After Dark Grafx, Inc. Printing terms

After Dark Grafx, Inc. PRINTING 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 AND DO NOT PLACE A PRINITNG ORDER. AFTER DARK GRAFX, INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process.

AFTER DARK GRAFX, INC. 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 INDEMNITY

By submitting the above document to AFTER DARK GRAFX, INC. "I agree to the following terms". 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 cannot make any changes once my order is placed and that I assume all responsibility for typographical errors.

All material and software Copyright (c) 2005 AFTER DARK GRAFX, INC. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the AFTER DARK GRAFX, INC. web site and/or its subsidiaries (referred to herein as AFTER DARK GRAFX, INC.) or the copyrighted property of parties from whom AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC. 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. AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC., are entirely responsible for all Content that you use from AFTER DARK GRAFX, INC. design services or 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 AFTER DARK GRAFX, INC. or any third party. AFTER DARK GRAFX, INC. does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will AFTER DARK GRAFX, INC. 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, if applicable. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that AFTER DARK GRAFX, INC. does not pre-screen Content, but that AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC., its users and the public.

GOVERNING LAW

AFTER DARK GRAFX, INC. is based in San Diego, California and all transactions take place on AFTER DARK GRAFX, INC. servers. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in San Diego, CA. You agree to submit to the jurisdiction of San Diego, CA courts and agree that venue in these courts is proper in any such legal action or proceeding.

LIMITATION OF LIABILITY

In no event shall AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC. 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 AFTER DARK GRAFX, INC. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall GotPrint 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.

INDEMINITY

You agree that you shall indemnify and defend AFTER DARK GRAFX, INC. and all parties from whom AFTER DARK GRAFX, INC. 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

AFTER DARK GRAFX, INC. does not provide any design files unless otherwise requested and payment is made in full.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format. AFTER DARK GRAFX, INC. 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 350 DPI and CMYK color mode. GotPrint 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

AFTER DARK GRAFX, INC. 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.

AFTER DARK GRAFX, INC. will try it's best to match the gradient density of each color , AFTER DARK GRAFX, INC. is not liable for the final appearance of a color. Important : Gang-run printing is multiple (and different) customer jobs 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.AFTER DARK GRAFX, INC. is not liable for the final color appearance of a UV product/s.

ORDER CANCELLATION

AFTER DARK GRAFX, INC. will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 ( 15%-30% of total transaction ) Once the order has been placed successfully, No Refunds are issued for the Logo, and Graphic design services.

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 AFTER DARK GRAFX, INC. within 3 business days of order acceptance to notify 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

AFTER DARK GRAFX, INC. will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall AFTER DARK GRAFX, INC. be liable for any consequential or damages resulting from any delay in shipment or delivery.

All AFTER DARK GRAFX, INC. customers agree not to hold AFTER DARK GRAFX, INC. liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond AFTER DARK GRAFX, INC. direct control. AFTER DARK GRAFX, INC. shipment and delivery dates are calculated based upon estimates provided by our suppliers.

AFTER DARK GRAFX, INC.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. AFTER DARK GRAFX, INC. 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, AFTER DARK GRAFX, INC. 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.

PRINT NAME:________________________________________

SIGNATURE:_________________________________________

DATE:_____________________________

Fax to our office at 619-702-7907

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