Terms of ServiceCustomer acknowledgement: 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 may not be able to make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to Advanced Imagewerx I agree to the Advanced Imagewerx Terms and Conditions set out below. Advanced Imagewerx Terms and Conditions: IMPORTANT NOTICE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. Advanced Imagewerx RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE. 1. ORDER APPROVAL Customer is fully responsible for final proof and layout approval prior to the printing process. Advanced Imagewerx is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order. 2. COPYRIGHT All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Advanced Imagewerx web site and/or its subsidiaries (referred to herein as Advanced Imagewerx ) or the copyrighted property of parties from whom Advanced Imagewerx has licensed such property. The Customer (sometimes referred to for convenience as "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 the Advanced Imagewerx Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. Advanced Imagewerx policy also states that you cannot use explicit language or pornography on printed materials and merchandise. 3. CUSTOMER CONTENT All information, data, text, photographs, graphics, messages or other materials supplied by the customer ("Content") are the sole responsibility of the customer. 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 Advanced Imagewerx or any third party. Advanced Imagewerx does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Advanced Imagewerx be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that Advanced Imagewerx does not pre-screen Content, but that Advanced Imagewerx and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Advanced Imagewerx 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 terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Advanced Imagewerx , its users and the public. 4. GOVERNING LAW Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Ontario. You agree to submit to the jurisdiction of Ontario courts and agree that venue in these courts is proper in any such legal action or proceeding. 5. LIMITATION OF LIABILITY In no event shall Advanced Imagewerx or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Advanced Imagewerx has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Advanced Imagewerx or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Advanced Imagewerx be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content. Advanced Imagewerx reserves the right to refuse service without disclosing a reason. 6. INDEMNITY You agree that you shall indemnify and defend Advanced Imagewerx and all parties from whom Advanced Imagewerx has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products. 7. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS All artwork or designs and images must be provided in CMYK format. Advanced Imagewerx is not responsible for any color shift that occurs in conversions from RGB or spot colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Advanced Imagewerx is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork.
8. CUSTOMER SUPPLIED MATERIAL, MEDIA, AND MATTER
Any and all materials, articles, garments, media, or substrates supplied by the customer and received by Advanced Imagewerx for the process of printing, imprinting, or storage are fully and completely at the customer's complete and total risk. Advanced Imagewerx will not be held responsible nor be held accountable to replace or repair for the loss, deprecation, damage, destruction, theft, or misprint whether due to technical issue, operator error, or act of God of said property for any reason.
9. EXECUTIVE JOB PARAMETER ALTERATION
Advanced Imagewerx reserves the right to executively alter any and all job parameters at any time during the production process, and not necessarily with the customers consent, to accommodate process or material supply limitations, constraints, or situations whether known or unknown including but not limited to scale, colour, resolution, process, media, substrate, and graphic or image placement. Advanced Imagerwerx reserves the right to complete a job to its totality without client consent when the end result reasonably achieves sufficient quality standards and purpose for the delivery and operation of the final product that Advanced Imagewerx deems fair. The customer posits complete faith in Advanced Imagewerx in such regards and is in agreement to this arrangement without prejudice or dispute
10. COLOR PROOFING AND MATCHING
Advanced Imagewerx is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Advanced Imagewerx will try its best to match the gradient density of each color, Advanced Imagewerx is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. Advanced Imagewerx is not liable for the final color appearance of its products.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Advanced Imagewerx will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Advanced Imagewerx does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.
11. TRIMMING AND FOLDING While Advanced Imagewerx will try its best to trim and fold each job accurately as per the order specs and artwork, Advanced Imagewerx is not liable for up to 0.0625" of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions. 12. ORDER CANCELLATION Orders are eligible for cancellation upon request until the commencement of imposition, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled charges for any labor hours (proof, file adjustment, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your credit. In cases where a job is already imposed but cancellation may still be possible, a minimum cancellation charge of $25 per job is required. Once the order has been placed successfully, No Refunds are issued for file adjustment services. 13. RETURNS AND REFUNDS Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. Customer must notify Advanced Imagewerx within 3-business days of receiving an order to notify us of any defects discovered in the ordered product failing which Customer is deemed satisfied with the product. We may occasionally request that we pick up the printed material prior to issuing the reprint, credit, or refund. 14. ORDER SHIPPING AND DELIVERY Please note that all turnaround times are estimates. While Advanced Imagewerx will use reasonable efforts to prevent delay of delivery schedules, in no case shall Advanced Imagewerx be liable for any consequential or damages resulting from any delay in shipment or delivery. Orders are F.O.B. the Advanced Imagewerx store, and customer shall have recourse only to its selected courier for any shipping issues. Advanced Imagewerx shall not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances. Unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation. 15. CUSTOMER SUPPLIED INCORRECT ADDRESS When a package is returned to Advanced Imagewerx due to an error made by the customer in submitting the proper shipping address, Advanced Imagewerx will reship the package with corrected address and charge an additional shipping fee for the shipment. 16. LINKS TO THIRD PARTY SITES: The links throughout this site may let you leave Advanced Imagewerx's site. The linked sites are not under the control of Advanced Imagewerx and Advanced Imagewerx is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Advanced Imagewerx is not responsible for webcasting or any other form of transmission received from any linked site. Advanced Imagewerx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Advanced Imagewerx of the site. 17. OVERRUNS AND UNDERRUNS Overruns and underruns not to exceed 5% of quantity ordered shall constitute an acceptable delivery. 18. INDEMNIFICATION The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Advanced Imagewerx from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Advanced Imagewerx on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Advanced Imagewerx contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against Advanced Imagewerx provided that Advanced Imagewerx shall promptly notify the customer with respect thereto. 19. PAYMENT INFORMATION Advanced Imagewerx does not record, keep, or hold any credit card information on our servers, Stripe, our payment processor, is fully responsible for that. Advanced Imagewerx only records and holds basic information on jobs ordered including and limited to: customer contact info, docket number, qty, paper type and finishing, file and shipping info. 20. NON SOLICITATION Customer and/or any of its affiliates shall not, without prior written consent, directly or indirectly solicit any employee, contractor or consultant of Advanced Imagewerx and/or any of its affiliates for a period of two (2) years after last order submitted to Advanced Imagewerx. 21. DEFECTIVE PRODUCT
If an item is deemed defective and not the cause of mishandling or damage from delivery, ADVANCED IMAGEWERX will replace the item at no charge after careful inspection in light of our full terms of service. We do require the return of the item for inspection for a replacement to occur. |
