Custom Products Terms

Custom Product Program Terms and Conditions Last updated: May 2023

As used in these terms and conditions, "we" or "Unique Uptown Marketplace" means Unique Uptown Marketplace, LLC, and "you" means the individual or entity submitting images, designs, text or other content ("Content") to be incorporated into customized products on UniqueUptownMarketplace.com or purchasing such products. If you want to purchase customized products on UniqueUptownMarketplace.com, you must accept these terms and conditions without change. BY CLICKING THE 'CUSTOMIZE NOW' BUTTON OR PLACING YOUR ORDER FOR CUSTOMIZED PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE UNIQUEUPTOWNMARKETPLACE.COM PRIVACY POLICY AND TERMS OF USE, AS MODIFIED FROM TIME TO TIME.

  1. Content: You can submit your own Content or select from a gallery of designs and images to create customized products. You may only submit Content that complies with our Terms of Use (which prohibit pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable content) and applicable laws (including intellectual property laws). We expressly reserve the right to reject any non-compliant materials.

  2. License Grant for Your Content: You hereby grant to Unique Uptown Marketplace, its affiliates and sublicensees (including third parties who provide customized products and related services)(collectively, the "Customization Providers") a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right, in connection with the production of and your purchase of customized products, to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the Content you submit (including the names and likenesses of any individuals that appear in the Content).

  3. Representations, Warranties and Indemnities: You represent and warrant that you have the right to grant the licenses set forth in these terms and conditions; that the use of this Content by the Customization Providers will not violate, misappropriate or infringe any intellectual property right or otherwise cause injury to any person or entity; and that you will defend, indemnify and hold harmless the Customization Providers from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit or proceeding (a "Claim") to the extent such Claim is based on a breach of these terms and conditions.

  4. Unique Uptown Marketplace Intellectual Property: You may not use Unique Uptown Marketplace's intellectual property in any manner without our prior written consent. These terms and conditions and your purchase of customized products do not grant you any right in such intellectual property (including any photographs, illustrations, graphics, text, designs or images made available to you for customization).

  5. Returns: Customized products are not returnable but may be refunded or replaced as set forth in our Return Policies.

  6. Modifications: We may modify these terms and conditions at our sole discretion by posting the modified terms on the UniqueUptownMarketplace.com website. Your continued purchase of customized products on UniqueUptownMarketplace.com after the effective date of the modified terms constitutes your acceptance of the modified terms.