Terms and conditions of use
Rule 1: We will work with you, so work with us!
Eagle Eye is committed to customer satisfaction. We do everything possible to ensure accurate color reproduction, and excellent printing quality. However, certain circumstances are beyond our control and are not covered by this guarantee.
Please note that we cannot be responsible for:
- Spelling, punctuation, or grammatical errors made by the customer.
- Inferior quality or low-resolution of uploaded images.
- Design errors or color selection errors introduced by the customer in the artwork file creation process.
- Errors in user-selected options such as product type, size, finishing options, or quantity.
- All artwork or designs and images must be provided in CMYK format. Eagle Eye is not responsible for any color shift that occurs in conversions from RGB to CMYK.
- Incorrect file dimensions, image orientation, or file submission in accordance with Eagle Eye specifications.
- Damage to the products arising after delivery to the customer.
- Duplicate orders by the customer.
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by the customer.
- Once your order is shipped, we are no longer responsible for it, but we will work with you if your order is lost or damaged while getting to you or your customer.
- Any customer-provided media that is damaged during printing or installation. Be aware that print errors and installation problems can result in media being unusable. Replacement is YOUR responsibility.
If at any time your customer is not happy with what they've received, we will work with you.
Rule 2: Trademark Use
Private Non-Commercial Person Single Use is Legal
One of the facts necessary to establish trademark infringement under the Trademark Act is use "in commerce" or "intent to use in commerce". That does not require selling, distribution is enough, or even possession of an inventory for sale but not yet sold. Apart from that you can do almost anything with your own single item for your own personal use, except sell it.
Here are some guidelines.
- If it is close enough to divert customers from buying officially licensed merchandise, it is likely too close.
- If it uses the logo it is too close.
- If it uses the full team name it is too close, even if the mascot alone would not be. (e.g. LSU Tigers, Missouri Tigers, Auburn Tigers, Louisville Cardinals, Montreal Canadians, St. Louis Cardinals, Arizona Cardinals).
- If the mascot & team colors are used, too close.
- If the institution & colors are used, it's too close. [e.g. TEXAS in burnt orange]
- If it is close enough someone would buy it instead of licensed items, it's too close.
- If you have to ask if it is legal, it likely isn't.
- If you are going to sell it at game time in a game town to game attendees you will likely lose YOUR game.
- If you intend to do enough that people think of the team, you likely did too much.
- If you do it online, around the stadium, at a publicized team event, or in large quantities you are more likely to get caught and the penalties, fines or jail time will be bigger. In short if you are trying to get customers to buy your stuff as team souvenirs, you are asking for trouble, unless your stuff is officially licensed.
As part of the ordering process you will click on "I confirm my order", to complete your order. When doing so, you confirm you have the right to use the image for your order.
Rule 3: Additions and Corrections on Orders
Additions and corrections may be made on your order prior to production. Once an order goes into production, no changes are accepted. Payment is due once an order is in production. If a change still needs to be made after an order goes into production, place another order.
If an order is placed and paid for, and a mistake is made in placing the order so that a larger size is paid for, but a smaller product is desired, we will issue a credit that can be applied on your next order. We do not issue refunds. If an additional item or a larger size needs to be made, we can cancel your order for you. Give us a call.
Rule 4: DATA RETENTION
It is the customer's responsibility to Save, Archive or Backup a copy of the original Artwork or files. Eagle Eye provides the Eagle Eye Subscription Plan as an option for saving Artwork files.
There are certain things that Eagle Eye does not promise about the plan. Other than as expressly stated, Eagle Eye does not make any commitments about the specific functionality available through the plan, its reliability, availability, or ability to meet your needs. Circumstances beyond the reasonable control of Eagle Eye, including, without limitation, reasons of Force Majeure, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, or failure of third party software.
Using a reasonable level of skill and care Eagle Eye hopes that you will enjoy using the Subscription Plan for saving artwork files. Eagle Eye does not guarantee any data retention past the production of a client’s order apart from those participating in the Subscription Plan.
Rule 5: Past Due Accounts
All orders over 30 days past due will be charged a 2% late fee each month or part of a month the invoice is outstanding. Additionally, after 30 days, all orders not picked up will be held until payment is received; this includes vehicles.*
Any new orders placed, on an account over 30 days past due, will be placed on hold and will not be produced until payment is received.
- Vehicles left over 5 days after an order status has changed to "Ready for Pickup", will be charged a storage fee of $10 per day per vehicle.
- Vehicles will not be released when any invoice is over 30 days past due.
- Vehicles with invoices over 45 days will have a mechanics lien filed against the vehicle for repossession and any associated fees/expenses will be applied.