Acceptance of Terms of Use

PrintOGraphics reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

PrintOGraphics graphic design services are subject to additional terms of use.

1. General Terms Applicable to PrintOGraphics Services
a. If you are requesting a project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
b. If you provide PrintOGraphics with any text, images, designs, or other content for incorporation into your project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
c. The designs and/or written copy (collectively, "Designs") prepared by PrintOGraphics for you as part of your project may have similarities to Designs prepared by PrintOGraphics for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by PrintOGraphics and PrintOGraphics reserves the right to use the same or similar Design elements in other projects or otherwise for other parties in the future. Except for the specific project content provided to PrintOGraphics by you, all rights in all Design products, including without limitation both final Designs and all interim and draft Designs, are retained by PrintOGraphics. Your right to use any Designs prepared by PrintOGraphics for you is limited to the finished printed products in the form they are supplied to you by PrintOGraphics. You may not copy, disassemble, modify, or transfer any such Designs.
d. PrintOGraphics reserves the right, in PrintOGraphics's sole discretion, to refuse to accept any project or to terminate any project prior to completion at any time and for any reason. You agree that PrintOGraphics shall have no liability of any kind to you or to any third party arising from such refusal or termination.
e. PrintOGraphics reserves the right to make changes to these Terms of Use and to the products and services offered by PrintOGraphics at any time without prior notice. You should review these Terms of Use each time you access the PrintOGraphics site.
f. PrintOGraphics reserves the right to use any Designs and/or your finished project products as sample work for advertising and promotional purposes and for internal purposes.

2. Terms Applicable to Delivery of Designs and Pre-Paid Fees
a. Payment for any and all services to be provided by PrintOGraphics is due in advance of any work by PrintOGraphics.
b. Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. Your Designs will be delivered in web preview format by email notification, which you must view by logging in to your PrintOGraphics account with a user ID and Password. If the email address you provide is not valid or is filtered by your email system, PrintOGraphics Creative Services will not be liable for any missed deadlines and will not refund clients for this reason.
c. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.

3. Acceptance and Cancellation
a. Projects may be cancelled within 10 days of the initial Designs being completed by the PrintOGraphics Creative Services team and placed in your PrintOGraphics account. If you do not cancel your Creative Services project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the Creative Services project will be nonrefundable.

4. Additional Customer Requirements
a. You must be 18 Years old or older to purchase a Creative Services project and utilize PrintOGraphics's Creative Services.
b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact PrintOGraphics with any changes, updates, or enhancements to the project you are requesting starting from date of sale.
c. You must call PrintOGraphics at (972) 231-1247 for any requests to cancel services.

5. Damages and Liabilities
a. PrintOGraphics Creative Services disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the PrintOGraphics site or any information, even if PrintOGraphics has been advised of the possibility of such damages.
b. All delivery times are estimates only, and PrintOGraphics is not responsible for any late projects and/or impact to Customer's business due to a late project and/or printing. PrintOGraphics advises that Customers plan at least one month for any Design project and associated printing and shipping time.

6. Terms Applicable to Logo Design Services
If your Design Services project involves the development of a logo design, you acknowledge and agree to the following: a. PrintOGraphics is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.
b. PrintOGraphics does not guarantee that your logo will not have similarities to logos designed by PrintOGraphics for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and PrintOGraphics reserves the right to use one or more of the design elements in other logo design projects for other parties in the future.
c. Upon payment in full of all design fees owed to PrintOGraphics, PrintOGraphics will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. Please consult a Design Services Account Representative for a list of available formats. PrintOGraphics reserves the right to display the logo in PrintOGraphics advertising, promotional, and corporate materials related to its logo design services.

7. Terms Applicable to High Resolution Image Creation Services
If your Design Services project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:
a. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to PrintOGraphics and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.
b. Upon payment in full of all design fees owed to PrintOGraphics, PrintOGraphics will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format. Please consult a Design Services Account Representative for a list of available formats.

8. Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of PrintOGraphics, and/or its subsidiaries (referred to herein as "PrintOGraphics") or the copyrighted property of parties from whom PrintOGraphics has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. PrintOGraphics reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

9. Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through PrintOGraphics (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from PrintOGraphics does not entitle you to use any portion of Content apart from the finished Products as they are supplied by PrintOGraphics.
You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. PrintOGraphics may terminate its service to customers found to be using PrintOGraphics to engage in undesirable activities.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize PrintOGraphics to produce the Products on your behalf.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

10. Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

11. Indemnification
You agree that you shall indemnify and defend PrintOGraphics and all parties from whom PrintOGraphics has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

12. Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

13. Limitation of Liability
IN NO EVENT SHALL PRINTOGRAPHICS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRINTOGRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PrintOGraphics OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PRINTOGRAPHICS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

14. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to PrintOGraphics in connection with the operation or content of this Site shall be provided by the submitter and received by PrintOGraphics on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of PrintOGraphics. By submitting any such information to PrintOGraphics, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that PrintOGraphics shall be free to use such information on an unrestricted basis.

15. Governing Law
PrintOGraphics is based in Plano, Texas and all transactions take place on PrintOGraphics's servers located in Texas. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the country you are in. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Plano, Texas. You agree to submit to the jurisdiction of Texas courts and agree that venue in these courts is proper in any such legal action or proceeding.