Printing and Graphic Design Terms and Conditions
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- LEGAL CLAIM: NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. SERIOUS INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
- ORDERS:
Acceptance of orders is subject to the credit and pricing approval of the management
of
Serious Inc. (“SI”) and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider’s control.
- ORDER APPROVAL:
Customer is fully responsible for final proof and layout approval prior to the printing process.SI is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size INDEMNITY.By submitting approval of proofs to SI “I agree to the following terms”.
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors. - PAYMENT: Unless SI agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with SI or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; SI will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that SI and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that SI may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
- REFUNDS AND CANCELLATIONS: All sales are final. No refunds are available on print orders unless art files have NOT been uploaded to the site, submitted to customer service or on orders which proofs have had "OK TO PRINT" approval given or any process thereafter. On jobs that meet the above criteria, a $15 processing fee will be charged for each job cancellation. On jobs that meet the above criteria, you must contact SI within 30 days to request your refund (Please allow at least 10 business days for any refunded monies to be credited to your account). Any refund requests approved after 30 days will be issued as a credit toward the next order. If an order is cancelled after we have sent You a hard copy proof, those charges for the hard copy proof are non-refundable. No refunds are issued for Logo, Graphic design and Website design services.
- LIMITATION
OF LIABILITY:
SI SHALL NOT be liable for any damages whatsoever, and in particular SI shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SI has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE NOT APPLICABLE.
- STIPULATIONS:
Customer assumes sole responsibility for any statutory
rule of trade industry regulation that imposes certain stipulations that
must appear on customer’s printed business materials and/or website in
order to comply with rules of fairness and representation of accuracy or
certification.
- CUSTOMER PROVIDED CONTENT: For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to SI for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to SI you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold SI and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by SI in defending against such suit, demand or claim.
SI does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to SI cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to SI any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would interfere with or disrupt the services and/or production of SI and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that SI does not pre-screen Customer Content, but that SI reserves the right to do so at any time and that SI and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that SI may preserve Customer Content and may also disclose Customer 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 these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SI, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, SI, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of SI.
- Venue,
for all purposes, under this agreement shall lie in Warren County, Tennessee.
- If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by SI, in our sole discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.