Terms of Service
We provide
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice. By
accessing any page on this site, you agree to be irrevocably bound
by these terms and conditions.
Attention trademark and copyright attorneys representing others'
intellectual property, you are hereby notified: We are a commercial
printer, advertising, and specialty products company. We offer to
manufacture or provide hundreds of digital, screen printing, and
vinyl advertising products on demand for any company or
organization. We do not stock any products; we only produce custom
orders at the request of those who are authorized. We operate under
the $39 billion industry-standard guidelines of the Advertising
Specialty Products and Commercial Printer Industries. The authority
for any company (commercial printer or otherwise) to produce
trademarks, logos and copyrighted materials for advertising and
promotional products is given to them by, among others, the
registrant, licensees, dealers, resellers, charity organizers,
sponsorship recipients and other written or implied licenses.
1. Use Of Service
We currently provide our customers with access to instant quoting,
design online and other printing resources (collectively, the
"Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, shall be subject to
these TOS. You understand and agree that the Service is provided
"AS-IS" and that we assume no responsibility for the timeliness,
deletion, misdelivery or failure to store any user communication,
design, graphic, or photo that you or any other person customizes or
supplies.
2. Design Shop Graphics
Graphics used on our site and offered as products are for
individual, internal or promotional non-commercial purposes only.
For example, you may use the graphics we provide for your personal
(or your company's) use, however you may not then re-sell the
graphic commercially. If you need any further clarification as to
what is meant by TOS ll., please see below for contact information.
3. Fonts
The typefaces on final printed products are graphic representations
of the original fonts that appear on your screen.
4. Personal data
In consideration of your use of the Service, you agree to provide
true accurate, current and complete information about yourself as
prompted by the Service's registration form or similar query
("Personal Data"). Failure to provide accurate information or giving
false information is a violation of our Terms of Service.
5. Customer Content
You understand that all information, data, text, photographs,
graphics, messages or other materials ("Content") are the sole
responsibility of the person from which such Content originated.
This means that you, and not us, are entirely responsible for all
Content that you send, upload, post, request or otherwise transmit
via the Service. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and
acceptable Content. You agree to not use the Service to send,
upload, post or otherwise transmit any Content that contains (i)
child pornography or anything indecent, obscene, lewd, lascivious,
filthy or vile; (ii) a threat to kidnap or injure a person, a threat
to injure the personal property or reputation of another person, a
threat to accuse any person of a crime, a threat to inform another
that a person has violated any law of the United States, or a threat
of blackmail; (iii) any matter advocating or urging treason,
insurrection, or forcible resistance to any law of the United
States; (iv) any defamatory remarks directed at any other person or
company; or (v) any content that infringes the intellectual property
rights or other proprietary rights of ours or any third party. We do
not control the Content posted by Customers and we do not guarantee
the accuracy, integrity or quality of the Content. Under no
circumstances will we be liable to you in any way for any Content
you may be exposed to that you may find offensive, indecent or
objectionable. You understand that you control the privacy of any
Content you elect to post by granting access under your personal
password. When you, or someone to whom you have given access, orders
a print item using your password, you grant us the world-wide,
royalty free and non-exclusive license to use, reproduce,
sublicense, modify, adapt, publish, display and create derivative
works from the Content on the Service and on the printed product for
the purposes of storing designs or processing print orders. This
license exists only for the length of time necessary for us to
complete your order or until you delete the Content from the
Service. You acknowledge that we do not pre-screen Content, but that
we shall have the right (but not the obligation) in our sole
discretion to remove any Content that violates the TOS or may
otherwise be objectionable. You further acknowledge and agree that
we may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that the Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of our business, our customers and the
public.
6. Indemnity
You agree to indemnify and hold us, and our subsidiaries,
affiliates, officers, agents, co-branders, print vendors, business
partners, employees, successors or assigns harmless from any claim
or demand, including reasonable attorneys' fees, made by you, an
agent of yours, or any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS,
or your violation of the rights of a third party. You further agree
to reimburse us for all expenses resulting from any such claims or
demands.
7. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
8. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS,
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR
INABILITY TO USE THE SERVICE; (Ii) YOUR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (Iii) THE
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(Iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
9. Trademark Information
Our company name and web site address are our trademarks. You shall
not display or use them in any manner without our prior written
permission. All other brand and product names found on the our site
are considered trademarks or registered trademarks of their
respective companies. You may not place or reproduce any trademarks,
service marks, or logos that are not owned by you or licensed to you
onto materials and merchandise to be printed via our Service. Words,
names, and designs used to identify services or products are
considered trademarks, service marks, and/or logos. The same policy
applies for copyrights. You may not use copyrighted materials from
artists, photographers, publishers, writers, composers, and other
authors of original works unless they are specifically licensed to
you by the copyright holder.
10. Copyrights, Trademarks, and Licenses
We respect the intellectual property of others, and we ask our
customers to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide us with the following information: (a) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (b) a description of the
copyrighted work that you claim has been infringed; (c) a
description of where the material that you claim is infringing is
located on the site; (d) your address, telephone number, and email
address; (e) a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law; (f) a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the
copyright owner's behalf.
If John Doe were to submit an order for business cards to his local
printer that includes a well-known trademarked logo of his real
estate brokerage's parent company, the print shop cannot and does
not contact the trademarked company to determine whether or not John
Doe is truly a licensed real estate agent with the firm prior to
going to print. There are tens of thousands of real estate agencies
and agents at any time which are changing daily. Similarly, no
commercial printer has the ability to verify the authorization of
each order prior to going to print. The responsibility of obtaining
the proper authorization to reproduce artwork that is a registered
trademark or copyright lies entirely with you and your company. You
must secure the proper permission, if needed, before submitting any
order that includes copyrighted logos or artwork. By continuing with
your purchase you are conveying to us that YOU have authorization,
or that you have secured permission to reproduce the requested
trademark or logos for an authorized dealer, sponsor, advertiser,
promotion, etc.
We welcome your business. We will not sell to anyone who has not
conveyed to us that they are authorized to reproduce the registered
trademark and thereby assume all legal responsibility and any
alleged damages for any trademark infringement resulting from their
fraudulent misrepresentation.
The submission of any order constitutes a representation and
warranty by the individual or entity submitting the order that such
individual or entity is the owner of all trademarks or copyrighted
material contained therein, or has obtained any required consents or
authorizations from the owner(s) to order the reproduction of such
material.
By submitting a design to us, you warrant and represent that you are
the sole, legal owner or licensee of all rights, including
copyright, to each copyright, service mark, trade name, trademark,
logo, portrait, graphic, artwork, statement, photograph, picture or
illustration of any person or any other intellectual property
included in such design.
Further you warrant and represent that no part of the design: (1) is
the subject of any notice of such infringement you have received;
(2) violates or infringes upon any common law or statutory right of
any person or entity, including, but not limited to, rights relating
to copyrights, trademarks, contract rights, moral rights or rights
of public performance or (3) is subject to any restriction or right
of any kind or nature whatsoever which would prevent us from legally
reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or
proceeding brought against us, and our subsidiaries, affiliates,
officers, agents, co-branders, print vendors, business partners,
employees, successors or assigns which relates to, or is based upon,
a claim that any portion of the design infringes or constitutes
wrongful use of any copyright, trademark, or other right of any
third party, provided that we give you written notice of any such
claim and provide you such reasonable cooperation and assistance as
you may require in the defense thereof. You shall pay any damages
and costs assessed against us pursuant to such a suit or proceeding.
Further, you agree to indemnify and hold us harmless from and with
respect to any such loss or damage (including, but not limited to,
reasonable attorneys' fees and costs) associated with any such
claim, suit or proceeding.
All items shown on this web site containing corporate logos or
registered trademarks are shown only to illustrate our logo
reproduction capabilities. Purchase of merchandise from us in no
way, shape or form grants you permission to reproduce logos, nor
does it transfer, grant or lease ownership of any logos or
trademarks to you.
11. Color Matching
Digital proofs are provided upon request via email or the web. Color
matching is done to the best of our ability. Due to the infinite
configuration possibilities of end-user hardware and software, it is
impossible to perfectly match the proof that is provided. All proofs
are understood to be close representations of the printed product,
and will inevitably have a certain degree of deviance from a
monitor's image.
12. Replacements
Under no circumstances will a refund be issued for any custom
printed graphics. All graphics produced are completely custom, and
are therefore only of value to the original purchaser. We may
replace defective graphics if the original defective portion of the
graphic is returned to us in its entirety. Defects are limited to
faulty materials or workmanship. Under no circumstances will
installation error be considered a defect.
Durable, Easy to Install
Custom Vinyl Graphics
at Reasonable Prices
