Design Proof Terms and Conditions

01Agreement and Acceptance

These Design Proof Terms and Conditions (the “Terms”) apply to every design proof that FirmStroke (“FirmStroke,” “we,” “us,” or “our”) provides to a customer (“Customer,” “you,” or “your”).

By reviewing, approving, requesting changes to, or placing an order based on any Proof, you agree to these Terms. If you do not agree, do not approve the Proof or use it in any way.

These Terms apply to ball markers and to any other product FirmStroke designs or produces for you, including but not limited to bag tags, divot tools, coins, and other golf accessories.

02Definitions

“Design”

means any artwork, layout, illustration, graphic, color scheme, composition, mockup, rendering, digital file, or concept created, developed, or modified by FirmStroke, in any stage of completion and in any format.

“Proof”

means any visual representation of a Design provided to you for review or approval, whether sent by email, text, website, PDF, image file, physical sample, or any other method.

“Products”

means ball markers and any other goods FirmStroke produces using a Design.

“Customer Materials”

means logos, trademarks, names, text, photos, or artwork that you supply to FirmStroke for inclusion in a Design.

03Ownership of Designs

FirmStroke owns all right, title, and interest in every Design and Proof, including all copyrights, design rights, trade dress, and other intellectual property rights, worldwide.

This ownership applies whether or not you approve the Proof, place an order, pay for the Products, request revisions, or contribute ideas or feedback. Approving a Proof or purchasing Products does not transfer any ownership of a Design to you.

Any suggestions, feedback, or ideas you provide about a Design become part of the Design and are owned by FirmStroke. You assign to FirmStroke any rights you may have in that feedback.

No Design is a “work made for hire” for you, and nothing in these Terms grants you any license to a Design except as stated in Section 4.

04Restrictions on Use

You may view a Proof only to evaluate it and approve or request changes for an order with FirmStroke. You may use, display, resell, and give away the finished Products you purchase from FirmStroke.

You may not do any of the following without FirmStroke’s explicit prior written permission, signed or sent in writing by an authorized FirmStroke representative:

1. Reproduce, manufacture, or have manufactured any Design or Proof, in whole or in part, by yourself or through any other vendor or manufacturer.
2. Send, share, or show any Proof or Design file to another manufacturer, supplier, printer, or designer.
3. Copy, modify, adapt, trace, or create derivative or substantially similar works based on any Design.
4. Use any Design on other products, packaging, apparel, signage, websites, social media, advertising, or marketing materials, other than displaying or photographing the finished Products you purchased.
5. Register, or attempt to register, any Design as a trademark, copyright, or design patent.
6. Sell, license, or transfer any Design or Proof to anyone else.

Verbal permission, silence, or a lack of objection by FirmStroke is not written permission. Written permission is limited to the specific use, quantity, and time period stated in it.

05Customer Materials

You keep ownership of your own Customer Materials, such as your club, company, or event logo. FirmStroke’s ownership covers the Design as created by FirmStroke, including its layout, artwork, and composition, but not your underlying logo or trademark itself.

You grant FirmStroke a non-exclusive, royalty-free license to use your Customer Materials to create Proofs, produce your Products, and, unless you tell us otherwise in writing, show photos of the finished Products in FirmStroke’s portfolio and marketing.

You confirm that you own or have permission to use all Customer Materials you provide, and that they do not infringe anyone else’s rights. You agree to defend and hold FirmStroke harmless from any claim arising from Customer Materials you supplied.

06Proof Approval, Final Sale, and Reorders

Please review every Proof carefully for spelling, names, dates, logos, layout, colors, and sizing before you approve it.

Approval is final. Once you approve a Proof, FirmStroke will produce your Products exactly as shown, and you are responsible for any errors in the approved Proof. No changes can be made to an order after its Proof is approved.

No cancellations or refunds. Because Products are custom made to your approved Proof, orders cannot be cancelled or refunded once the Proof is approved. This does not limit FirmStroke’s responsibility for Products that are defective or do not match the approved Proof.

Color and finish. Colors on screens and printed Proofs are approximate. Finished Products may vary slightly in color, finish, and detail due to materials and production methods, and these minor variations are not defects.

Reorders. You may reorder Products made from a previously approved Design without a new Proof, as long as nothing changes. Any change, including text, colors, sizing, or Customer Materials, requires a new Proof and a new approval.

07Confidentiality, Remedies, and General Terms

Confidentiality. Proofs and Design files are confidential and provided only for your review. Do not distribute them outside your organization except to people who need to see them to approve the order.

Remedies. Unauthorized use of a Design would cause FirmStroke harm that money alone may not fix. FirmStroke may seek an injunction to stop the use, in addition to damages, an accounting of any profits from the use, and its reasonable attorneys’ fees and costs.

Survival. Sections 3, 4, 5, and 7 continue to apply after your order is complete or cancelled, and whether or not you ever place an order.

Governing law. These Terms are governed by the laws of the State of Texas and applicable U.S. federal law. Any dispute will be resolved in the state or federal courts located in Harris County, Texas.

Entire agreement and changes. These Terms, together with any written quote or invoice from FirmStroke, are the entire agreement about Designs and Proofs. FirmStroke may update these Terms for future Proofs; the version in effect when you received a Proof applies to it.

Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

08Electronic Acceptance

Clicking a button on FirmStroke’s website to accept these Terms or to approve a Proof, such as “I Agree” or “I Approve & Sign,” is your electronic signature and has the same effect as signing by hand. FirmStroke may keep a record of each acceptance and approval, including your name, email, the Proof approved, the acknowledgment text shown to you, and the date and time.

Contact

Questions about these Terms or requests for written permission can be sent to info@firmstroke.com.