Custom Artwork Terms

Effective Date: 7/1/2025

By uploading any image, graphic, text, logo, photograph, illustration, or other content (collectively, “Artwork”) to Constantly Varied Gear (“CVG,” “we,” “us,” or “our”) and clicking “Add to Cart,” you (“Customer,” “you,” or “your”) enter into this Custom Artwork Agreement (“Agreement”) and agree to the following terms:

1. Ownership & License

1.1 Your Warranty. You represent and warrant that (a) you are the sole and exclusive owner of the Artwork, or you hold a valid, written license or authorization to use, reproduce, and distribute the Artwork on the merchandise ordered; and (b) the Artwork does not infringe any copyright, trademark, right of publicity or privacy, or other proprietary right of any third party.

1.2 Non-Exclusive Production License. You grant CVG a worldwide, non-exclusive, royalty-free license to reproduce, modify as technically necessary, and print the Artwork solely for the purpose of fulfilling your order(s). This license terminates once the order is fulfilled, except that CVG may retain archival copies for quality control, legal compliance, and record-keeping.

2. Content Standards

You agree not to submit Artwork that is:

• Unlawful, defamatory, obscene, harassing, hateful, or threatening;
  

• Child-exploitive or sexually explicit;
  

• Violative of export controls or sanctions;
  

• Designed to incite violence or discrimination; or
  

• Otherwise prohibited by applicable law.
  

CVG reserves the right, in our sole discretion, to refuse any Artwork, cancel any order, and/or refund any payment that violates these standards.

3. Indemnification

You shall defend, indemnify, and hold harmless CVG, its parents, subsidiaries, officers, employees, and contractors from and against any and all claims, demands, suits, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) any allegation that the Artwork infringes or misappropriates a third-party right; (b) your breach of this Agreement; or (c) the content of the Artwork.

4. Limitation of Liability

IN NO EVENT WILL CVG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PRODUCTION OF MERCHANDISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CVG’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE RELEVANT ORDER.

5. Order Accuracy & Proofs

Unless you purchase a formal digital proof, CVG prints the Artwork exactly as uploaded. You are solely responsible for verifying spelling, colors, resolution, and placement before checkout. Color variations can occur between on-screen displays and printed fabric; such variations are not defects.

6. Cancellations & Changes

Because custom items go into production quickly, changes or cancellations are only possible if requested within one (1) hour of order placement and confirmed in writing by CVG. After that window, all sales are final.

7. Governing Law & Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles. Any dispute arising from this Agreement shall be resolved exclusively in the state or federal courts located in [insert county], Massachusetts, and the parties consent to personal jurisdiction and venue therein.

8. Miscellaneous

• Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding custom Artwork and supersedes any prior or contemporaneous agreements.
  

• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
  

• Waiver. Failure to enforce any provision is not a waiver of future enforcement.
  

• Amendments. CVG may update these terms at any time; updated terms apply to future orders only.