LEGAL CLAIM

NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. PIXELS PRINTED RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PIXELS PRINTED DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process.

Pixels Printed is NOT LIABLE for errors in a final product caused by any of the following reasons:

Misspellings, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.

By submitting the above document to Pixels Printed ”I agree to the following terms":

I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

COPYRIGHT

All material and software Copyright (c) 2017 PixelsPrinted, Inc. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the PixelsPrinted website and/or its subsidiaries or the copyrighted property of parties from whom PixelsPrinted has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the PixelsPrinted Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.PixelsPrinted policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not PixelsPrinted, are entirely responsible for all Content that you use from PixelsPrinted Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Pixels Printed or any third party. Pixels Printed does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Pixels Printed be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.

Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

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.

You acknowledge that Pixels Printed does not pre-screen Content, but that Pixels Printed and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Pixels Printed may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pixels Printed, its users and the public.

ACCESS TO CONTENT

We advise that you have a copy of all files and content uploaded to Pixels Printed, as we will not be able to send back any of your files/content at any given time.

After printing, your Content and the Proofs Pixels Printed sent you may be removed/deleted at any time without notice. Pixels Printed maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.

GOVERNING LAW

The internal laws of the State of New York shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Suffolk County, New York for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.

LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIXELS PRINTED - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, 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 SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, 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. 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 SITE EXCEED THE AMOUNT PAID BY YOU TO PIXELS PRINTED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom PixelsPrinted has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.

DESIGNING FILES

PixelsPrinted does not provide any design files.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format, excluding products labeled otherwise*. PixelsPrinted is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB.

All artwork, designs and images must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated). PixelsPrinted is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork.

Additional fees may apply for files larger than 30MB.

*More information in product details and file set up tab.

ADDITIONAL FEES FOR PROCESSING 3rd PROOF

The first two proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement, as files would have to be reprocessed.

$5.00 reprocessing fee applies to all products

COLOR PROOFING, MATCHING & PRINTING

PixelsPrinted is not liable for color matching or ink density on screen proofs approved by Customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

PixelsPrinted will try its best to match the gradient density of each color, but PixelsPrinted is not liable for the final appearance of a color.

Important: Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet and are run at the same time. For example, we lay out 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards. Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color offset print run among 65 customers.

The application of High Gloss UV Coating may affect or change the appearance of printed colors. PixelsPrinted is not liable for the final color appearance of High Gloss UV-coated product's.

ENVELOPES AND LETTERHEADS PAPER EFFECT DUE TO COLOR

Please note that because our letterhead and envelope paper stock is "uncoated", we do not recommend using colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.

STICKERS

Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.

ORDER CANCELLATION

PixelsPrinted will be happy to help you cancel your order prior to starting work on your proof. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.

If a job is canceled, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is 50% of the total transaction.

There is a NO REFUND policy for Logo and Graphic Design Service orders that have been placed and work has began.

All work and services rendered to Customer remains PixelsPrinted’s property until Customer has paid for it and discharged all other debts owing to PixelsPrinted. If Customer misuses service(s) in any way, PixelsPrintedreserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).

RETURNS AND REFUNDS

Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.

Customer must notify PixelsPrinted within 6 business days of order acceptance to notify any defects discovered in the ordered product.

COUPONS

Coupons cannot be combined.

ORDER SHIPPING & DELIVERY

PixelsPrinted will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall PixelsPrintedbe liable for any consequential or damages resulting from any delay in shipment or delivery.

All PixelsPrinted customers agree not to hold PixelsPrinted liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond PixelsPrinted’s direct control. PixelsPrinted shipment and delivery dates are calculated based upon estimates provided by our suppliers.

PixelsPrinted will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. However, technical difficulty will not be the grounds for order cancellation.

Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for PixelsPrinted to relay your information to the shipping carrier for the arrival scan, and the following 3 business days/non-holidays for your shipment to arrive.

Please note, some orders may receive tracking information on a Saturday, although the order will not leave our facility until the following business day. In the case of a Monday holiday, the order will leave our facility the following business day.

Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.

CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS

Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. PixelsPrinted does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.

All shipments of $17 dollars or more to Canada are subject to "Custom Clearance Fees" (these duties are included in our shipping and handling charges). All shipments of $17 dollars or more are also subject to Canadian taxes: HST, GST, PST, and QST, depending on their ship to address. Customers are responsible for payment of all duties and taxes. Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.

Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.

SHIPPING ERRORS & LOST PACKAGES

Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. PixelsPrinted is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, PixelsPrinted will reship the package with corrected address and charge a shipping fee for the shipment.