1. Purpose of this policy
BLACKENOUT respects intellectual property rights and expects everyone who uses https://www.blackenout.com to do the same. This Copyright & Intellectual Property Policy explains how we handle designs sold in our catalog, artwork uploaded for custom orders, artist submissions, and reports of alleged infringement.
This policy supplements our Terms of Service. If there is a conflict, the Terms control for contractual matters and this policy controls for how we evaluate intellectual property complaints.
2. Designs in our catalog
Products listed in the BLACKENOUT shop are offered by us or by artists and collaborators who have granted us permission to reproduce their work on merchandise. Catalog designs, product photography we create, branding, and site content are owned by BLACKENOUT or our licensors unless otherwise credited on the product page.
- You may not copy, scrape, resell, or reproduce catalog artwork for your own products or services without written permission.
- Artist credit shown on a product page reflects the arrangement we have with that contributor. It does not grant you any license to use the artwork outside purchasing that product for personal use.
- If you believe a catalog listing infringes your rights, follow the reporting process in Section 8 below.
3. Your responsibility for uploaded content
If you upload files for custom print orders, submit designs through our artist program, or otherwise provide images, text, logos, or other materials to us, you are solely responsible for ensuring you have all rights needed to use that material on apparel and accessories.
By submitting content, you represent and warrant that:
- You created the work yourself, or you have obtained all necessary licenses, permissions, assignments, or releases from every person or entity with rights in the material.
- Your content does not infringe any copyright, trademark, trade dress, patent, moral right, privacy right, publicity right, or other proprietary right.
- You have obtained any model, performer, or property releases needed for names, likenesses, logos, or identifiable people or places shown in the file.
- Your content does not violate any law, court order, or platform policy applicable to the order.
We do not provide legal advice and we do not verify ownership of every uploaded file. You—not ${storeName}—bear the risk if you submit material you are not authorized to use.
4. License you grant to us
When you upload content in connection with a custom order, you grant us and our fulfillment partners a non-exclusive, worldwide, royalty-free license to host, reproduce, resize, modify for production purposes, and print that content solely to fulfill your order and provide related customer support.
When you submit artwork through our artist or community submission flows, you grant us a non-exclusive license to review, store, display internally, and contact you about the submission. Unless we enter a separate written agreement with you, you retain ownership of your underlying artwork. If we proceed with a collaboration, we will confirm credit, compensation, and usage scope before production.
No license is granted to us to sell your uploaded work to other customers except where you explicitly request and approve a broader use in writing.
5. Prohibited content
We may refuse, cancel, or remove any order or submission that includes, or appears to include, content we reasonably believe is unlawful or infringes third-party rights. Examples include, without limitation:
- Copyrighted characters, artwork, photography, album covers, movie or TV stills, video game assets, or other media you did not create or license
- Corporate logos, brand names, slogans, trade dress, or sports team marks you are not authorized to use
- University, school, Greek organization, military, government, or event marks used without permission
- Music lyrics, band names, or artist names used in a way that implies endorsement or affiliation
- Celebrity names, portraits, or likenesses used without permission
- Stock images, fonts, or clip art used outside the license terms you purchased
- Another person's artwork, tattoo flash, or design copied or traced without rights
- Material that is defamatory, harassing, hateful, sexually exploitative, or otherwise unlawful
- Content intended to evade intellectual property enforcement, such as misspelled brand names or altered logos that remain confusingly similar
This list is illustrative, not exhaustive. If you are unsure whether you have rights to a design, do not submit it until you obtain proper permission or create original work.
6. Our review and enforcement rights
- We may manually or automatically review uploads and submissions before or after production.
- We may cancel or suspend orders, withhold fulfillment, remove listings, disable accounts, and retain records needed to respond to complaints or legal requests.
- We may cooperate with rights holders, payment processors, fulfillment partners, and law enforcement when required or appropriate.
- Repeated or serious violations may result in permanent refusal of service.
If we cancel an order because of a rights issue you caused, we may issue a refund minus any costs already incurred, or no refund where permitted by law and our Terms.
7. Repeat infringement
We maintain a policy of restricting or terminating access for users who repeatedly upload or submit infringing content, submit fraudulent infringement claims, or otherwise abuse our reporting process.
8. Reporting copyright or trademark concerns
If you believe content on https://www.blackenout.com infringes your copyright, trademark, or other intellectual property rights, email admin@blackenout.com with the subject line "IP Complaint". Include enough information for us to evaluate the claim:
- Your full name and contact information
- Identification of the work you claim has been infringed
- The URL or product name on our site where the allegedly infringing material appears
- A description of why you believe the use is not authorized
- A statement that you have a good-faith belief the use is not authorized by the rights owner, its agent, or the law
- A statement, under penalty of perjury where applicable, that the information in your notice is accurate and that you are the rights owner or authorized to act on the owner's behalf
- Your physical or electronic signature
We may forward your notice to the customer or submitter where required or permitted by law, including under Canada's notice-and-notice regime. We may also request additional information before taking action.
9. Responses from uploaders
If you receive a notice relating to content you submitted and believe the material was removed or blocked in error, reply to the email address that contacted you with an explanation of why you believe you have the right to use the content. We may request supporting documentation, such as licenses, commission agreements, or original project files.
Knowingly submitting false infringement claims or false counter-notices may expose you to legal liability.
10. Your indemnity obligation
If your uploaded or submitted content causes a claim against us—including claims by a brand owner, artist, photographer, font foundry, sports league, or collecting society—you agree to indemnify and hold harmless ${storeName} and our partners for resulting damages, settlements, costs, and reasonable legal fees, as described in our Terms of Service.
11. Contact
Intellectual property questions and complaints: admin@blackenout.com