Caponocca Design Submission Legal Terms & Conditions

By selecting “I Agree” box below and in consideration of Caponocca.com evaluating your Design (hereinafter the “Design”) for its possible use on clothing and other merchandise (the “Items”), you signify your agreement to these terms of use (”Design Submission Terms and Conditions”):

If your Design is selected for print by Caponocca.com, you acknowledge that you assign to Caponocca LLC the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Rules Of Conduct

The following Rules of Conduct apply to the all users of Caponocca.com. By using this site, you agree that you will not submit any design that:

1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them,
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. has been submitted to another t-shirt website for rating or sale;
5. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or
6. is simply in bad taste, as determined by the editorial staff at Caponocca.com

If your Design is selected, Caponocca.com may use your Design in any manner on or in connection with the Items, including but not limited to: reproducing the Design on the Items, selling Items bearing the Design, changing or reworking the Design by making color or size changes, making derivative works of the Design, using the Design on the Caponocca.com website and on promotional material for Caponocca.com, and registering the Design with the US Copyright Office in the name of Caponocca LLC as the Claimant, and you as the Author. You agree to provide Caponocca.com with minimal information as may be required in order to register the copyright in the Design if Caponocca.com so requests, at no cost.

You may use or continue to use the Design for any other purposes, except those described below.

If your Design is selected, you may not use the Design (or derivatives of the Design) or allow others to use the Design (or derivatives of the Design) on any Items, as described above. In addition, by submitting your Design, you may not reproduce, sell, or submit the Design to others for any commercial purpose for one hundred & twenty (120) days after the date of submission while the Design is being evaluated by Caponocca.com.

Once the one hundred & (120) days have passed, if your Design is not chosen for print by Caponocca.com, you are free to use the Design for any commercial or non-commercial purpose. However if your Design is used elsewhere, you must notify Caponocca.com by email designs@caponocca.com about where and when the Design will be used, so that it can be removed from the Caponocca.com website at that time.

In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the Caponocca.com blogs to promote the Design or the company using the Design. You further agree not to use the Caponocca.com blogs to promote the products and services of any company that operates in competition with Caponocca.com. Caponocca.com reserves the right to choose your design after the (120) days have passed, on the condition that the design has not been used for commercial purposes on any Items, as described above.

You acknowledge that the Design you are assigning to Caponocca.com is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which Caponocca.com in its sole discretion, deems to be profane or offensive.

You acknowledge that Caponocca.com reserves the right to decline to select a Design for consideration for any reason, including poor design, as further explained in the “Submission Errors” page of the Caponocca.com website, which are subject to change at any time.

If your Design is selected for use by the Caponocca.com community, you will receive: a cash prize of $500 for winning the monthly competition.  All artists who have their designs selected for print are eligible to receive 10% of sales for each shirt sold.  Caponocca.com reserves the right to change these payment terms at any time, by posting them on the Caponocca.com website, and changes will be effective upon posting.

Payment will be based on the terms in effect when your Design is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from Caponocca.com. Payment will be sent within ninety (90) days after Caponocca.com begins selling items with your design. If the artwork is not deemed suitable for print as determined by Caponocca.com, Caponocca.com will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.

Participants, who in the opinion of Caponocca.com, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Caponocca.com”s sole discretion, can at any time be excluded from consideration without notice.

All decisions of Caponocca.com are final and binding.