Revision Date: January 1, 2012
USE OF THE SITE
Welcome to the website of Printems.com® – where you can order products, mailing or design services: www.Printems.com® (the “Site”). Printems.com® is committed to providing a pleasant website experience and maintaining the privacy and rights of those who visit the Site.
We provide our Site, platforms, tools, and related services (together, the "Platform") to you, subject to these Site Terms and Conditions (the “Terms”). Your limited permission to use and access this Site is immediately and automatically revoked if you violate any of the Terms set forth herein. Printems.com® reserves all rights not otherwise expressly granted herein.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Printems.com® OFFERS YOU ACCESS TO OUR PLATFORM:
We may update the Terms at any time and revisions will become effective immediately. When we do, we will revise the "Revision Date" at the top of these Terms, and you may view the most recent version at www.Printems.com®/page/termsconditions. It is your responsibility to review the most recent version of the Terms frequently and remain informed about any changes. By continuing to use the Platform, you consent to any updates to these Terms. This version of the Terms supersedes all earlier versions, and comprises the entire agreement between you and Printems.com® regarding the use of the Platform. By accessing or using the Platform, you accept these Terms and any modifications that we may make to these Terms from time to time. If you do not agree to any provision of these Terms, you should not use the Platform.
1. PLATFORM Our Platform provides our users with a variety of resources to design, create, and order printed materials (the “Print Materials”).
1.1. Compliance with Laws. By using the Platform, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform.
1.2. Eligibility. Since payment is required in the form of a credit card, our Platform is available to all individuals who are at least 18 years of age, or minors using the Platform with permission of a parent or legal guardian. By logging in to order Print Materials from our Platform, you represent and warrant that you are at least 18 years of age or otherwise acting with permission in placing an order for Print Materials.
1.3. Right of Termination. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform. Our Platform is not available to any temporarily or indefinitely suspended Printems.com® users.
2. ORDERS Our Platform provides a unique and user-friendly experience to meet your printing project needs. Our customer service team is here to walk you through any questions you have about the process, but here are some terms relating to your order, as a “Customer”:
2.1. When ordering printed product(s), first you submit your order with print-ready files. We will send your proof based on which method you choose. Once we receive written approval we will start production and ship it within the specified turnaround time.
2.2. Content. Printems.com® reserves the right to use its sole discretion in refusing to print anything it deems improper, obscene, objectionable or known to be illegal. Printems.com® is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names. The Customer guarantees the legal title of all matter submitted to Printems.com® for printing.
2.3. Electronic Files. It is the Customer’s responsibility to maintain a copy of the original computer files and artwork. Printems.com® is not responsible for accidental loss or damage to media supplied by the Customer, or for errors on supplied artwork furnished by the Customer. Until Printems.com® can evaluate digital input, no Claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional editing needed to utilize Customer-supplied files will be charged at our current rates.
2.4. Corrections. Customer alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current rates.
2.5. Proofing. Because of differences in monitors, proofing equipment, presses, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the complete job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance. It is highly recommended that a hard copy proof is ordered. A PDF proof will predict design layout, text accuracy, image proportion and placement but not color, density, or low resolution images.
2.6. Overruns/Underruns. Printems.com® will normally deliver the exact quantity of good ordered plus a small additional amount of overs. There is no extra charge for any overs or credits for unders (shortage less than 3%). The generally accepted trade practice is plus or minus 10%. If you must have a guaranteed number of pieces (such as for a mailing) Printems.com® strongly suggest that you order a sufficient amount of pieces to allow for the waste that occurs during the inkjet/laser mailing process.
3. Mailing Services. In the event that you engage Printems.com® to mail a job for you, the following terms apply to the rendering of those services.
3.1. Postage Payment Deadline. To allow sufficient time for deposit with the U.S. Postal Service, when you use our mailing permit number we require that all bank checks or wire transfer payment be in our possession three days before your mail date. Postage paid by credit card will be charged an extra 3.5%.
3.2. Proof of delivery. Proof of delivery shall be a copy of form 3602 of the United States Postal Service (USPS). Since your job is delivered to the post office, and not to you directly, you agree that the USPS is acting as your agent for purposes of proof of delivery and that their official form 3602 shall be treated as if you personally accepted delivery of said job.
3.3. Deliverability Guarantee. When Printems.com® provides a Mailing List for your direct mail marketing campaign, Printems.com® offers a deliverability guarantee of 90% on Business to Consumer lists and 85% on Business to Business lists, if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to, contact names and/or any other demographic.
4. Turnaround Times. Turnaround time begins once your print-ready files have been uploaded, and proof has been approved for printing. Files that are not submitted properly will not begin production until they are corrected and resubmitted. Orders will not begin production until Printems.com® receives a written proof approval.
Turnaround times are estimates and are not guaranteed. Based on the product you are ordering, you may choose from our standard turnaround or rush turnaround. All estimates are based on “business days” and do not include weekends or holidays. Turnaround times do not include the time required to ship your product. If for some reason Printems.com® is unable to meet your rush turnaround deadline, Printems.com® will credit you for the additional monies you spent for faster service (if any), but you will still be charged for the entire order, less the rush fee (if any). Under no circumstances shall you be entitled to a refund, credit or any other consideration.
5. Delivery. You will have the option to have your Print Materials mailed directly to you, or to utilize Printems.com® to mailing Print Materials out in bulk or according to mailing lists you may provide, at an extra cost, according to the terms herein.
5.1. Title Transfer. Title for finished work passes to the Customer upon delivery to the carrier at shipping point. Customers that refuse (or are unable) to accept delivery of their product will not be entitled to any refunds, credit or compensation of any kind.
5.2. Delivery Responsibility. Customer acknowledges that once your job leaves our facility, Printems.com® is in no way responsible for the delivery of your mail. Any Claims for failure of mail to reach its intended destination, tardiness or mail delivery, etc. shall not be considered and no compensation of any type will be offered.
5.3. Damage During Shipping. Printems.com® is not responsible for delays and/or damage incurred during shipping.
6. Payment. All orders must be prepaid by credit card at time of purchase to accommodate fast turnaround times. Prices posted on this website are subject to change without notice. Written estimates are good for 30 days.
6.1. Chargebacks. In the event of a credit card chargeback, Printems.com® reserves the right to pursue for payment both you and any company or individual for whom the work was performed.
6.2. Sales Tax. Printems.com® charges sales tax to orders picked up or shipped to an address within the State of Maine unless you are tax exempt. If you are tax exempt, you need to send us your tax exempt certificate at the time of your order.
7. Completion of Work.
7.1. Right to Subcontract. Printems.com® shall have the right to assign any portion of the work required to another contractor.
7.2.Workmanship Guarantee. Because of the nature of offset printing, on rare occasions the following may occur: variation in color, offset (smudges), cutting variations, marking, picking, etc. While every effort will be made to satisfy our Customer’s needs, requests for reprint or credits based on quality issues will not be recognized.
8. Cancellations and Refunds. All sales are final. Once an order is placed with Printems.com®, Customer is responsible for full payment for the Print Materials and associated services, taxes and fees.
8.1. Cancellation. A Customer may cancel their order anytime prior to approving the proof. All proof approvals must be done in written form. A minimum processing fee of $30 will be applied to any cancellation once we’ve started working on the files.
8.2. Refunds & Credits. Likewise, Customers that refuse to accept delivery of their product will not be entitled to any refunds, credits or compensation of any kind. Customers making claims as set forth herein may be issued a credit against future orders, but in no case shall Printems.com® issue a refund or offer anything other than a credit against future orders or exact reprint of original order. Under no circumstances shall postage be credited or refunded.
9. Acceptance & Claims. Claims for defects, damages or shortages must be made by the Customer in writing no later than 48 hours after delivery. If no such Claim is made, Printems.com® and the Customer will understand that the job has been accepted. By accepting the job, the Customer acknowledges that Printems.com® performance has fully satisfied all terms, conditions and specifications.
Any Claim is limited to the reprint of the original order quantity and does not cover any damage or Claims incurred by you or your business if you receive printed materials which are defective, incomplete, or delivered later than your estimated delivery date. Printems.com® reserves the exclusive right to judge what a manufacturing error or defect is.
10. Limitation on Liability. You agree that in no event shall Printems.com® be liable 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 Printems.com® has been advised of the possibility of such damages), arising out of or in connection with our Platform, your order of Print Materials, enforcement of these Terms or the inability to use our Platform (however arising, including negligence). Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of the payment if any, you have made to Printems.com® in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
10.1. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section may not apply to you.
11. Disclaimer of Warranties.
11.1. Printems.com® provides no warranty of any kind that a logo or design created by use of this site or by engaging services of our design team will not infringe upon or be subject to the claim of infringement upon any trademark or other rights of another party.
Disclaimer of Warranties.YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. OUR PLATFORM IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RELATION TO THE PLATFORM AND PRINT MATERIALS ORDERED THROUGH THE PLATFORM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OUR PLATFORM. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY OUR PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH OUR PLATFORM. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that
12. Content Restrictions. In consideration of your use of our Platform, you agree that any information, data, designs, or content uploaded to the Platform: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
13. Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform and place orders for Print Materials and services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Printems.com® cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
14. Proprietary Rights.Printems.com® owns the intellectual property rights in its trademarks, service marks, logos, designs, patents, trade dress, trade secrets, copyrights, and other intangible property set forth. All content contained on the Site and Platform (other than Customer information uploaded while using services or placing orders) is the property of Printems.com® or is licensed to Printems.com®, and is protected by state, federal, and international law, including, without limitation, United States copyright, patent, and trademark laws, as well as by licensing agreements or other proprietary rights. Any permitted download or reproduction of Site content: (1) must retain all accompanying copyright, trademark, patent, and other proprietary notices; and (2) must not be modified in any way. Title to our intellectual property, this Site, and the Platform remains with Printems.com® or its licensors, and all rights not expressly granted are reserved.
14.1. Trademarks. The trademarks (including, without limitation, Printems.com®, PRINTEMS, and www.Printems.com®, and related service marks, logos, designs, trade dress, and other proprietary marks of Printems.com® or its affiliated companies, licensors, and partners, are the intellectual property of Printems.com® (the “Marks”). No use of the Marks shown or disclosed on this Site or Platform may be made without the prior written authorization of Printems.com®, except to identify the services of Printems.com®. These Terms do not grant you any right, title, or interest in these Marks. If you wish to request written permission to use any of the Marks or content in a manner that is not expressly authorized herein, or to file a notice of claim of copyright infringement on or regarding this Website, please contact us at the address set forth herein.
14.2. Digital Millennium Copyright Act Notice. Printems.com® respects the intellectual property rights of others. Printems.com® may, in appropriate circumstances and at its sole discretion, terminate the access of Customers or users who infringe the copyright or intellectual property rights of others. If you believe that your work has been copied and is accessible at this Site or within the Platform in a way that constitutes copyright infringement, or that certain content contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing us (at the address set forth herein) with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (the “Digital Millennium Copyright Act”), 17 U.S.C. § 512, et seq.
15. Links. Printems.com® understands the importance for clarifying how links will interact with the Platform and Site.
15.1. Outbound Links. Printems.com®, Customers, or third parties may provide links to other websites or resources through the Platform. Printems.com® is not responsible for the terms and conditions, or privacy practices of such other sites. Users are encouraged to be aware when they leave the Platform and to read the terms and conditions or privacy statements of each and every website that collects personally identifiable information.
15.2. Inbound Links for User Content. Printems.com® permits third parties to display on a personal website or on a personal social media profile or platform, individual links to content on the Platform, so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms.
15.3. Right of Revocation. Printems.com® reserves the right to revoke any granted rights in relation to the display of links to the Site or Platform at any time. If KARMAMBO revokes this license, you agree to immediately remove all links and references to this Site as required.
16. Indemnification. The Customer represents that it has the legal right to produce all printed materials ordered from Printems.com®. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against Printems.com® based upon, relating to, or arising from the alleged wrongful acts of the Customers, or alleging that the printing performed or product produced by Printems.com® ordered by the Customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the Customer shall indemnify and hold Printems.com® harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation: (1.) defending Printems.com® against any such Claim (2.) paying any judgment or award against the Customer and (3.) reimbursing Printems.com® for any legal fees and expenses it reasonably incurs in responding.
17. General Terms. This Site was created and is operated under the laws of the State of Maine. The laws of the State of Maine and the federal laws of the United States will exclusively govern, without giving effect to any conflicts of laws principles. You agree that the only proper venue for any dispute will be the state courts of the State of Maine or the United States District Court for the District of Maine, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any dispute between us or relating in any way to this Site or the Site Content. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any legal claim or cause of action arising out of or related to use of the Platform must be filed within one (1) year after such. No extension of time, or inaction for enforcement of the Terms by Printems.com® shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Printems.com® in terms hereof, unless Printems.com® has signed a written document expressly waiving or limiting such rights. Printems.com® retains the right to cede, assign, and delegate all or any of its rights and obligations under these Terms, to any third party.
18. Contact Us. For questions, notices & requests relating to the Platform and/or these Terms, or notices regarding same, please use the following contact information:
2066 Main Street
Sanford, ME 04073