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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE.
All users of this site agree that access to and
use of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do
not use this site.
Agreement of Terms and
Conditions
Welcome to StormMediaPrint.com. This Web site is provided by Storm Media
Inc. Storm Media is referred to throughout this Web site as Storm
Media or secure.Storm Media.com as a service to our customers. Please review the
following basic rules that govern your use of the StormMediaPrint.com site. All services provided by Storm Media are subject to Terms and Conditions of use. By viewing or using this
website, yourself and the entity you represent (collectively hereinafter
referred to as "you") agree to be bound by all the Terms and Conditions as
stated below without modification. If for any reason you do not agree with the
Terms and Conditions as stated below, please do not access this site.
*Please
note that no work will proceed on any print job in your order until full
payment is received by Storm
Media.
Storm Media reserves the right to change the
Terms and Conditions at any time and these
changes or additions become effective immediately as they become available on
the website Storm Media.com. Storm Media does not assume the obligation to
notify you of any changes to the Terms and Conditions. You are responsible for
reviewing the Terms and Conditions for any changes and continued use of this
site constitutes your consent to these changes.
Scheduled
Payment
All
prices and amounts shown on this Site are in U.S. Dollars (USD), unless
otherwise noted. If a User submits a request on the Site to purchase printing
products, mailing services, design services or other services, the User agrees
that all charges, taxes and shipping/handling fees will automatically be
charged to the credit card or paid by User with an approved payment method.
Such amounts will be posted on this Site.
Once
customer has approved the job and “Print Ready” which is ready to move to print production a approved print job, no changes are
allowed to the artwork files, job characteristics, or printing turnaround time.
After a print job has been sent to Storm Media prepress department, the
customer is responsible for paying the entire amount of that print job along
with applicable taxes and shipping/handling fees, unless otherwise noted. In
some cases, a refund may be extended to the customer if no work has been done
by Storm Media on that print job.
Please note
that no work will proceed on any print job in your order until full payment is
received by Storm Media.
Methods
of Payment
All
purchase requests must be submitted with an approved payment method unless
otherwise expressly stated. Approved payment methods include any of the
following methods:
Pay by
credit card safe and simple way.. Our secure server scrambles your payment data
so that only our computers can decode it.
Pre-pay, cash or check. After you're done, we will instruct you on how to
submit cash or mail your check to us.
Pay
on account. On account or purchase orders are available ONLY to government and
educational institutions unless otherwise stated.
A
$50.00 returned check fee will be assessed on any failed Telecheck
transactions.
Shipping
& Shipment Loss
Storm Media will always strive to avoid any delays in production or shipping.Storm Media will not be held responsible for
any consequences or damages due to delayed production or delivery.(Unless you choose
Pick Up or Mailing Services, you need to select one
of the shipping options presented to you on the Site.)When choosing a shipping option,
please remember that the estimated
shipping transit time is based on the number of business days in transit and
does not include weekends; holidays or the day the package is picked up for
shipping. Shipping transit times vary, and Storm Media assumes no
responsibility for delays caused by shipping carriers, weather or any damages
resulting from the failure to receive a job on time. Your order may arrive late
due to unforeseen delays in delivery service, the breakdown of equipment,
illness, etc.In the
case that a customer supplies the wrong
address causing a package not to be delivered on time, Storm Media will reship
the package (to the corrected address) with an additional shipping fee for the
re-shipment.
Pick Up
orders will be held for 30 days at our facility. After 30 days, we will recycle
your order.
Refund
and Returns
All
sales are final, unless otherwise noted. Customer orders have no re-sale value therefore No refunds are given once Storm Media
begins working on your order, which means Storm Media has
received your necessary
materials (i.e., digital files and payment) and started work on your job (i.e.,
your job is in production).The cost of
labor hours (proof, graphics design, etc.), and
administrative fees (credit cards fees, etc.) will be subtracted from the total
refund. There will be NO REFUNDS issued for Logo and Graphic design services
once AN ORDER HAS BEEN PLACED SUCCESSFULLY.
In
some cases, a partial or full refund may be extended to the customer if no work
has been completed by Storm Media for a specific order. Please note that
such refund would be adjusted to cover any fees charged for proofs or other
services associated with that order.
In some
cases, an order may be voided the same day the order was placed as long as no
work has been completed by Storm Media for that
order.
If the
error is verifiably due to Storm Media, we will re-print the order at our
cost. Any defect/s discovered in your shipment must be reported to Storm Media within 10 days of your order's receipt. To
qualify for a free
replacement order, you must return your entire product (at your own expense)
within 15 days from the time THE product was delivered.All
Charges related to expedited orders (rush
printing or shipping) are non refundable unless ups fails delivery or delivers
damaged product. There will be a 15% charge to all changes to an order
resulting in a credit or cancellation.
Indemnity
You
the "client" agree to indemnify, defend and
hold Storm Media, its officers, directors,
employees, agents, and their licensors and
suppliers harmless from any and all claims, including reasonable
attorneys’ fees, arising out of your breach of any of these Terms and
Conditions or in connection with your use of this site. This includes negligent or wrongful conduct by you or any other
person accessing the site using your Internet account.You also certify that you own rights to or have a license to use the
image(s) being reproduced as part of your order.
Tax
Exemption
There
are only two ways to be tax exempt. You must have a re-sale certificate or the
mail must be processed and mailed from our facility. If the product is to be
shipped to any location outside of our plant, even if it is to another mail
house, tax will be charged unless you have a re-sale certificate.
Copyright
The
entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Storm
Media. The
collective work includes works that are licensed to Storm
Media.
Copyright 2006, Storm Media ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Storm Media or purchasing Storm
Media products. You may display and, subject to any expressly
stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely for your
own non-commercial use, or to place an order with Storm
Media or to
purchase Storm Media products. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited, unless authorized by Storm
Media.
You
further agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Storm Media used in the site
are trademarks or registered trademarks of Storm Media
Limitation
of Liability
Storm Media shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if Storm
Media has been advised of
the possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical
Errors
In
the event that a Storm Media product is mistakenly listed at an incorrect
price, Storm Media reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. Storm
Media reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Storm
Media
shall
issue a credit to your credit card account in the amount of the incorrect
price.
Term;
Termination
These
terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or
any part of them, may be terminated by Storm
Media
without notice at any
time, for any reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
Storm Media may deliver notice to you by means of e-mail, a
general notice on the
site, or by other reliable method to the address you have provided to Storm Media.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of Storm Media products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Storm Media products) must be commenced within one (1) year
after the claim or cause of action arises. Storm
Media's failure to
insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Storm
Media may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use
of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Storm Media or other licensed
employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation
Disclaimer
Storm Media does not and cannot review all communications and
materials posted or
created by users accessing the site, and is not in any manner responsible for
the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, Storm Media is merely acting as a
passive conduit for such
distribution and is not undertaking any obligation or liability relating to any
contents or activities on the site. However, Storm Media reserves the
right to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Storm Media in its sole discretion.
Third-Party
Links
In
an attempt to provide increased value to our visitors, Storm Media may
link to sites operated by third parties. However, even if the third party is
affiliated with Storm Media, Storm Media has no control
over these
linked sites, all of which have separate privacy and data collection practices,
independent of Storm Media. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Storm Media seeks to protect the integrity of its web site and
the links
placed upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does not work).
Artwork
Files
Our art
department checks files a 100% before submiting for printing. It is not Storm Media responsibility to check files for accuracy on
spelling, guidelines,
and other design verifications. Storm Media is not responsible for any
print ready files. Designers in Storm Media are not responsible for
finalized proofing on projects submitted. We hold you “the client” responsible
for managing to check your electronic proof and signing off with accuracy for
(spelling or miss wording). All files design following the posts office
complainant standards; postal regulations need to be met. Check with your local
post office for rules and regulations or download one of our friendly templates
pertaining rules and regulations. In addition, you
agree to abide by all rules and regulations pertaining to on-line decency and
appropriate and acceptable content. This means that you agree to the following
with regards to any product coming from Storm
Media: You will not upload,
post or send any content through the Storm Media service containing adult
or child pornography, or anything indecent, lewd, or obscene; material that
threatens to kidnap or injure anyone, threatens to damage the reputation of
anyone or harm their personal property, threatens to accuse anyone of a crime,
threatens to announce that a person has violated a law/s of the United States,
or threatens blackmail; encourages or suggests forcible resistance to any law
of the United States, insurrection, or treason; includes fraudulent, libelous
or hurtful remarks directed at any other person or business; or infringes upon
the intellectual property rights of Storm Media or any other party.Storm
Media
reserves the right to remove or refuse any content or information that violates
the Terms and Conditions agreement or may otherwise be considered unlawful or
objectionable. In addition, you agree that content and or information obtained
by Storm Media may be kept and disclosed if Storm Media is required
to do so by law, or if Storm Media believes, in good faith, that it is
necessary to disclose such content in order to comply with any legal proceeding
or processes; uphold or enforce the terms of our services; respond to any
claims that the content or information is or may be in violation of the rights
of another party; that the content or information may be objectionable or
offensive; or that the content/information is necessary to protect the rights
or property of the public or Storm Media in any
way.
COLOR
PROOFING & MATCHING
Storm Media cannot be held responsible for matching colors or
ink densities on
screen proofs approved by customers. Screen proofs can be used to help display
layout, text accuracy, and image placement and proportion, but not color or
density. Storm Media will make every effort to
match the gradient density
of each color, however, we cannot be held responsible for the final appearance
of a color. The appearance of printed colors may be affected by UV coating,
therefore, Storm Media cannot be held responsible
for final color
appearance of UV-coated product/s.
SUBMISSION
OF ARTWORK OR GRAPHICS
Images,
designs and artwork must be submitted in CMYK format. Storm
Media cannot
be held responsible for any color shift that may occur in conversions to CMYK.
Images, designs and artwork must be submitted with a minimum of 300 DPI and
CMYK color mode. Customer provided artwork may vary in quality, therefore, Storm Media cannot be held responsible for pixilated, blurry or distorted
images.
ORDER
PROOFS
It
is the client's responsibility to review the final proof and layout of all
orders prior to actual printing. Once the final proof has been confirmed by the
client, no further changes can be made to that order. Please review the final
proof carefully prior to completing your order. Storm
Media will not
accept responsibility for typographical errors, errors in spelling, grammar,
punctuation, graphics, fonts or content. Storm
Media will not be held
responsible for errors in finished product sizes, wrong cuts, or missing or
incorrect folds.