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.
Just a few samples of some recent jobs. See our Photo Gallery for More Ideas.
Please contact us directly for any
questions on any of our products
or services.