1. Your Acceptance
2. Website Access
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Sugardoodlekids.com of any unauthorized use of your password or account or any other breach of security. Sugardoodlekids.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Sugardoodlekids.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Sugardoodlekids.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sugardoodlekids.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. The Sugardoodlekids.com Website
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics and photos created by and for Sugardoodlekids.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sugardoodlekids.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Sugardoodlekids.com or as expressly provided herein. Sugardoodlekids.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
The interactive nature of postings on Sugardoodlekids.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments and observations made by Sugardoodlekids.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Sugardoodlekids.com, and we make no guarantee regarding the reliability, accuracy or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You are solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sugardoodlekids.com, you hereby grant Sugardoodlekids.com worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Website and Sugardoodlekids.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on Sugardoodlekids.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Sugardoodlekids.com reflects your respect for the legal rights of users connected with Sugardoodlekids.com. You understand that Sugardoodlekids.com does not guarantee any confidentiality with respect to any User Submission.
Sugardoodlekids.com expressly disclaims any and all liability in connection with User Submissions. Sugardoodlekids.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Sugardoodlekids.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on Sugardoodlekids.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Sugardoodlekids.com.
You may not, in connection with the Website, upload, post, email or otherwise transmit any User Submission that:
You may not, except with Sugardoodlekids.com’s express advance authorization or in a specially designated area, use the Website to:
7. Design Submissions
If you are submitting a Design idea to Sugardoodlekids.com, you agree to additional Terms and Conditions.
8. Copyright Infringement
Sugardoodlekids.com respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Sugardoodlekids.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Sugardoodlekids.com reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act of 1976 to confirm these requirements):
Such written notice should be sent to our designated agent as follows:
Sugar Doodle Kids Complaints
c/o Paul W. Hess
3 Triad Center, suite 500
Salt Lake City, Utah 84180
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
Sugardoodlekids.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Sugardoodlekids.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
11. Warranty Disclaimer
12. Limitation of Liability
IN NO EVENT SHALL SUGARDOODLEKIDS.COM , OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SUGARDOODLEKIDS.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SUGARDOODLEKIDS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Sugardoodlekids.com from its facilities in the United States of America. Sugardoodlekids.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Copyright Notice
The Sugardoodlekids.com Website is a 2012, Sugar Doodle Kids LLC. All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Sugar Doodle Kids, L.L.C.
All of the Sugardoodlekids.com trademarks are owned by Sugar Doodle Kids LLC, and may not be used for any purpose without the prior written permission of Sugar Doodle Kids LLC.
Sugar Doodle Kids Legal Terms & Conditions
By selecting "I Agree" below and in consideration of Sugardoodlekids.com evaluating your Design (hereinafter the "Design") for its possible use on clothing, sheets, blankets, pillow cases, robes, slippers, or other items related to sleeping or sleeping attire (the "Items"), you agree to the following terms and conditions ("Design Submission Terms and Conditions"):
If your Design is selected for use by sugardoodlekids.com, you acknowledge and agree that your Design is a “work made for hire” (within the meaning of the Copyright Act of 1976, as amended) with respect to which Sugar Doodle, L.L.C. is the “author” under that Act) for ownership and exclusive use by Sugar Doodle Kids, L.L.C. and you assign to Sugar Doodle Kids, L.L.C. and its subsidiaries and affiliates (hereinafter collectively "Sugardoodlekids.com") 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. You also acknowledge that you waive all "moral" rights that you may have in and to your Design.
If your Design is selected, Sugardoodlekids.com has the right to 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 sugardoodlekids.com website and on promotional material for sugardoodlekids.com, and registering the Design with the US Copyright Office in the name of Sugar Doodle Kids, L.L.C. as the Claimant, and you as the Author. You agree to provide Sugardoodlekids.com with minimal information as may be required in order to register the copyright in the Design if sugardoodlekids.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 ninety (90) days after the date of submission while the Design is being evaluated by Sugardoodlekids.com. Once the ninety (90) days have passed, if your Design is not chosen for print by Sugardoodlekids.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 Sugardoodlekids.com by email email@example.com about where and when the Design will be used, so that it can be removed from the Sugardoodlekids.com website at that time. In addition, if the Design is used or reproduced for commercial purposes elsewhere, you cannot use the Sugardoodlekids.com blogs to promote the Design or the company using the Design. You further agree not to use the Sugardoodlekids.com blogs to promote the products and services of any company that operates in competition with sugardoodle.com. Sugardoodlekids.com reserves the right to choose your design after the (90) days have passed, on the condition that the Design has not been used for commercial purposes on any Items, as described above.
You represent and warrant that the Design you are assigning to Sugardoodlekids.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.
You acknowledge that Sugardoodlekids.com reserves the right to decline to select a Design for consideration for any reason, including poor design, as further explained in the "Decline Reasons" page of the Sugardoodlekids.com website, which are subject to change at any time.
If your Design is selected for use by Sugardoodlekids.com, you will receive cash as per the following schedule; $50 for art received from ages 4 to8, $75 for ages 9 to 13, $100 for ages 14 to 17, $300 for 18 and older also adult professionals.. Sugardoodlekids.com reserves the right to change these payment terms at any time, by posting them on the Sugardoodlekids.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 Sugardoodlekids.com. Payment will be sent within ninety (90) days after Sugardoodlekids.com receives hi-resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by Sugardoodlekids.com, Sugardoodlekids.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 Sugardoodlekids.com, do not comply with these Design Submission Legal Terms and Conditions, or for any other reason at Sugardoodlekids.com's sole discretion, can at any time be excluded from consideration without notice.
The decisions of sugardoodlekids.com are final and binding.
Explanation of Submission Decline Reasons
Your submission was declined because we feel your idea could use a little more work to be up to the standard that will give it the best shot.
Lose the Text
Your submission was declined because we feel it would have a much better chance if the text was eliminated or better integrated into the design. Most designs don’t need text at all, but if the text absolutely must be included we suggest designing your own text rather than using a standard font.
Your submission was declined because it contains copyrighted material. Pop-culture inspire designs sometimes have legal issues we would rather not flirt with. Unfortunately, this is the case with your artwork. Please see our parody information page at www.sugardoodlekids.com/info/parody
Your submission has been declined because the quality of your image is too poor (pixelated or blurry). Don’t worry, this is a common mistake. Save your original artwork at least 300dpi. By working large and then scaling down, it’s easier to avoid a blurry image.
Your submission was declined because we are not authorized to use the pajama model you chose. We’re all for the use of other elements to enhance your presentation, but you must have permission to use image(s) that do not belong to you.
Please keep in mind that the Sugar Doodle Kids audience begins at very early age. We aren’t very particular, but your design is past what is appropriate for Sugar Doodle Kids. We won’t accept anything racist or pornographic, or anything that could commonly be considered very offensive.
Your design was declined because it is a copy of a design that you previously submitted. If you want to submit a design more than once, you are required to make significant, noticeable changes to the design. We do not accept the same design more than once.
Your submission has been declined because it’s impossible to translate your artwork to a pajama top. It’s rare that we’ll throw in the towel on a submission, but your idea is not physically printable!
Your submission was not uploaded properly and resulted in an error. It’s possible that there was a server problem, or that your design was the incorrect resolution. Please make sure your submission is 300dpi and saved in the proper format (.jpg, .tiff, with a backup .jpg image) before resubmitting!
Information on Parody & Copyright laws
This page is intended to provide information about intellectual property law in order to help the Sugar Doodle Kids community in the submission process. Legal information is not the same as legal advice – legal advice is the application of law to an individual’s specific circumstances. The information contained on this page is general legal information and should not be construed as legal advice. If you are unsure of whether or not your proposed submission is compliant with the laws governing intellectual property, it is recommended that you consult a lawyer, as we are not a law firm, but simply purveyors of creative genius.
Copyright vs. Trademark
It might first help to explain the difference between Copyright and Trademark. A copyright is a property right in an original work of authorship (such as literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. A trademark is a word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others.
“Fair Use” is a legislative provision included in the U.S. Copyright Act that allows for use exceptions to a copyright holder’s exclusive rights. The predominant exceptions of fair use include non-commercial speech, social and political commentary, news reporting and teaching purposes. The four primary factors in determining whether use is fair include:
Parody is also considered one of the “fair use” defenses. Parody, in the eyes of the law, is applicable when the new work calls to mind the original work (the original author’s design or trademark) and criticizes or ridicules the message of that original work or trademark. There is a common misperception in the blogs that Parody and Satire are the same thing. Satire is different in that a satire piece (new work) uses the original work as a mere vehicle to criticize something else. The fine line distinction here is that the parody creates more of a new original work that could stand alone whereas the satire is reusing the original without any substantial change and thus not falling under the aforementioned fair use factors.
That being said, while parody can be deemed a fair use in certain situations – that is by no means an absolute truth that all parodies constitute a fair use. This is a very complicated area of law and many courts interpret the fair use factors differently. As always, when in doubt you should consult an attorney if you are unsure.
When considering submitting a design, you should ask yourself the following questions regarding your design and if it would qualify as a parody:
If the new work is funny but in a way that makes no commentary on the message of the original work, it will probably not be considered a parody. The perception of some type of perceived social commentary or criticism is the key.
Finally, you must always keep in mind of the fact that this is a commercial enterprise – this fact alone will make a copyright/trademark holder and a reviewing court put extra scrutiny on the submitted design when applying the fair use factors.
All celebrities are afforded statutory protection which gives them a right of publicity. In other words, it is unlawful to use another person’s likeness for commercial advantage without permission. By selling T-Shirts depicting celebrity images, without permission, we would be clearly violating the law, and as such, have no interest in accepting submissions that utilize celebrity likenesses.
Dead Celebrities – Over the past several years, there has been a state-by-state trend of passing statutes to protect the estates of deceased celebrities from the unauthorized use of their image and likeness from commercial exploitation. Sugardoodlekids.com respects the rights of both living and deceased celebrities and will not accept submissions featuring celebrities’ images.
Political Figures Exception
Conversely, political figures – while many enjoy “celebrity” status (and notoriety for that matter) – are fair game.
One final key point to remember – per the terms on our website governing submissions – the final decision on whether to accept and print a submission falls squarely on Sugardoodlekids.com and our production department. If we decide to decline your submission because we feel it poses certain “grey-area” risks that we as a company do not want to take a chance on, we simply ask that you respect our decision and refrain from making subsequent arguments with us (via emails, blogs, etc.) that your design is a ‘fair use’ or ‘protected speech’ and that we are wrong for not producing it – at the end of the day, the liability for infringement is going to fall squarely on our shoulders and as such, we ask that you respect our decisions.