PhotoCrisp Terms and Conditions: 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. PhotoCrisp RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE. ACCEPTANCE By indicating you are ready to print, you assume 100% responsibility, including that you have verified that color, spelling, content, and layout are correct and understand that my document will print EXACTLY as it appears here. I cannot make any changes once I give my okay to print and I assume all responsibility for all errors. I understand that I cannot make any more changes once my order is given my okay to print and that I assume all responsibility for errors. Finally, should a typo appear that was not in your submitted information, you accept responsibility for not finding this when proofing. ORDER CANCELLATION PhotoCrisp will be happy to cancel your order. However, once we have sent a proof, a $15 cancellation fee will apply. Our Customer Service Team will inform you of any additional cancellation charges depending on the stage of the order. Once the order has been placed successfully, No Refunds are issued for the Logo, graphic design services, and other miscellaneous services. ORDER APPROVAL Customer is fully responsible for final proof and layout approval prior to the printing process. PhotoCrisp 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 BROKER NON-PAYMENT Should your broker, employer, or other entity not pay our invoice, we will invoice the recipient of the order for the full amount owed.. REPRINTS The $35 reprint special applies only to those orders not requiring any changes. SPECIALS PhotoCrisp reserves the right to make changes to its specials, pricing, and the like, at any time without notice. ORDER COMMUNICATION PhotoCrisp ensures you stay informed by contacting each order via email and telephone. We will send communiques' to your two (2) preferred email accounts (generally your company account and favorite personal account). We will also call your cell phone daily to remind you we have your order pending. Other communiques' may be sent periodically regarding specials, FREE products, and the like. You may elect to opt out from receiving communique's at any time. Placing your order accepts the above order communication methods. Further, you agree that these communication methods are not spam or in violation of Federal, State, or other laws. If you do not want to be contacted, PhotoCrisp will stop. However, should you choose to opt out, PhotoCrisp will immediately remove you from emailing, phone-calling, or other means, errs and continues to contact you by emailing, phone-calling, or other means, you will not consider this a violation of law. PhotoCrisp will make every reasonable means to remove you from whichever communication you elect to be removed including emailing, phone, postal, and the like. COPYRIGHT All material and software Copyright (c) 2008 twunc Apparel." DBA PhotoCrisp" All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the PhotoCrisp web site and/or its subsidiaries (referred to herein as PhotoCrisp) or the copyrighted property of parties from whom PhotoCrisp has licensed such property. 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 PhotoCrisp 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. PhotoCrisp policy also states that you cannot use explicit language or pornography on printed materials and merchandise. CUSTOMER CONTENT You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not PhotoCrisp, are entirely responsible for all Content that you use from PhotoCrisp Gallery or send, upload, post or transmit via the Service. 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 the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of 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 PhotoCrisp or any third party. PhotoCrisp does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will PhotoCrisp 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 PhotoCrisp does not pre-screen Content, but that PhotoCrisp 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 PhotoCrisp 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 PhotoCrisp, its users and the public. GOVERNING LAW PhotoCrisp is based in Scottsdale, Arizona and all transactions take place on PhotoCrisp's servers located in Scottsdale, Arizona. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Scottsdale, Arizona. You agree to submit to the jurisdiction of Scottsdale, Arizona courts and agree that venue in these courts is proper in any such legal action or proceeding. LIMITATION OF LIABILITY In no event shall PhotoCrisp 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 PhotoCrisp 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 PhotoCrisp or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall PhotoCrisp 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. INDEMNITY You agree that you shall indemnify and defend PhotoCrisp and all parties from whom PhotoCrisp 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. DESIGNING FILES PhotoCrisp does not provide any design files. CUSTOMER SUBMITTED ARTWORK OR GRAPHICS All artwork or designs and images must be provided in CMYK format. PhotoCrisp is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 355 DPI and CMYK color mode. PhotoCrisp is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork. Additional fees may apply for the files larger than 30MB. COLOR PROOFING & MATCHING PhotoCrisp 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. PhotoCrisp will try it's best to match the gradient density of each color, PhotoCrisp is not liable for the final appearance of a color. Important : Gang-run printing is multiple (and different) customer jobs that are combined on a large print sheet, and run at the same time. For example, we layout 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards . Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color, offset job among 65 customers. Application of UV Coating may effect or change the appearance of the printed colors. PhotoCrisp is not liable for the final color appearance of a UV product/s. ADDITIONAL PHOTOS PhotoCrisp will be happy to silhouette one (1) photo FREE with each $55 order. Additional silhouetting will be subject to additional charges of $10 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 re-print the order. No Refunds or Credit. Customer must notify PhotoCrisp within 6 business days of receiving an order of any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken. All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. ORDER SHIPPING AND DELIVERY PhotoCrisp will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall PhotoCrisp be liable for any consequential or damages resulting from any delay in shipment or delivery. All PhotoCrisp customers agree not to hold PhotoCrisp liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond PhotoCrisp's direct control. PhotoCrisp shipment and delivery dates are calculated based upon estimates provided by our suppliers. PhotoCrisp will always act to make sure that delivery schedules are met. However, 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. SHIPPING ERRORS & LOST PACKAGES Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. PhotoCrisp is not responsible for 3rd party shipping errors, omissions or damaged shipments. CUSTOMER SUPPLIED INCORRECT ADDRESS When a package is not delivered due to an error made by the customer in submitting the proper shipping address, PhotoCrisp will reship the package with corrected address and charge an additional shipping fee for the shipment. We reserve the right to refuse service without disclosing a reason.