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Intellectual Property Rights Policy

 

Ecomugs offers an automatic service for producing and selling customized merchandising articles. Shop owners can set up an online shop for free and set up, design and offer their own specially-designed merchandise. In the Terms of Service, Ecomugs prohibits shop owners from setting up or putting into circulation any merchandising articles that infringe the original author, brand or copyrights of a third party. Since a majority of the process is done automatically, the Ecomugs service cannot insure that these rights are never infringed by a shop owner. Therefore, Ecomugs asks all rightful owners that suspect intellectual property rights to get into immediate contact with Ecomugs.. Following the Terms of Service, Ecomugs holds the right to immediately delete all content (graphics, logos, text, etc.) The shop owner would then have to produce a confirmation of rights to the copyright or rights to use the copyright for every design uploaded. This would require proofing every design before accepted by Ecomugs and potentially by a third party. If you suspect intellectual property or copyright abuse, please contact our legal department. legal@ecomugs.com

Limitation of Liability

 

(1) Ecomugs only bears responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. Ecomugs liability is limited to the payment of the foreseeable, typically occurring damage. (2) As far as liability of Ecomugs is excluded or limited in these general terms and conditions then the same applies for personal liability related to the order for damages on the part of employees, representatives and agents of Ecomugs.

Copyrights to Print Designs, Release from Liability

 

(1) If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures Ecomugs that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights. (2) The customer releases Ecomugs from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall promptly reimburse Ecomugs for all defense costs and other damages resulting from any such action.

Technical and Design Deviations

 

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronic documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

Data Protection

 

Ecomugs uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Ecomugs for fulfillment and handling of the contract. This data is treated confidentially by Ecomugs and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Ecomugs has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

Place of Jurisdiction – Place of Fulfillment

 
(1) Place of fulfillment for all services is the place of business of Ecomugs in Ben Lomond Ca.. (2) Ben Lomond Ca. is the place of general jurisdiction. In such case, Ecomugs is also entitled to sue the customer according to the opinion of Ecomugsat their resident court. (3) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains in affect.

 

 

 

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