Terms & Conditions
LAST UPDATED: May 30, 2021
MODPRINTERS.COM IS OWNED AND OPERATED BY MODPRINTERS, LLC. YOU AS A USER OF THE WEBSITE WILL BE REFERRED TO HEREAFTER AS “YOU”, “YOUR” OR “USER”.
YOU AGREE THAT THE TERMS & CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MODPRINTERS, LLC (HEREAFTER ALSO REFERRED TO AS “MP”, “WE”, “US”, OR “OUR”) AND GOVERN ANY AND ALL USE OF THE WEBSITE BY ANY AND ALL USERS OF THE WEBSITE AND ANY SERVICES OFFERED THEREFROM.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE WEBSITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, MODPRINTERS, LLC, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS HEREIN.
User Accounts As a condition of your use of certain services offered through the Website, you may be required to register an account with us and in doing so, must provide true, accurate, and current account information at all times. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. Should an unauthorized user gains access to the password-protected area of the Website as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Minimum Age: The Website and its services may only be used by persons who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are 18 years old or older.
We expressly reserve the right, at our sole discretion, to terminate a user’s account or their access to any or all areas of the Website due to any act that would constitute a violation of these Terms & Conditions.
User Conduct You are solely responsible for the content and context of any materials you post or submit through the Website. You warrant and agree that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which: (i) are unlawful, harassing, threatening, or profane; (ii) limit or inhibit any other user from using or enjoying the Website; (iii) constitute or encourage or facilitate conduct that would constitute a criminal offense or give rise to any civil liability; (iv) contain a virus or other harmful malicious code; (v) contain any false or misleading indications or origin or statements of fact, or (vi) infringe, misappropriate, use or disclose without authorization or violate any intellectual property rights of any third parties including, but not limited, to copyright, trademark, mask work, trade secret, or right of publicity.
You may only use this Website to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false, fraudulent, or ill-intending Requests. You may not use robots or other automated means to access this Website, unless specifically permitted by PR. You represent that you are of adequate legal age to create binding legal obligations for any liability you may incur as a result of your use of this Website.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that, even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You may electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping or printing resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above, without our prior written consent, is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Website, you agree that the following actions shall result in a material breach of the Terms & Conditions:
- Collecting information about the Website or users of the Website without our explicit written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, filtering, truncating, injecting, or changing any content or information contained in the Website, without our explicit written consent;
- Using any deep-link, page-scrape, index, robot, crawl, spider, macro programs, click spam, Internet agent, or other automatic device, program, algorithm or methodology which does the same or similar things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Disguising the origin of information transmitted to, from, or through the Website;
- Accessing or using the Website for competitive purposes;
- Impersonating another person or entity;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws; or
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
Material Submitted by User For any materials that you submit or upload including, but not limited to, images, photographs, logos, graphics, videos, text, trademarks, slogans, and other materials (collectively, “User Materials”), you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense through multiple tiers, to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Materials solely in connection with the production or provision of any product or service you request or to show you how your User Materials would appear in our products or services and/or to market or advertise products or services to you. Modprinters.com may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of operating the Site, providing the product and services, processing your order, and producing and shipping your products.
User Social Media Content License Modprinters.com reaches out to social media users to seek their permission to feature our favorite social media content including photos, text, graphics, audio, video, location information, comments and other materials from such social media sites (“User Social Media Content”) on our Site and promotional materials. If you choose to allow us to use your User Social Media Content, you agree to the following User content license:
You hereby grant to Modprinters.com a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Social Media Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in Modprinters.com’s sole discretion, including but not limited to on webpages and social media pages operated by Modprinters.com, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. Modprinters.com may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Social Media Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant Modprinters.com the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Social Media Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Social Media Content, (ii) you own all rights in and to your User Social Media Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Social Media Content, (iii) you are not a minor, (iv) Modprinters.com’s use of your User Social Media Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Social Media Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You acknowledge and agree that You will make no monetary or other claim against ModPrinters.com for the use of the User Social Media Content. You waive the right of prior approval for the use of the User Social Media Content. You acknowledge and release ModPrinters.com, and its assigns, licensees, and successors from all claims that may arise regarding the use of the User Social Media Content including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. ModPrinters.com is permitted, although not obligated, to include your name as a credit in connection with the use of the User Social Media Content.
Copyright NoticeAll content included on this Website, including, but without limitation to, the information, software, audiovisual content, graphs, data, typefaces, maps, designs, icons, written and other material, content and compilations (collectively, “Content”) are intellectual property and copyrighted works of PR, its licensees, and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to users via the Website may be construed to confer any license or ownership right in or materials published or otherwise made available through the Website or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions remain reserved by us.
Corporate Identification and Trademarks“ModPrinters.com” and any and all other marks appearing on this Website are trademarks of PR in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, post, distribute, upload, republish, transmit, or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without MP’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. MP expressly prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by MP in writing.
Copyright Notices for Materials on the WebsiteIf you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PR has designated the following agent to receive notification of alleged copyright infringement:
ModPrinters.com Attn: DMCA Agent 2608 NW 4th St, Ft Lauderdale, FL 33311
E-mail Address: email@example.com
Links to Third Party WebsitesAt times this Website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you may leave this Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding other websites, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Linking to our Website Running or displaying this Website or any material or content displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING ALL CONTENT, MATERIALS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS AND PERFORMANCE FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES, MATERIALS, INFORMATION OR CONTENT CONTAINED THEREIN WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, TIMELY OR NOT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PR—INCLUDING ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”)—BE LIABLE FOR ANY CLAIM, INJURY, LOSS, DAMAGE, DEATH, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCE SHALL PR BE LIABLE TO ANY CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO MP FOR THE REQUEST, PRODUCT, OR SERVICE RELATED TO THE CLAIM.
IndemnificationYou agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, costs, damages, and expenses, including attorneys’ fees, arising from or related to (A) your use of the Website, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Website using your password, and (E) any image or content being reproduced as part of your order. If using the Website on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
Third PartiesIf you use this Website to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Website, including but not limited to all rules and restrictions applicable thereto.
User Comments, Feedback and Other SubmissionsYou acknowledge and agree that any comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Website (collectively, “Comments”), shall become and remain the exclusive property of MP. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, nor to pay to you any compensation for any Comments submitted, nor to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent; you relinquish all rights to such Comments.
Termination MP, reserves the right to terminate your account and/or access to the Website and its services at any time, at its sole discretion. Termination by MP may include removal of access to the Service, deletion of all related information and files, deletion of your password or account, deletion of content associated with your account (or any part thereof), and other steps intended to prevent your further use of the Website and its services. If you become dissatisfied with the Website, your sole and exclusive remedy is to promptly discontinue use of the Website.
Amendments to Terms & Conditions MP reserves the right, at our sole discretion, at any time or convenience, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. We will try to update the “LAST UPDATED” date at the top with any such modifications. You agree to review these Terms & Conditions periodically to be aware of changes. Continued access or use of the Website following such posting shall be deemed conclusive evidence of your review and acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.
Changes to the Website We reserve the right, for any reason, in our sole discretion, to terminate, modify, suspend or remove any aspect of the Website including but not limited to content, services, prices, features, or hours of availability. We may impose limits on certain features of the Website or restrict your access to any part, or all of the Website without notice or penalty. You agree that MP will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Website.
Miscellaneous The captions in these Terms & Conditions are solely for convenience and do not, in any way, limit or otherwise entirely define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or MP to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Website or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is immediately and permanently barred. All provisions in the Terms & Conditions regarding representations and warranties, disclaimers, indemnification, and limitation of liability shall survive the termination of the Terms & Conditions.
Governing Law & Exclusive Venue for Disputes You and MP agree that the laws of the State of Florida, USA shall govern these Terms & Conditions and your use of the Website, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Broward in the State of Florida for all disputes arising out of, or relating to, the Terms & Conditions and use of this Website or its services.
Notice for Users in Florida Only. This notice is for users of the Website residing in the State of Florida. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Agriculture and Consumer Services may be reached by mail at Plaza Level 10, The Capitol 400 S. Monroe St. Tallahassee, FL 32399-0800 or by telephone at (800) 435-7352.
Equitable Relief You agree that a breach of these Terms & Conditions will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.
Notices under these Terms & Conditions Except as explicitly stated otherwise, any notices shall be given by email to MP at firstname.lastname@example.org or to you at the email address you provide to MP. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
How do I contact ModPrinters.com? Our postal address is: ModPrinters.com 2608 NW 4th St, Ft Lauderdale, FL 33311
We can be reached via email at email@example.com
ORDER TERMS AND CONDITIONSPayment
All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise stated. All prices set forth on the Website and stated herein are subject to modification at any time and for any reason without notice and payment amounts and other terms may be subject to additional agreements between User and MP.
If a User submits an order on the Website to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees and postage will automatically be charged to the credit card or paid by User with an approved payment method.
Production of all items ordered is subject to the terms outlined below in the “Printing Turnaround Time” section and will not commence until an order is fully paid, including shipping and handling fees, if applicable except where MP has explicitly agreed to special delayed payment terms (e.g. Net 30) with the User prior to placing an order. Users who have delayed payment agreements with MP are required to provide payment in accordance with the terms of their applicable payment agreement(s).
Once the print file(s) associated with an order have been approved by the User as described below in the “Printing Turnaround Time” section, the order will be “In Production” and no further changes will be allowed to the print files, job characteristics, or printing turnaround time. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling and postage fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, List Purchase and USPS Postal Costs are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to MP and non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the User’s initial submission even in the event where the print job never reaches the “In Production” or shipment phase due to no fault of MP (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).
Return & Refund Policy At ModPrinters.com, we strive to provide our Users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department.
All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the User or $1,000.00 (whichever is less). Determination of defect is solely at the discretion of MP. In most cases, Users will be requested to share digital photos documenting the product defect and/or ship the defective products to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager’s discretion.
Direct mail services including printing, mailing services, list services and design services are not subject to the foregoing return policies. Refunds or reprint on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint will be determined by MP in its sole discretion. Under absolutely no circumstance will postage be refunded for any reason once it has been physically applied to an item ordered, regardless if it is yet to be mailed or not.
Proofs At your request, once we have received your files for print, an online proof will be available for your review. Actual process time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless such approval is explicitly waived. Should you not approve your proof, we will print it as is and are thereby not responsible for final quality or accuracy of the product. It is the User’s responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by User’s non-approval of the proof. We do reserve the right to, at our discretion, make minor changes to the proof and product as needed for the quality of printing.
An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues, nor color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. User is completely responsible for all that is contained in the final approved proof.
If requested, ModPrinters.com offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the User when the print order is made. Hard copy proofs are printed on a different substrate from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. Hard copy proofs are not available on jobs to be printed on uncoated paper.
The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by us on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the User’s responsibility to determine if they need a hard copy proof with their print order.
Cancellation An order may not be canceled once it is “In Production”. If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
- Orders placed, paid for and then canceled before 5pm EST on the same day may be refunded in full or booked as store credit to be applied to future orders;
- Orders below $100 will not be subject to cancellation fees;
- Orders from $100 to $500 will be subject to a $15.00 cancellation fee;
- Orders $500 and above will be subject to a cancellation fee of 3.5% of the full order amount.
Color Accuracy ModPrinters.com will make their best effort to reproduce color from submitted print-ready files, but at times cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with ModPrinters.com, you understand and agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict text accuracy, design layout, image proportion and placement, but not color or density. Application of UV coating may affect or change the appearance of the printed colors. We are not liable for the final color appearance of UV coated products.
No Liability for Errors We are not liable for errors in a final product caused by any of the following reasons:
- Artwork files that are not created following our specifications
- Variances in color from the conversion of Pantone or RGB colors to CMYK
- Errors in user-selected options such as size, quantity, paper and finish
- Spelling, punctuation and grammatical errors
- Low resolution or low-quality graphics and images
- Damaged fonts
- Overprint issues
- Transparency issues
- Duplicate orders submitted by the User
- Incorrect or corrupted files uploaded
- Incorrect file orientation
- Cracking on folds
- Cutting variances
- Damage to products after delivery to User
- Incorrect or undeliverable shipping address
User is responsible for reviewing their files and correcting any issues prior to placing the order.
Over print and under print Policy Due to the gang run method that ModPrinters.com uses, we cannot guarantee that every order will be the exact number of items which was ordered. We can guarantee that the quantity will come within +/- 10% of the number of items ordered. Although rare, in the event of an under run, we will either refund or give you Store Credit for the number of pieces we were “short”, if over 10% of the order quantity.
Artwork Files Our prepress department attempts to check all submitted artwork files prior to printing, but you are still 100% responsible for the accuracy of your print-ready artwork files; we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us in connection with your use of the Website, you further certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms & Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, nudity, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, copyrights, publicity, or other intellectual property rights without the permission of the owner(s) of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or infringe on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
We may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other Users of the Website may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is your sole responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.
Based on our sole discretion, we may set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time (determined at our discretion), or for any other reason, without prior notice.
Stock Images Terms We provide users access to professional stock images through an integration with Adobe. The licensing fee(s) for any stock image(s) you include in your artwork file will be added to your final total during checkout. By purchasing stock image(s) in this manner, you agree to adhere to all applicable Adobe agreements. Any issues created as a result of using such images are subject to Adobe agreements; we are not responsible for any issues, failures, or mishaps that arise as a result of using this service.
You cannot return or exchange any stock image(s) that you purchase and all sales are final.
Printing Turnaround Time Printing turnaround time begins after we have received your print-ready files, along with approval for (or waiver thereof) your proof, and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin once we receive acceptable print-ready files regardless of when payment was made.not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this Website is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays, and holidays.
Orders must be paid, print-ready files received, and proofs approved by 5:00 P.M. PST (8:00 P.M. EST) for printing turnaround time to begin the next business day. For example, an order for two-day printing turnaround that you submitted at 3:00 P.M. PST (6:00 P.M. EST) and approved by 5:00 P.M. PST (8:00 P.M. EST) on Tuesday will be shipped out by end of business Thursday. If you approve a proof on your Next Day Turnaround order by 5:00 P.M. PST (8:00 P.M. EST) on Tuesday, it will be sent out of our facility by Wednesday end of business day.
Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does
Printing turnaround time for jobs with print-ready files, approved proofs and payment is guaranteed. The exclusive remedy for failing to meet a deadline is limited to a 20% refund for every business day of delay (up to the maximum refund amount per the Return & Refund Policy above). We will not be responsible for shipping-related costs on orders that do not go out by the due date.
Shipping Unless you choose Pick Up or Mailing Services, you need to select one of the shipping methods presented to you on the Website. All shipping may be done using FedEx, UPS or other freight carriers. We reserve the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, 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 by the carrier. For example, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.
Our responsibility is limited to preparing your printing order and giving it to the carrier for shipping. Shipping transit times vary and we assume 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.
We are not at all liable for damages that occur during shipping.
Pick up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from our facility within 30 days, it will be recycled.
We reserve the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where we complete the job prior to the turnaround time selected by you and in such event, there will be no adverse material impact on the target arrival date (see Target Arrival section below).
Target Arrival Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.
For example, a product with a printing turnaround time of two business days and a shipping method of Two Day service would have a target arrival date of four business days after your files have been sent to production.
The cut off time for accepting files is 9:00 A.M. PST (12:00 Noon EST). If we receive print-ready files, proof approval, full payment and have successfully validated your delivery address by that time, we will commit to printing and shipping your product within the selected timeframe.
If you have requested a Hardcopy Proof, factor in approximately six more business days to receive and approve your proof. For Next Day Hardcopy Proof, factor in an additional two business days.
Please understand that target arrival dates are estimates, not guarantees. We assume no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.
Sales Tax Policy ModPrinters.com charges sales tax on orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
Promotional and Referral Codes We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to ModPrinters.com, subject to any additional terms that we may establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Code; (f) are not valid for cash or other credits or points offered via ModPrinters.com; and (g) may expire prior to your use.
Miscellaneous All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.
All materials we create in producing your printed product are the property of MP. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.