TERMS AND CONDITIONS
Service is provided by Creative Color Graphics, Inc.
Terms and Conditions of Order (updated 03/26/09)
The fees for CCG products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable according to your normal credit terms.
Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which CCG deems acceptable), ACH or wire transfer. Unfortunately, CCG can no longer accept any other forms of payment from or extend credit terms to customers who are located outside the United States.
Sales Tax Policy
CCG is required to collect sales tax on purchases shipped to Pennsylvania. If your order qualifies for sales tax exemption in accordance with Pennsylvania Sales & Use Tax Regulations you must provide CCG with a Valid Pennsylvania Resale Certificate. CCG requires that resale certificates be provided at the time of order via mail or faxed to (215) 538-9533.
2. Refunds & Cancellation
Refunds due to cancellation will be issued based on the current status as outlined in “EXPLANTION OF JOB STATUS”. CCG reserves the right to charge for portions of the order that are already completed. Partial refunds may be given at the discretion of CCG.
3. Production Time & Delivery
Our normal production time is 7-10 business days. If you require your order sooner, please note it at the time of order placement. Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For CCG observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. CCG is not liable for damage caused by any service carrier. Carrier claims are limited to $100. CCG accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from CCG's facility within 30 days, it will be billed to the customer.
4. Indemnification, Damages
You agree to indemnify and hold CCG and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by CCG. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of CCG, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to CCG for its products and services. In no event will CCG be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by CCG. You hereby waive any Statute of Limitations to the contrary.
5. Ownership & Limited Use
By placing an order with CCG, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with CCG and; (ii) are authorizing CCG to print such order on your behalf. Any images/graphics, text or other materials supplied to CCG by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to CCG. However, any additional materials created by CCG in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of CCG. Digital files of an CCG assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. CCG reserves the right to reprint and distribute your finished product as example of a CCG printed product for any and all promotional purposes. This promotional distribution may include but is not limited to CCG's collateral marketing materials, website, affiliates' websites, affiliate programs, CCG catalogs, catalogs of others, emails, and any other marketing in any medium that CCG may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to CCG at the following address: 351 West Broad Street, Quakertown, PA 18951, or by email to the following address: email@example.com.
6. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CCG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CCG without our express written consent. You may not use any meta tags or any other "hidden text" utilizing CCG's name or trademarks without the express written consent of CCG. Any unauthorized use terminates the license granted by CCG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ccgprint.com so long as the link does not portray CCG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CCG logo or other proprietary graphic or trademark as part of the link without express written permission.
7. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any CCG employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
8. Usage and Monitoring
CCG does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CCG does sell products for children. If you are under 18, you may use ccgprint.com only with involvement of a parent or guardian. CCG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While CCG has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, CCG reserves the right to delete and take other appropriate action with respect to such messages, information or files with which CCG, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify CCG for all claims resulting from content you supply. CCG respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your printed product.
9. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of CCG or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. CCG and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
10. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. CCG has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. CCG is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. CCG reserves the right to terminate any link at any time.
All items purchased from CCG are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
12. Disclaimer and Limitation of Damages
(a) CCG is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, CCG makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will CCG, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. CCG reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither CCG nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold CCG and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
14. Applicable Laws
CCG operates the Site from its offices in Pennsylvania and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject CCG to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Pennsylvania as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Philadelphia, Pennsylvania and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in Philadelphia, Pennsylvania. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to CCG or any of its officers, employees, agents or representatives, such as where notice to CCG is required by contract, or any federal, state or local laws, rules or regulations.
All proofs for advertising will be approved by the customer before printing. Customer will not hold Creative Color Graphics, Inc responsible for any printing or typographical errors, or in the event of problems beyond the control of Creative Color Graphics, Inc. Payment is due at time of order for all ad submissions.