Customer Image Rights, Non-Infringement & Indemnification Policy
Effective Date: September 10, 2026
This Customer Image Rights, Non-Infringement & Indemnification Policy applies to all photographs, images, artwork, graphics, designs, text, logos, trademarks, names, likenesses, and other materials submitted, uploaded, transmitted, or otherwise provided to ThouArt, LLC dba ThouArt...Pets (“ThouArt...Pets,” “ThouArt,” “we,” “us,” or “our”) by or on behalf of a customer (“Customer Content”).
By uploading, submitting, transmitting, emailing, delivering, or otherwise providing Customer Content to ThouArt...Pets, the customer expressly agrees to the following terms.
1. Customer Ownership and Authorization
The customer represents, warrants, guarantees, and certifies that the customer:
- owns the Customer Content; or
- has obtained all licenses, permissions, releases, consents, and other rights necessary to provide the Customer Content to ThouArt...Pets and authorize its use for the purposes requested.
The customer further represents and warrants that the customer has the full legal authority to authorize ThouArt...Pets and its employees, contractors, artists, designers, printers, service providers, and vendors to reproduce, copy, modify, crop, edit, enhance, transform, digitize, print, display, transmit, store, process, and otherwise use the Customer Content as reasonably necessary to create and fulfill the customer's order.
2. Non-Infringement Guarantee
The customer represents, warrants, and guarantees that the Customer Content, the customer's submission of that content, and ThouArt...Pets' use of that content as authorized by the customer will not:
- infringe any copyright;
- infringe or misappropriate any trademark, trade dress, service mark, or other intellectual-property right;
- violate any right of publicity;
- violate any right of privacy;
- violate any contractual restriction;
- violate any confidentiality obligation;
- constitute misappropriation of another person's image, artwork, or likeness; or
- otherwise violate the rights of any person or entity.
The customer is solely responsible for determining whether the customer possesses the necessary rights and permissions before submitting Customer Content.
ThouArt...Pets is entitled to rely upon the customer's representations and warranties without independently investigating ownership or licensing rights.
3. Photographs Taken by Third Parties
Possession of a photograph does not necessarily mean that the customer owns the copyright in that photograph.
If a photograph was taken by a professional photographer, studio, breeder, rescue organization, shelter, pet sitter, social-media user, business, friend, family member, or other third party, the customer represents and warrants that the customer has obtained any authorization legally required to permit ThouArt...Pets to reproduce and transform the photograph.
The customer agrees that ThouArt...Pets has no obligation to determine who originally created or owns a submitted photograph.
4. Images Obtained From the Internet or Social Media
The customer shall not submit photographs, images, artwork, graphics, or other materials obtained from a website, social-media account, search engine, publication, commercial database, or other source unless the customer owns the applicable rights or has received sufficient authorization for the intended use.
The fact that an image is publicly visible, downloadable, shared on social media, or otherwise accessible to the customer does not itself establish the customer's right to reproduce or authorize use of that image.
5. People Appearing in Submitted Images
If Customer Content depicts an identifiable person, the customer represents and warrants that the customer has obtained any consent, permission, release, or authorization legally required for the requested use of that person's image or likeness.
For images involving minors, the customer represents and warrants that the customer is the minor's parent or legal guardian or has obtained legally sufficient permission from the minor's parent or legal guardian.
6. License to Fulfill Customer Orders
The customer grants ThouArt...Pets a nonexclusive, worldwide, royalty-free license to use Customer Content to the extent reasonably necessary to:
- create the commissioned artwork;
- generate proofs or previews;
- process and fulfill the order;
- communicate with the customer;
- print, frame, package, and ship the product;
- engage artists, printers, contractors, and service providers involved in fulfillment;
- maintain reasonable business and transaction records; and
- investigate or defend claims relating to the order.
This license includes the right to make technical or artistic modifications reasonably necessary to create the requested product.
7. ThouArt...Pets Is Not Responsible for Verifying Rights
ThouArt...Pets does not undertake to independently investigate the ownership, copyright status, licensing status, provenance, or legal status of Customer Content.
Acceptance of Customer Content does not constitute a determination by ThouArt...Pets that the customer owns the content or possesses sufficient rights.
The customer acknowledges that ThouArt...Pets relies upon the customer's representations, warranties, and guarantees in accepting and processing the order.
8. Right to Reject or Cancel
ThouArt...Pets may, in its sole discretion, reject, suspend, cancel, or refuse to reproduce Customer Content if we reasonably believe that the content:
- may infringe intellectual-property rights;
- may violate privacy or publicity rights;
- may have been submitted without appropriate authorization;
- may violate applicable law;
- presents an unreasonable legal risk; or
- otherwise violates our policies.
Our decision to accept Customer Content does not waive the customer's obligations under this Policy.
9. Customer Duty to Defend, Indemnify, and Hold Harmless
To the fullest extent permitted by applicable law, the customer agrees to defend, indemnify, reimburse, and hold harmless ThouArt, LLC, ThouArt...Pets, and each of their respective past, present, and future owners, members, managers, officers, directors, employees, representatives, agents, affiliates, contractors, artists, designers, printers, vendors, service providers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, lawsuits, proceedings, investigations, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses arising out of or relating to:
- Customer Content;
- the customer's submission or provision of Customer Content;
- an allegation that Customer Content infringes or misappropriates intellectual-property rights;
- an allegation involving copyright, trademark, trade dress, privacy, publicity, likeness, confidentiality, or similar rights;
- the customer's failure to obtain required permission or authorization;
- any breach or alleged breach of the customer's representations, warranties, guarantees, or obligations under this Policy; or
- ThouArt...Pets' authorized use of Customer Content in accordance with the customer's instructions.
10. Attorneys' Fees and Defense Costs
The customer's indemnification obligations include, to the fullest extent permitted by law, payment or reimbursement of reasonable:
- attorneys' fees;
- court costs;
- expert-witness fees;
- investigation expenses;
- discovery expenses;
- administrative costs;
- settlement amounts;
- judgments; and
- other expenses incurred in investigating, responding to, defending, resolving, or satisfying a covered claim.
These obligations apply whether a claim ultimately proves successful or unsuccessful, provided the claim arises from circumstances covered by the customer's indemnification obligations.
11. Duty to Defend
Where permitted by applicable law, the customer's obligation to defend the Indemnified Parties arises upon the assertion of a claim or demand that, if proven, would fall within the scope of the customer's indemnification obligations.
ThouArt...Pets may select counsel reasonably acceptable to it.
ThouArt...Pets may participate in the defense with counsel of its choosing.
The customer may not enter into any settlement that:
- admits wrongdoing by an Indemnified Party;
- imposes liability or obligations upon an Indemnified Party;
- restricts the activities of an Indemnified Party; or
- fails to provide a complete release of the Indemnified Parties,
without ThouArt...Pets' prior written consent.
12. Claims Received After Completion of an Order
The customer's obligations under this Policy do not end when an order is completed, delivered, canceled, or refunded.
All representations, warranties, guarantees, indemnification obligations, defense obligations, and hold-harmless provisions concerning Customer Content survive completion or termination of the transaction.
13. Customer Responsibility for Requested Modifications
The customer is responsible not only for the original Customer Content but also for instructions requesting that ThouArt...Pets add, remove, reproduce, imitate, incorporate, combine, or modify material.
If a customer asks us to incorporate another person's photograph, logo, artwork, design, trademark, character, or other protected material, the customer represents and warrants that the customer has all rights required to authorize that requested use.
14. No Transfer of Third-Party Rights
Creation of artwork by ThouArt...Pets does not transfer to the customer any intellectual-property rights belonging to a third party.
A customer's purchase of a finished portrait does not cure or eliminate any lack of authorization concerning the underlying photograph or other source material.
15. Notice of Third-Party Claims
If the customer becomes aware of any allegation, demand, complaint, copyright notice, cease-and-desist letter, lawsuit, or other claim relating to Customer Content, the customer must promptly notify ThouArt...Pets and reasonably cooperate in addressing the matter.
ThouArt...Pets may preserve relevant Customer Content, communications, transaction records, and other information as reasonably necessary to respond to or defend against the claim.
16. Removal or Suspension of Content
If ThouArt...Pets receives a credible allegation that Customer Content infringes another person's rights, we may suspend production, remove the content from our systems or website, withhold publication, discontinue use, or take other reasonable protective action while the matter is investigated.
Such action does not constitute an admission that infringement occurred.
17. Limitation of ThouArt...Pets' Responsibility
To the fullest extent permitted by applicable law, ThouArt...Pets shall not be liable to the customer for losses resulting from the customer's lack of ownership, authorization, consent, license, or permission relating to Customer Content.
The customer accepts responsibility for all consequences arising from inaccurate representations concerning the customer's right to use submitted material.
18. Material Condition of Our Agreement
The customer acknowledges that ThouArt...Pets would not accept or reproduce Customer Content without the representations, warranties, guarantees, releases, and indemnification obligations contained in this Policy.
These provisions are a material condition of our agreement to accept and process Customer Content.
19. Severability
If any provision of this Policy is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect.
20. No Waiver of Non-Waivable Rights
Nothing in this Policy is intended to waive or restrict any right that applicable law prohibits the customer from waiving.
21. Contact
Questions concerning rights to submitted images should be directed to:
ThouArt, LLC dba ThouArt...Pets
Email: thouart1@thouart.com
Website: www.thouartpets.com