CONDITIONS OF USE
Welcome to FirstinPrint.com (“Site”). Please review the following basic terms that govern your use of and purchase of products through our Site. Please note that your use of our Site requires your agreement to follow and be bound by these terms (the “Agreement”).
We may periodically change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as revised.
We may change, move, delete or add to our Site from time to time. All prices are subject to change without notice.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FirstinPrint.com, and its subsidiaries and/or affiliates (“FirstinPrint.com”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by FirstinPrint.com. FirstinPrint.com trademarks appearing on this site are trademarks of FirstinPrint.com.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FirstinPrint.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain FirstinPrint.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FirstinPrint.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FirstinPrint.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FirstinPrint.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
FIRST IN PRINT’S COMMUNICATIONS TO YOU
You agree that FirstinPrint.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of FirstinPrint.com’s products or services, or for such other purpose(s) as FirstinPrint.com deems appropriate.
Most FirstinPrint.com products displayed at the Site are available while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which FirstinPrint.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
EXACT PRINT QUANTITIES / UNDERS OVERS
Due to the nature of custom printing and finishing, spoilage is a normal part of every job. Sheets are wasted when setting up machines or when machines require additional calibration during production. We print extra sheets to account for spoilage. In most cases, we deliver more than the quantity sold. In some cases, more sheets than extras are used during setup or calibration, which results in delivery of fewer than the quantity sold.
Our policy is to commit to delivery within +- 5% of quantity sold. This means that a quantity sold of 1,000 units, for example, may result in delivery of 950 or as many as 1,050 units. This policy does not apply to large format products generally sold as single units, but rather to bulk printed products with qtys of 500 or more. In a case where quantity delivered falls below -5% of quantity sold, we invite our clients to request pro-rated refunds or credits.
The quality of our products is very important to us in maintaining great relationships with you, our valued customers. For this reason, we take quality issues very seriously. If you’re dissatisfied with the quality of your product or experience, we definitely want to know about it. If there’s a quality issue affecting your products, please let us know within 2 weeks of receiving it. We will then request the affected product, or a sample thereof be returned within 30 days in order to process your claim. Once a claim is approved, we will gladly issue either a credit to your account, or reprint to replace the affected quantity. (depending on your preference)
You agree to defend, indemnify and hold FirstinPrint.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent FirstinPrint.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting FirstinPrint.com’s products and services available in the United States and select foreign markets. This Site is controlled and operated by FirstinPrint.com from its offices in Miami, Florida.
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida, County of Dade.
This Agreement is effective unless and until terminated by either you or FirstinPrint.com. You may terminate this Agreement at any time. FirstinPrint.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in FirstinPrint.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or FirstinPrint.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
OWNERSHIP OF ARTWORK AND SOURCE FILES
Except for Customer’s Proprietary Material (defined below) contained in the Project, First in Print shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the Project. Specifically, but without limitation, Designers shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or arrangements or other components of any materials presented to Customer that comprises the Project, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine Designers’ right, title, and interest in the Project, as described in this Paragraph 4. Notwithstanding the above, Customer shall retain and, Designers shall have no proprietary rights whatsoever in all of Customer’s intellectual property rights in any and all text, images or other components and/or materials owned by Customer, or which Customer has the legal right to use, that are delivered to Designers, including but not limited to software, related documentation, Customer marketing material, logos, and tag lines (“Customer’s Proprietary Material”). Designers agree that they shall not use Customer’s Proprietary Material for any other purpose than those expressly set forth in this Agreement. In certain situations, First in Print may make original source files and full rights of ownership available to Customer. There may be a fee associated with transfer of these rights and ownership in addition to any standard design and printing fees associated with the original project.
OWNERSHIP OF TOOLING AND PRODUCTION MATERIALS
Physical tools and materials created for print production are owned and maintained by First in Print. This includes all cutting dies, foil dies, scoring dies, etc. First in Print may charge a fee at the time of creation of these materials. This fee does not imply a transfer of ownership of the materials. First in Print makes these materials available for future use by the client for up to 3 (three) years. In the event that the materials are lost or damaged, First in Print will cover the cost of creating a replacement.
Our policy on design and service related projects $500 or more is that we require a 50% down payment up front, and remainder upon completion of the work or phase of project. In a multi-phase project, we require final approval and completion of the current phase prior to beginning a subsequent phase. Our policy on the sale of printed or other tangible goods is that we require 100% payment prior to beginning production. Many projects contain both products and services. In this case, the down payment comprises 50% of the services to be rendered, then upon approval design and prior to beginning production, remainder of payment is due in full.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FTHW SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.