Image Rights & License Agreement
By uploading an image to Winston & Bear, you agree to the following terms:
1. Ownership & Rights Confirmation
- You confirm that you are the owner of the pet(s) in the uploaded image(s) OR have explicit permission from the owner to use the image
- You warrant that you have all necessary rights, licenses, and permissions to upload and use this image
- You confirm that the image does not infringe on any third-party copyrights, trademarks, privacy rights, or other intellectual property rights
- You acknowledge that uploading images of pets belonging to others without permission may result in legal consequences
2. License Grant to Winston & Bear
By uploading your image, you grant Winston & Bear a:
- Non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and create derivative works from your uploaded image
- Right to use your image for creating custom pet designs, products, and artwork
- Permission to use your image and resulting designs in our marketing materials, social media, website galleries, advertisements, and promotional activities
- Right to sublicense the image to our printing partners and service providers for order fulfillment
3. Commercial Use Authorization
- You grant permission for Winston & Bear to use your image for commercial purposes including but not limited to:
- Creating and selling custom pet products featuring your design
- Marketing and promotional materials
- Website and social media content
- Sample galleries and portfolio displays
- Print-on-demand product fulfillment
4. Your Retained Rights
- You retain ownership of the original uploaded image
- You may continue to use your original image for personal purposes
- You may request removal of your image from our promotional materials (though products already sold cannot be recalled)
5. Content Standards
Your uploaded image must not:
- Contain inappropriate, offensive, or illegal content
- Include people's faces (pets only)
- Violate any laws or regulations
- Infringe on third-party rights
- Contain copyrighted logos, watermarks, or branded content
6. Indemnification
You agree to indemnify and hold harmless Winston & Bear from any claims, damages, losses, or expenses arising from:
- Your uploaded image violating third-party rights
- False representations about your ownership of the image
- Any legal claims related to the pet(s) or image content
7. Privacy & Data Use
- We respect your privacy and will not share your personal information with third parties except as necessary for order fulfillment
- Uploaded images may be stored on our secure servers and cloud storage services
- We may analyze your image using AI technology to create custom designs
- We do not share your original images with other customers
8. Modification & Derivative Works
- Winston & Bear may modify, enhance, stylize, or create artistic interpretations of your uploaded image
- AI technology may be used to transform your image into various artistic styles
- Background removal, color adjustments, and artistic filters may be applied
- The resulting designs become part of our product catalog
9. Quality & Suitability
- We reserve the right to decline creating products from images that don't meet our quality standards
- Not all uploaded images may be suitable for all product types
- We may provide feedback on image quality and suggestions for better results
10. Term & Termination
- This license remains in effect for as long as we offer products featuring your design
- You may request to stop using your image for new promotional materials by contacting us
- Existing products and sales cannot be retroactively cancelled
- We may terminate this agreement if you violate these terms
11. Limitation of Liability
- Winston & Bear is not liable for any indirect, incidental, or consequential damages
- Our liability is limited to the value of products purchased using your design
- We provide no warranties regarding the success or popularity of products created from your image
12. Agreement Acceptance
By clicking "I Agree" and uploading your image, you confirm that:
- ✅ You have read and understood these terms
- ✅ You agree to be bound by these conditions
- ✅ You have the legal right to grant these permissions
- ✅ You are at least 18 years old or have parental consent
- ✅ The uploaded image meets all content standards
Contact Information
If you have questions about these terms or need to request removal of your image from promotional use, please contact us at:
Email: support@winstonbear.com
Subject Line: "Image Rights Inquiry"