PrintPower.com

Terms of Use & Conditions

Updated: March 8, 2010

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

These Terms of Use & Conditions (the "Agreement") contain the terms, covenants, conditions and provisions (the "Terms and Conditions") upon which you can access and use the printpower.com website (the "Site") or any of the products or services available through the Site. The terms "we," "our," and "us," refer to Prisma Graphic Corporation, d/b/a printpower.com ("PGC"), the owner and administrator of the Site, and its officers, directors, employees, licensors, suppliers, vendors, content providers, partners, staff, affiliates, agents and representatives (collectively, the "Affiliated Parties"). You may be referred to as "you," "customer," or "user" in this Agreement.

BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU AVOID USING THE SITE OR ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THIS SITE.

We reserve the right, at our sole discretion, to modify these Terms of Use & Conditions at any time and to notify users of any such changes solely by changing these Terms of Use & Conditions. Any such changes shall become effective immediately upon posting on the Site. Therefore, you should review the Terms and Conditions periodically. Your continued use of the Site following the posting of any changes shall constitute your acceptance of the revised Terms and Conditions.

Before submitting a job, please read our Frequently Asked Questions section to ensure your digital file adheres to our standard guidelines. By following the guidelines outlined, you will receive the quickest turnaround and maximum quality for your printed product. In addition, by placing an order, you are bound by and agree to our Store Policies.

Please keep in mind turnaround times are approximated and time delays may occur if you neglect to follow the file guidelines outlined in our FAQ's.

If you have any questions regarding sizing, color mode, resolution, bleed or trim area, please download the appropriate file from our Templates section. Please contact us at 1-866-544-5777, should you have any further questions regarding your order, technical specifications or need clarification.

Color Reproduction Details

Gang-Run Printing refers to the process of supplying customers with affordable offset color printing. By utilizing "gang-running" we combine your short-run jobs with others that have similar requirements. This printing method allows us to spread out the start-up production costs over several jobs, greatly reducing the costs for each customer included. All work is carried out by skilled professionals on state-of-the-art equipment to assure designer-quality products are shipped for competitive on-line prices.

Gang Run Print Limitations

Due to the limitations of the Gang-Run printing process, as well as associated image ink requirements, the accuracy of color reproduction is not guaranteed. By placing and order through this Site you agree to this limitation. We are unable to accept responsibility for color variations between submitted files and the final printed products. Under no circumstances can we honor a reprint for color variations that may occur during the print process.

We will show you an online proof of your job shortly after receiving it in our production department, although actual time will vary depending on our current workload. No job can be produced without your proof approval, so please reply as quickly as possible. Please note that an online proof is by no means an accurate color reproduction of your final printed piece; simply provides a final opportunity for you to check the layout, bleeds, crops and final content.

If you decide that you need to submit new files, after we have shown you an online proof, you can do so by replying to the email we sent to you with your proofs. You will be instructed on how to re-upload your files.

Due to the labor required for preparing application files, a $25 fee will be assessed each time you submit new artwork; corrupt or unsuitable (for high-quality offset printing) files excluded.

After files are submitted and you have approved a proof, we assume all edits are finalized, the copy has been carefully proofread and all design issues resolved. We are unable to take responsibility for any copy or design errors you committed.

Service Refusal and Termination

By submitting a print job, you represent and warrant that you have all necessary rights in and to such a print job; that such print job shall not infringe any intellectual property, proprietary or other rights of third party; and that such print job does not contain any viruses, or other contaminating or destructive devices or features. We reserve the right to refuse service to, or terminate the order of any customer, for any reason, including, but not limited to offensive, unlawful, obscene, malicious or otherwise objectionable material. By submitting a print job, you agree to defend, indemnify and hold PGC and the Affiliated Parties harmless from and against any breach or alleged breach of any of our representations, warranties or undertakings hereunder.

Delivery Timing

Standard-A (formerly 3rd Class) Mail offers the most economical alternative for delivery of your direct mail piece, but delivery times may be longer than First Class service; this information should help in planning a realistic schedule.

Please note: Standard mailings can have large variations in delivery times due to the time of year and volume of mail. For instance, Standard Rate may take considerably longer at peak (holiday) mailing periods. We assume no responsibility for delays caused by US Postal Service or any damages resulting from the failure to receive a job on time. The expected delivery date is never guaranteed by the US Postal Service or by PGC.

If you are mailing a time dated piece, be sure to include requested delivery date when placing your order.

Services and Conditions of Use

As part of our service, we may provide you with information and other services that we may decide to offer, subject to the terms of this Agreement. Upon notice published through the Site, we may modify this Agreement at any time. You agree and continue to agree to use the Site and our services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions set out in this Agreement.

Any original media (discs, pictures, slides, proofs, images, graphic files, printed pieces, etc.) become the property of PGC and can be used in any and all promotional pieces used by PCG, including but not limited to website images and sample product pieces.

Website Usage

You may not use any automated means to access the Site or collect any information from the Site (including, without limitation, agents, robots, spiders or scripts), frame the Site, utilize framing techniques to enclose any proprietary information or material, place pop-up windows over the SiteÍs pages, or otherwise affect the display of any web pages on the Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping" and any other activity intended to collect, store, reorganize or manipulate the information contained in the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, interfere with any other party's use of the Site, or otherwise undermine the integrity of the Site.

Site Not For Resale

You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Editing, Deleting and Modifying

We reserve the right in our sole discretion and for any reason to suspend, discontinue, edit or delete any documents, information, products, services, or other content appearing on or available through the Site.

Copyright

The Site is fully protected by all applicable copyright laws. The content, organization, design, text, compilations, images, photographs, illustrations, artwork, or other graphics and graphic material, audio, video, domain name, HTML and other code, and any other copyrightable elements, as well as the selection and arrangement thereof, and other materials related to the Site (collectively, the "Content and Materials") are protected under applicable copyright laws. You may not modify or alter the Content and Materials or any portion thereof. You may not copy, publish, transmit, distribute or create derivative works based upon the Content and Materials or any portion thereof, nor may you post the Content and Materials or any portion thereof on any website, network, computer or broadcast media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, or use the content for personal, public or commercial purposes without written permission from an authorized representative of PGC. It is also strictly prohibited to download any text images or other content appearing on the Site. You may not reproduce, publish, transmit, distribute, display, modify, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content and/or Materials of the website or any related intellectual property.

WARRANTY DISCLAIMER

THE SITE AND ITS CONTENT AND MATERIALS, AND THE PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

LIABILITY DISCLAIMER

IN NO EVENT SHALL PGC OR THE AFFILIATED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OR DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, THE PERFORMANCE OF THE SITE, OR OF FAILURE TO PROVIDE SERVICES THAT YOU ORDER FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PGC OR THE AFFILIATED PARTIES BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR THE CONTENT AND MATERIALS.

LIABILITY AND WARRANTY LIMITATIONS

CUSTOMER AGREES THAT USE OF THE SITE AND ANY SERVICE PROVIDED THROUGH THE SITE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SITE OR SERVICES. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT PGC AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY CUSTOMER OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER PGC NOR THE AFFILIATED PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR ANY SERVICE PROVIDED THROUGH THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND MATERIALS ON THE SITE AND ANY PRODUCTS OR SERVICES PROVIDED OR OFFERED THROUGH THE SITE.

IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED THE AMOUNT ACTUALLY PAID TO US, IF ANY, FOR OR THROUGH USE OF THE SITE.

Trademarks

All trademarks/service marks appearing on the Site are trademarks/service marks of the owner.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

Miscellaneous Provisions

You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Sites. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in Arizona and you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the warranty and liability disclaimers and limitations set forth in this Agreement. The section titles in this Agreement are for convenience only. You may not transfer any rights or obligations you may have under this Agreement. This Agreement, or any right or obligation hereunder, is freely transferable by us. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their permitted successors and assigns. This Agreement may be terminated by either party for any reason at any time. However, you agree that the foregoing Terms and Conditions shall survive any termination of this Agreement or your rights of access to the Site.