the rights to the photograph, but not the right to use the photo to create and sell Madonna merchandise. In order to sell merchandise with the photograph, you will need to obtain explicit permission from the celebrity.
Do I have to obtain a copyright registration for my creative work?
No, but there are advantages to registering your copyrights. Current copyright law does not require you to register a creative work in order to hold a valid copyright for that work. However, a registration maybe required before you can file a lawsuit for copyright infringement. In addition, if you register your work within 5 years after the initial release of the work, you will have stronger evidence of the validity of the copyright. Essentially, that means that it will be easier to prove that you own the copyright in the work.
I based my artwork on the artwork of a third party, is that ok?
It depends. Artwork derived from the previous work of another may violate the rights of the owner of the previous work. If you are creating a design that is based on the work of someone else, you may need to obtain permission from the original creator prior to creating your own work. You should consult with an attorney before using works based on the work of another and submitting them as Images to RSD.
I am using Clip Art, is it ok?
Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific permissible uses for the clip art. In most instances the license does not grant you the right to use the clip art for the sale of merchandise. You should consult the license agreement and your attorney to determine whether you can use the clip art images can be submitted to RSD without the creator and/or owner’s approval and/or grant of use.
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