Acceptance of Terms
We provide service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. By accessing any page on this site, you agree to be bound by these terms and conditions.
Please review the following Terms and Condition governing your use of the Special Moments Custom Printing Site. Please note that your use of the Special Moments Custom Printing Site constitutes your agreement (“Agreement”) to follow and be bound by these Terms and Conditions. If you violate these Terms and Conditions, we reserve the right to deny you access to the Site, together with any and all other legal remedies.
CONDITIONS OF USE
Warranty and Refund Policy
If you find a defect in your job that is our responsibility, we will re-run the order at no additional cost to you. To receive the replacement, please notify us within 24hrs of receipt of the delivered order and provide us with verification of the problem. We reserve the right to deny replacements if you notify us more than 24hrs after delivery. We are not responsible for any errors that are beyond our control. This includes errors caused by you, delays caused by third-parties, including common carriers, and flaws inherent in the electronic-image-to-print process.
If we verify that we caused a defect, we will re-run the order with an expedited turnaround time and expedited shipping. If, in our judgment, it will not be possible to achieve a good outcome by replacing the order, we may choose to refund all or part of the original cost of the order. If your job was printed as ordered but you are nevertheless unsatisfied, you may return your order for a full refund. In this case, we will require that you pay for return shipping.
Price and Payment
All prices and amounts shown on the Site are in U.S. Dollars (USD), unless otherwise noted. Upon submitting an order for processing, you agree that we may charge your credit card on file for all charges, taxes, and shipping/handling fees applicable to your order. We require that every order be fully paid before we accept an order for processing.
Once you have approved a proof we will begin processing your order. We do not allow any changes to artwork, job characteristics, or printing turnaround time after you have approved a proof. We are not responsible for delays caused by your failure or delay in approving a proof.
While we try to ensure accuracy, we reserve the right to correct any errors in pricing, promotions, or descriptions, and to correct, cancel or refuse to accept any order based on an incorrect price, inaccurate applications of promotions codes or other inaccurate descriptions.
Proofs, Approvals, and Color Accuracy
After we have received your print file upload, we will provide you with an online, electronic proof for your approval. Please be advised that an online electronic proof is not a perfect color reproduction of your printed piece. Electronic proofs cannot show color changes resulting from the conversion of RGB (Red-Green-Blue) or Pantone spot colors to digital CMYK (Cyan-Magenta-Yellow-Key/Black) and cannot show transparency or overprint issues.
We recommend hard-copy proofs for color-critical art. This is particularly true if your job is to be printed on uncoated paper, because the substrate/paper and the density of the ink can affect color and appearance.
We will make every effort to match colors in production when a hard copy proof is requested. However, it is your responsibility to determine if you need a hard copy proof with their print order.
It is your responsibility to log in to your Special Moments Custom Printing Site account and approve your proof. We are not responsible for delays in the order caused by your failure or delay in approving a proof.
Special Moments Custom Printing will reproduce colors from your submitted print-ready electronic files as closely as possible. Every computer screen renders color differently. An electronic proof therefore cannot match the color or density of a printed piece. Even different programs on the same computer can render color differently. By placing an order with Special Moments Custom Printing, you agree to these limitations. We are not responsible for color variations in the electronic proofing process. If color is critical, it is your obligation to order a hard-copy proof. A hard-copy proof takes additional time and will very accurately represent your color and the ultimate printed product.
Printing Turnaround Time
Printing turnaround time begins when you approve your proof. Special Moments Custom Printing is not responsible for any delay caused by your failure or delay in approving a proof.
*APPROVAL DISCLOSURE: Your approval states all information is correct and constitutes permission to proceed with production. The proof shows approximate print size, font style, spelling and overall layout. We will not provide complimentary reprints due to but not limited to typographical mistakes, missing information, color(s) on final product, layout design, or errors not found in proofing process. Once printing starts there are NO REFUNDS.
• ORDER WILL BE ON HOLD PENDING YOUR APPROVAL
Please note that Special Moments Custom Printing is closed Saturdays, Sundays and Holidays. These days are not considered when calculating turnaround time.
We fulfill our turnaround guarantee obligations when we place your order in the hands of a common carrier. We do not guarantee turnaround times for ground shipping orders. We aren’t responsible for delays caused by a common carrier.
If we fail to meet a guaranteed deadline, you will receive a pro-rated refund of any rush charges or a free upgrade of delivery service to meet your required delivery date. Cancellation of an order based on printing turnaround time is only allowed if you indicate that the order must be shipped by the selected turnaround time in the order notes and you received and approval email.
Errors
SpecialMomentsCustomPrinting.com is not responsible for any of the following errors in a final product: Spelling, grammar, or punctuation, Incorrect graphics or design elements, Low resolution images or photographs, Color transparency issues, Damaged fonts, or Overprints (printing one color on top of another or “trapping”)
SpecialMomentsCustomPrinting.com is also not responsible for improper file setup, such as: bleeds, crop marks, finished product size, die lines, folds/scores/perforations, page alignment, or page orientation.
SpecialMomentsCustomPrinting.com does not make any changes to design elements in the digital print file without prior customer approval.
Artwork Ownership
You, however remain responsible for the accuracy of your print-ready artwork files. We encourage you to proofread all files carefully before submitting them to Special Moments Custom Printing.
By submitting the artwork to Special Moments Custom Printing, you certify that you have the legal right to use the image(s) in your artwork files and that use of the images will not, and does not, infringe upon the rights of others. If you do not own the copyright on the art you submit, you represent and warrant that you have received permission to use the art from the owner or copyright holder. You represent and warrant that submitted artwork does not violate any intellectual property rights held by another individual or corporation. If you submit artwork owned by someone else to Special Moments Custom Printing, you will indemnify, defend and hold Special Moments Custom Printing harmless from any and all damages and claims resulting from your order.
We are always working to get better at evaluating content and enforcing our standards.
If you have questions or comments about something we have restricted, please contact: SpecialMomentsCustomPrinting@yahoo.com
Copyrights
The customer warrant that is has the right to produce the subject matter to be printed, duplicated or distributed. If the subject matter is copyrighted, the customer warrants that it owns the copyright or has express permission of the owner to reproduce the copyrighted subject matter, and that it has not removed any copyright notice from any material to be reproduced without written permission.
You accept full legal liability for the content of material processed and printed on your behalf and according to your instructions and indemnify, defend and hold Special Moments Custom Printing harmless from any and all claims arising from or related to your order.
Shipping and Risk of Loss
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 example, a product shipped “2nd Day” and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary between carriers, and Special Moments Custom Printing assumes no responsibility for delays caused by common carriers. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, weather, etc.
Special Moments Custom Printing responsibility is limited to preparing your printing order and submitting it to the carrier for shipping. Special Moments Custom Printing is not liable for damages that occur in shipping.
All risk of loss for damage or delay to your order passes from Special Moments Custom Printing when we deliver your order to a common carrier.
We cannot ship to P.O. Boxes or APO/FPO.
Mailing Services
Your mailing list(s) is your exclusive property. We will not utilize your mailing list for any purpose other than fulfilling your order. We do not retail, sell, resell, or market any customer’s mailing list.
All mailing service delivery dates are estimates, not guarantees. Special Moments Custom Printing responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Special Moments Custom Printing responsibility ends when the job is delivered to the Chanhassen, Minnesota, post office. In no event is Special Moments Custom Printing responsible for performance failures or delivery delays caused by the USPS.
If Special Moments Custom Printing causes an error in your mailing services, we will correct and re-mail the job as soon as possible. Our liability for a mailing service error is limited to the cost of the job. In no event is Special Moments Custom Printing liable for any loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
Special Moments Custom Printing Property and Work Product
All content and software included in or made available through the Special Moments Custom Printing Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of Special Moments Custom Printing. Special Moments Custom Printing Site content is protected by United States and international property and copyright laws.
All materials we develop or create in producing your printed product are the property of Special Moments Custom Printing. Specialmomentscustomprinting.com® may use your product for samples or advertising purposes, unless notified in writing of its inability to do so. In the event of a written notice, Specialmomentscustomprinting.com® will cease its usage of your product within 30 days of receipt of the notice. Any usage of the product for samples or advertising purposes prior to the receipt of the written notice will be deemed as acceptable.
If you post content or submit material to Special Moments Custom Printing, you grant Special Moments Custom Printing a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Special Moments Custom Printing the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Special Moments Custom Printing for all claims resulting from content you supply. Special Moments Custom Printing has the right but not the obligation to monitor and edit or remove any activity or content. Special Moments Custom Printing takes no responsibility and assumes no liability for any content posted by you or any third party.
All comments, communications, ideas, feedback, and suggestions that you submit to Special Moments Custom Printing are the exclusive property of Special Moments Custom Printing although we are grateful for information that helps us better serve our customers, you are not entitled to any compensation for any idea or suggestion that we may use.
Your Account
You are responsible for maintaining the confidentiality of your Special Moments Custom Printing account and password and for restricting unauthorized access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Special Moments Custom Printing only with involvement of a parent or guardian. Special Moments Custom Printing reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. If you fail to adequately secure your Special Moments Custom Printing account and a third party uses your account to cause damage to Special Moments Custom Printing or someone else, you agree to indemnify Special Moments Custom Printing and hold Special Moments Custom Printing harmless from all damages that result from the security breach.
Code of Conduct
You may only use the Site to make legitimate requests to purchase the products or services offered. You agree to not use the Site for any illegal, speculative, false, or fraudulent purpose. You may not use robots or other automated means to access this Site. Use of the Site is restricted to use in accordance with all applicable laws. You will indemnify, defend and hold Special Moments Custom Printing harmless for any claims arising from or related to the use of the Site in violation of applicable laws.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its content. You agree not to add to, subtract from, or otherwise modify Site content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your account information in order to keep it current, complete, and accurate.
We reserve the right to restrict or remove any and all uses or content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to other Special Moments Custom Printing customers, or to any third party.
The following non-exhaustive list details the kinds of conduct or activity we prohibit:
• The upload, download, or transmission of any content that Special Moments Custom Printing believes, in its sole discretion, would violate, or would facilitate the violation of, any applicable law, regulation, or Special Moments Custom Printing rule or policy
• The upload, download, or transmission of any content that, Special Moments Custom Printing believes, in its sole discretion, infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets
• The upload, download, or transmission of any content that Special Moments Custom Printing believes, in its sole discretion, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
• The upload, download, or transmission of any harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that S Special Moments Custom Printing believes, in its sole discretion, may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
• The upload, download, or transmission of any content, Special Moments Custom Printing believes, in its sole discretion, is offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes)
• The upload, download, or transmission of any domain names, URLs, or hyperlinks
• The use of the Site for commercial purposes such as advertising, promotion, solicitation, or other illegal or illicit activities.
• The use of the Site for the impersonation of any person or entity or forging of any e-mail communication or any part of a message
Fraudulent users may be prosecuted to the fullest extent of the law.
Privacy
By using the Special Moments Custom Printing Site and signing into a Special Moments Custom Printing account, you consent to Special Moments Custom Printing’ use of your personal information. Special Moments Custom Printing will not sell, market, or disclose to unrelated third parties any identifying active data (your name, e-mail address, etc.) that you input into the Site. By using the Special Moments Custom Printing Site, you consent to our collection of passive data regarding your use and behavior, including but not limited to: your IP address, details regarding the device you use to navigate the Site, your geographic location, the specific Special Moments Custom Printing Site pages you visited and your activity and choices while on the Special Moments Custom Printing Site.
Limited License
If you create a Special Moments Custom Printing account and become a Special Moments Custom Printing user, Special Moments Custom Printing grants you a limited, revocable, non-exclusive, non-transferable, and non-sub licensable license to use Special Moments Custom Printing. This license does not include: any resale or commercial use of any Special Moments Custom Printing or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Special Moments Custom Printing or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Special Moments Custom Printing and its affiliates. No part of the Special Moments Custom Printing Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Special Moments Custom Printing.
Indemnity
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless Special Moments Custom Printing, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or its Content, or any violation by you of this Agreement.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement and has been reproduced on Special Moments Custom Printing Site please follow the requirements below and submit your complaint to the following email address: specialomentscustomprinting@yahoo.com.
Any infringement complaint must include the following information:
• Your address, telephone number, and e-mail address;
• Documentary evidence that the alleged copyright owner actually owns a copyright on the allegedly infringing material;
• If you are an agent acting on behalf of a copyright owner, documentary evidence of your agency relationship, including a physical signature of the copyright owner authorizing you to act on his or her behalf;
• A description and/or photo of the copyrighted work that you claim has been infringed upon;
• A description of the Special Moments Custom Printing Site location of the material that you claim is infringing;
• An affidavit, declaration, or other sworn statement from you that the alleged infringement is not authorized or abetted by the copyright owner, its agent, or the law; and
• An affidavit, declaration, or other sworn statement from you that the information in your complaint is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We will provide a substantive response to your copyright complaint after you have followed the foregoing requirements and responded to our initial communication to you.
Links to Third-Party Websites
Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Special Moments Custom Printing of the third party, the third-party website, or the information contained therein. Special Moments Custom Printing is not responsible for the availability of any such websites. Special Moments Custom Printing is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Special Moments Custom Printing affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.
GENERAL TERMS AND CONDITIONS
SpecialMomentsCustomPrinting.com LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AMOUNT OF LIABILITY OF SpecialMomentsCustomPrinting.com FOR ANY CLAIM ARISING HEREUNDER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE WILL NOT EXCEED THE AMOUNTS PAID TO SpecialMomentsCustomPrinting.com FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE.
Entire Agreement/Modification/No Waiver.
These Terms and Conditions constitute the entire Agreement between you and Special Moments Custom Printing relating to the subject matter hereof and your use of the Site. This Agreement supersedes any prior understandings or agreements (whether oral or written). Special Moments Custom Printing reserves the right to amend or modify these Terms and Conditions at any time. No conduct by Special Moments Custom Printing shall be deemed a waiver of Special Moments Custom Printing legal rights and will not waive or bar any subsequent action for breach or violation of this Agreement.
Enforcement/Choice of Law/Venue.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement. Any and all disputes relating to this Agreement, your use of the Site are governed by, and will be interpreted in accordance with, the laws of the State of Tennessee, without regard to any conflict of law’s provisions. You agree that Tennessee state courts shall have exclusive jurisdiction over any dispute between you and Special Moments Custom Printing and its affiliates.