Guidelines & Terms and Conditions for Printing Sensitive Images

Guidelines & Terms and Conditions for Printing Sensitive Images

Bogan Gift Co aims to provide clear and specific guidelines regarding the printing of sensitive and/or explicit images on our products.

In accordance with ethical and legal norms regarding images submitted by customers, we abstain from printing photos and various forms of media and art that portray violent scenes, graphic content, certain types of explicit sexual behaviour/acts, excessively gory material, bestiality, necrophilia, sexual depictions involving children, or any other prohibited content.

The following guidelines underscore the priority placed on the safety, protection, and rights of both our esteemed customers and staff. They are designed to achieve a delicate balance, allowing photographers to express their artistry while simultaneously ensuring the safeguarding of vulnerable individuals.

Permission to Use Images

By submitting any image/images to us to print on your chosen product, you accept our General Terms and Conditions located here combined with the following additional Terms and Conditions below:

a) Ownership and Rights:

i. You affirm that you are the rightful owner of the submitted images or have obtained all necessary permissions and licenses to use, reproduce, and distribute the images.

ii. If the images contain individuals other than yourself, you confirm that you have obtained written permission from each individual to use their likeness in the submitted images.

b) License Grant:

i. You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt the submitted images solely for the purpose of printing on the specified product.

c) Prohibited Content:

i. You agree not to submit any images that infringe upon the intellectual property rights of others, violate any applicable laws, or contain offensive, defamatory, or illegal content.

d) Usage Limitations:

i. The granted license is limited to the specific purpose of printing the images on the chosen product and does not extend to any other use without your explicit consent.

ii. You agree that images are for personal use and not for resale or distribution.

e) Written Permission for Individuals:

i. If the submitted images include individuals other than yourself, you confirm that you have obtained written permission from each individual to use their likeness in the submitted images.

f) Indemnification:

i. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of the use of the submitted images, including but not limited to claims of copyright or trademark infringement, or the illegal use of an individual's photo or photos without their consent.

g) Compliance with Laws:

i. You warrant that the submission and use of the images comply with all applicable laws and regulations, including but not limited to copyright, trademark, and privacy laws.

h) Right to Refuse:

i. We reserve the right to refuse the use of any images that we deem inappropriate or in violation of these terms.

i) Confidentiality:

i. We will treat the submitted images as confidential information and will not disclose or share them with third parties, except as required for the printing process or as otherwise specified in this agreement.

j) Termination of License:

i. This license is effective until the completion of the printing process. We retain the right to remove any printed product that violates these terms.

k) Changes to Terms:

i. We reserve the right to modify these terms at any time. Any changes will be effective immediately upon posting on our platform.

l) Placing an Order For Sensitive Images

i. By submitting your images, you signify your understanding and acceptance of these terms. If you do not agree with these terms, please do not submit any images for printing.

Prohibited Content

Content that is prohibited includes any portrayal that is abusive, deceptive, obscene, defamatory, slanderous, offensive, violates or encroaches on the rights of others, depicts or advocates illegal activity, provides a link to any of those items, or is otherwise deemed inappropriate. This is at the sole discretion of our business.

Graphic Content

Graphic content is any media that encompasses depictions of death, violence, medical procedures, or serious physical injury in explicit detail. Examples include, but are not restricted to:

Accidents or violent crimes;
Physical altercations;
Instances of child abuse;
Bodily fluids (including blood, faeces, semen, etc);
Severe physical harm, including visible wounds;
Animals who are severely injured, abused or mutilated.

*Note: Certain exceptions may be considered for documentary or educational content.


Sexual Behavior

Sexual behavior refers to any media that contains the following. Note that these examples are not exhaustive:

Simulated sexual acts;
Sexual intercourse or other sexual acts (images with penetration, oral sex etc).

*Note: Exceptions may be considered for artistic, medical, health, or educational content.

Violent Sexual Conduct

Violent sexual conduct pertains to any media portraying real or simulated violence associated with sexual acts involving adults or minors. Examples encompass, but are not restricted to, depictions of:

Rape and other forms of violent sexual assault, or sexual acts occurring without the consent of participants, including simulated lack of consent;
Sexualized violence, involving inflicting physical harm on an individual within an intimate setting.

Bestiality and Necrophilia

Bestiality refers to any media depicting sexual acts between a human and an animal. Necrophilia pertains to any media portraying sexual acts between a living human and a human corpse.

Gratuitous Gore

Gratuitous gore encompasses any media displaying excessively detailed or gruesome content related to death, violence, or severe physical harm. This includes material that appears intended for sharing with sadistic purposes. Examples comprise, but are not restricted to, portrayals of:

Dismembered or mutilated humans;
Charred or burned human remains;
Exposed internal organs or bones;
Killing or torture of animals.

*Note: Considerations for exceptions may be applied in the context of depictions related to food preparation and hunting.

Sexual Images Involving Children

Sexual images involving children include any minor who appears to be under the age of eighteen (18), who are depicted topless, or implied to be topless, or naked in any manner whatsoever. This includes any angle of the shot whatsoever, including front, side, back, or any other possible viewpoint. Images of any minor's body involved in a sexual act are prohibited regardless of whether breasts or genitalia are visible or not. Any efforts to bypass these restrictions through the use of transparent clothing, blurring, 'black bars,' props, or other means whatsoever of censoring will be considered invalid and inadequate by reviewing staff and treated as if these measures were not used at all. No images will be printed of children:

in lingerie or any form of undergarments;
in any bondage or sadomasochistic scene or manner of dress;
in any sexual, provocative, or alluring pose, whether clothed or unclothed; or
with sex toys, condoms, or other sexual props or materials.

Inappropriate Content Ordered by Minors

Bogan Gift Co will cancel and refund all nude or erotic content submitted by a minor. We reserve the right to suspend or cancel the accounts of any minor who deliberately falsifies their age during an order and/or account creation in an attempt to submit prohibited content.

All Decisions Regarding Inappropriate Content Are Final

Any image or images that violate these guidelines, will not be printed. Additionally, where images are in clear violation of these guidelines and specifically where minors and/or animals are at risk, Bogan Gift Co may be compelled to report the images and the customers' information to the appropriate authorities.

Transmission/Storage of Images

Bogan Gift Co will provide a link to upload your image/images. The upload and download links are provided third-party service. Bogan Gift Co takes the security and privacy of your images in the highest regard, however given that any form of storage/file transfer is susceptible to hacking, we cannot guarantee or be held liable for the security of your images at any stage of transfer, or storage.

By choosing to upload images to the server, you explicitly agree to indemnify and hold Bogan Gift Co harmless from any claims, damages, or liabilities that may arise from the uploading, or downloading of images.

Shipping

Bogan Gift Co is committed to ensuring the secure and discreet delivery of your items. Your order will be dispatched in either plain packaging or Bogan Gift Co branded packaging. Unless mandated by customs or insurance requirements, there will be no indication of the items' nature on the external packaging.

Please be aware that shipping involves standard procedures, including the possibility of inspections, over which Bogan Gift Co has no control. Despite meticulous packaging, items may still be vulnerable to damage during the shipping process. In such instances, the contents of the package may become exposed.

Additionally, please note that any parcel, regardless of its packaging, is susceptible to theft after delivery or may be mistakenly delivered to an incorrect address.

By proceeding with your purchase, you expressly agree to indemnify and hold Bogan Gift Co harmless from any claims, damages, or liabilities arising from incidents related to the shipping process. This includes, but is not limited to, damage during transit, exposure of the item, theft after delivery, or mis delivery to an incorrect address.

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.