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TERMS & 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. CHINA-PRINTING.ORG.COM RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

COPYRIGHT

All material and software Copyright (C) CM Color Printing Co., Ltd. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the CMCOLORPRINTING.COM (CM) web site.

COPYRIGHTS AND TRADEMARKS

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 CM 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. CM 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 CM, are entirely responsible for all Content that you send, upload, post or otherwise 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 CM or any third party. CM does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will CM be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. 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 understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders a print item using your password, you grant CM the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for CM to complete your order or until you delete the Content from the Service. 

You acknowledge that CM does not pre-screen Content, but that CM and its designees 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 CM 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 CM, its users and the public.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format. CM 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 300 DPI and CMYK format. CM is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.

COLOR PROOFING & MATCHING

CM 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.

Application of coatings or varnishes may effect or change the appearance of the printed colors. CM is not liable for the final color appearance of a coated product.

ORDER APPROVAL

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

CM is NOT LIABLE for errors in a final product caused by any of the following reasons:

Misspelling Errors
Punctuation Errors
Grammar Errors
Graphics Orientation or Placement
Incorrect Fonts Usage
Wrong Die cuts or slits
Incorrect or Missing Folds
Finished Product Size

LIABILITY

Disclaimer of Express Warranties: The supplier warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.

Disclaimer of Implied Warranties: The supplier warrants only that the work will conform to the description contained in the purchase order. The supplier's maximum liability, whether by negligence, contract or otherwise, will not exceed the amount specified in the contract. Under no circumstances will the provider be liable for specific, inpidual or consequential damages.

INDEMNITY

You agree to indemnify and hold CM, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of the rights of a third party.

TAXES

Sales and use taxes that are presently, or may hereafter be imposed by any taxing authority, shall be payable by Customer, and are not included in the quoted sales price; any direct or excise tax which may hereafter be imposed by any taxing authority upon the manufacturer, sale or delivery of articles covered herein, or any increase in rate of any such tax now in force, shall be added to the purchase price of such articles, and shall be paid by the Customer in a timely manner. If not collected at time of payment of sale price, Customer will hold CM harmless and indemnify CM from same and any and all costs, fees or expenses, including reasonable attorney fees, associated with same.

ORDER CANCELLATION

CM will be happy to help you cancel your order prior to printing/shipping. However, if your ordered item is en route or already delivered, we are unable to cancel your order. However, orders may be eligible for cancellation upon written request via email, certified mail or facsimile. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order. Here is a brief overview of the stages of an order within our system:

Orders are placed online and verified with an email confirmation. (Orders may be cancelled and you will only be charged $39.95)
Orders are sent to our prepress department for electronic publishing processing. (25% of balance due)
Orders are plated and ready for press. (50% of balance due)
Orders are printed and finished. (100% of balance due)
Orders are picked up by the shipping firm and shipped.

All orders are cancelable between stages 1 and 2. If an order is cancelled in stage 1, CM will retain the original $39.95 billed to cover payment processing, bank charges and handling fees. But, if the order is cancelled in stage 2, 25% of the total order amount is deducted as cancellation fees to cover our prepress department expenses. After an order enters stage 3, we can still try to cancel the order but we cannot guarantee the success. However, if the order is still in stage 3, and the user wants to have it cancelled, 50% of the total order amount is deducted to cover expenses. Once an order reaches stage 4 or 5, that order cannot be cancelled.

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 will be processed.

Re-Prints 

Customer must notify CM within 5 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 99% of the received product within 30 days (at 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. No Exceptions.

ORDER SHIPPING AND DELIVERY

CM is not responsible for delays caused by fire, water strikes, theft, vandalism, war, riot, civil disorder, accidents, action of government or civil authority, acts of God and other causes beyond our control. We also assume no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Our expected delivery date is not guaranteed, although we rarely miss a due date. An order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, strikes, illnesses, etc.

CM 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.

Proof of delivery signatures are not required unless requested at the time of order.

CM reserves the right to alternate carriers as it deems necessary.

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. CM is not responsible for 3rd party shipping errors, omissions or damaged shipments.

Each ordered product is usually shipped with at a few extra pieces free of charge. It is seldom that an order shipment may have slightly fewer pieces than ordered. Printing trade standards allow for underages or overages of up to 5%. Therefore, if exact quantity is needed then we suggest that you order 10% over the quantity needed.

CUSTOMER SUPPLIED INCORRECT ADDRESS INFORMATION

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, CM will reship the package with corrected address and charge an additional shipping fee for the shipment.

GOVERNING LAW & DISPUTE RESOLUTION

The rights of Customer and CM hereto, and the construction and effect of the resulting agreement, shall be governed by the laws of the State of Ohio, and all matters pertaining to said agreement shall be brought exclusively in Lake County, Ohio and shall be settled by private arbitration or in accordance with the arbitration rules of the Lake County Court of Common Pleas, provided the discovery as provided for under the Ohio Rules of Civil Procedure shall be available to all parties to the arbitration. This agreement to arbitrate shall be specifically enforceable and the arbitratin award shall be final as to the parties and issues encompassed and judgment may be entered on the award in any court of competent jurisdiction in the State of Ohio. Any issues as to the validity of the arbitration clause will be determined by arbitration.