Terms and Conditions of Order
1. You are 100% responsible for the accuracy of your
layouts. Please proof-read all layout proofs
carefully. As postal regulations are subject to change,
you are also 100% responsible for complying with
current mailing restrictions for backside layouts.
2. All postcards are "gang printed." Stellar Concepts & Design,
Inc. will reproduce color from submitted
digital layouts, files, transparencies, slides, or photos
as closely as possible, but cannot exactly match
color and density (as viewed in a 5000K light booth)
because of limitations in the printing process, as well
as neighboring image ink requirements. The accuracy of
each color reproduction is guaranteed to be
within 85-90% of the original image you submitted. We
accept no responsibility for color variations
between submitted images and the actual artwork or product
they represent. Please note that what you
see on your monitor or what you can print out of your
inkjet printer at home have NOTHING to do with
how it will come out on press. They use RGB color space
and we print in a limited CMYK color space.
3. No refunds given once we begin your order, which means
we have received your necessary materials
(images, text or digital files and payment) and started
work on your job. No partial refunds given for work
not completed. We offer in-house credit only for issues
created by Stellar Concepts & Design. In the
event of a dispute, contractor will be notified within
3 business days from time of purchase after which
contractor is no longer liable nor responsible for any
restitution to the cardholder.
4. Quoted Turnaround Times start only after all materials necessary
to complete your order have been
received. Completion of your job within our regular
Turnaround Time is pursuant to receipt of your signed
layout/final approval. Allow additional time for
YOUR selected method of delivery. Expected delivery
date and Turnaround Times are not guaranteed. Your
order may arrive late due to unforeseen delays in
delivery service, the breakdown of equipment, bad
weather, etc. Click here for details about Express
Service. Quoted turnaround times are based upon the
PRODUCTION of your order only. If you
contracted Stellar Concepts & Design for design, that time is ADDITIONAL
to the quoted production time.
- All flyers (gangrun printing) with a 24-48 hour turnaround.
Any and all cancellations MUST be made in "writing" and sent via email and/or fax within 4 hours from the time the order was placed.? Due to the extremely fast turnaround along with the amount of time?necessary to produce said work, gives us the cancellation time.
- All Specialty Jobs
Any and all cancellations MUST be made in "writing" and sent via email and/or fax within 24 hours from the time the order was placed with verification of receipt.
5. All materials we create in producing your postcard are the property
of Stellar Concepts & Design, Inc..
This includes typeset layouts and color scans. These
materials will NOT be sold or given to any other
party. We reserve the right to distribute free samples
of your postcard. Your images will not be used in
any national advertising without your prior consent.
6. You certify that you own the rights to use the image(s) being reproduced
on your postcard. 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. If you require that we
send back any of your materials, we will do so at your
expense.
7. When using our Mailing Services, Stellar Concepts & Design, Inc.
shall be liable to rectify errors only to
the extent of re-mailing a correction or corrected job
as soon as possible, and allowable damages shall be
limited to the value of the work performed. In no case
is Stellar Concepts & Design, Inc. liable for loss of
business or implied damages. Stellar Concepts & Design, Inc.'s responsibility
is limited to preparing your
mailing and completing delivery to the U.S. Postal Service.
Stellar Concepts & Design, Inc. shall not be
liable for USPS performance failures or delivery delays.
Customer's mailing list(s), while in the
possession of Stellar Concepts & Design, Inc., is the exclusive property
of the customer and shall be used only with customer's
instructions. Customer's mailing list(s) will not be
sold or offered for use to any
other party, and Stellar Concepts & Design, Inc. will not utilize the
list for any other purpose.
Terms and Conditions of Use/Website
Stellar Concepts & Design, Inc.
provides its services to you
subject to the following Terms and Conditions. If you
visit, use a service, or make purchases at
Stellarconcepts.com or any other web sites (collectively,
the "Site") operated by
Stellar Concepts & Design, Inc. or one of its divisions or subsidiaries
(collectively, "SCD"), you agree to
abide by these Terms and Conditions when you use the
Site. If you do not agree to these Terms and
Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License We grant you a nonexclusive,
nontransferable, limited right to access and
display the Site and the material provided herein for
personal use, provided that you comply fully with
these Terms and Conditions of Use. No portion of the
Site may be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial
purpose without the express written consent of
SCD. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of SCD without our express written
consent. You may not use any meta tags or any other "hidden text" utilizing
SCD's name or trademarks
without the express written consent of SCD. Any unauthorized
use terminates the license granted by
SCD. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page
of Stellarconcepts.com so long as the link does not portray
SCD, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any SCD logo or other
proprietary graphic or trademark as part of the link
without express written permission.
2. Prohibited Uses Unauthorized use or modification of
any information stored on the Site may result in
criminal and/or civil prosecution under Federal, State
and local law. You may not use the Site for anything
other than a lawful and legitimate business purpose.
You agree not to use the Site to (i) promote any
unlawful activity or purpose, including without limitation,
any activity that could give rise to criminal or civil
liability; (ii) carry out any unauthorized alteration
of any data or information on or supplied by another
user of the Site; or (ii) conduct any activity that infringes
on the copyright, patent, trademark, service mark or
other rights of any person or entity. You shall not
restrict or inhibit any other user from using and enjoying
any service conducted on the Site. You are solely responsible
for the content of any transmissions you
make to the Site or to any SCD employee. You agree that
you will not send, post or otherwise publish
through the Site, any message, material, user name or
other communication that : (i) is unlawful,
offensive, obscene, vulgar, indecent, pornographic, profane,
sexually-oriented, threatening, abusive, false
or misleading with respect to origin or fact, slanderous,
libelous or defamatory; (ii) impersonates any
person or entity; (iii) provides personally identifiable
information of any person or entity such as an
address or phone number; (iv) constitutes or encourages
the conduct of a criminal offense; (v) gives rise
to liability; (vi) promotes the use of controlled substances;
(vii) causes injury of any kind to any person or
entity; (viii) infringes or violates the intellectual
property rights, contract rights, or any other rights
of any
third party; (ix) contains harmful or malicious components
or code designed to interrupt, destroy or limit
the functionality of any computer software or hardware
or telecommunications equipment; or (x) creates a
link to another Site. You agree not to interrupt, or
attempt to interrupt, the operation of the Site in any
way.
You may not advertise or solicit on or through the Site
without express written permission. You agree that
you will not use the Site for chain letter, junk mail, "spamming," solicitations
(commercial or non-
commercial) or bulk communications of any kind including,
but not limited to, distribution lists to any
person who has not given specific permission to be included
in such a list.
3. Usage and Monitoring SCD does not regularly review the contents of the
material posted to the Site.
If you use the Site, you are responsible for maintaining
the confidentiality of your account and password
and for restricting access to your computer, and you
agree to accept responsibility for all activities that
occur under your account or password. SCD does sell products
for children. If you are under 18, you may
use Stellarconcepts.com only with involvement of a parent
or guardian. SCD reserves the right to refuse
service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion. While SCD has
no obligation to monitor the Site and is not responsible
for the content of any messages, information or
files transmitted on the Site, SCD reserves the right
to delete and take other appropriate action with
respect to such messages, information or files with which
SCD, in its sole discretion, deems objectionable
or otherwise in violation of these Terms and Conditions,
including denying access to the site to anyone at
anytime. If you do post or submit content, you represent
and warrant that you own or otherwise control
all of the rights to the content that you submit; that
the content is accurate; that use of the content you
supply does not violate any rights and will not cause
injury to any person or entity; and that you will
indemnify SCD for all claims resulting from content you
supply. SCD respects the intellectual property of
others. If you believe that your material has been copied
in a way that constitutes copyright or trademark
infringement, please notify us immediately. We reserve
the right to distribute free samples of your
postcard.
4. Privacy Your use of the Site constitutes your consent to SCD's privacy
policy posted at
Stellarconcepts.com which is updated from time to time.
5. Copyright Ownership All content included on the Site, including but
not limited to text, graphics,
photographs, logos, and software, and all derivative
rights thereof is the property of SCD or its content
suppliers and is protected by United States and international
copyright laws. Unauthorized copying,
reproduction, republishing, uploading, downloading, posting,
transmitting or duplicating any of the
material is prohibited. SCD and its content suppliers
do not grant any express or implied rights to you
under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership STELLAR CONCEPTS & DESIGN, INC.®,
and other related trademarks and
service marks are the property of SCD and are protected
by United States and international trademark
law. They may not be used without the written permission
from SCD and all rights are reserved.
7. Web Linking Links may appear
on the Site that link to other web sites. These links
are provided as a courtesy to our visitors. SCD has no
control over the linked web sites or other materials,
information, goods or services available or contained on these linked
sites. SCD is not responsible for and does not
endorse or guarantee accuracy in any way of such sites.
If you decide to access any of the linked sites,
you do so entirely at your own risk. SCD reserves the
right to terminate any link at any time.
8. Purchases All items purchased
from SCD are made pursuant to a shipment contract. This means that
the risk of loss and title for such items pass to you
upon our delivery to the carrier.
9. Disclaimer and Limitation of Damages (a)
SCD is neither responsible nor liable for any viruses
or other contamination of your computer system or other
device used to access the Site as a result of your use of
the Site. The site (including, without limitation, all
content, software, functions, materials and information
made available or described on the site or accessed by means thereof) is
provided "as is," without
representations or warranties of any kind, either express
or implied, including, without limitation, any
express or implied warranty of merchantability, fitness
for a particular purpose, title, compatibility,
security, accuracy, or non-infringement. Without limiting
the foregoing, SCD makes no warranty or
representation, either express or implied, that access
to or operation of the Site will be uninterrupted or
error free. In no event will SCD, its suppliers, or
any other party involved in creating, producing or
delivering the Site's content be liable for the truth,
accuracy or completeness of any information on the
Site, for errors or mistakes made by humans or machines,
or for any actual, special, indirect, incidental or
consequential damages that may arise from the use of,
or the inability to use, the Site and/or the
materials and information contained on or available through
the Site. The limitations herein may not apply
in certain jurisdictions. (b) Any reliance upon any advice,
opinion, statement other information displayed
or distributed through the Site is at your sole risk.
SCD reserves the right, in its sole discretion and without
notice to deny access to the Site to anyone at any time.
Neither SCD nor its affiliates shall have any
liability arising from your reliance upon the information
provided on the Site. (c) Use of the Site is at your
own risk. You assume full responsibility and risk of
loss resulting from your downloading and/or use of
files, information, other communications, content or
other material (including, without limitation, software)
accessed through or obtained by means of the Site. (d)
We make no guaranty of confidentiality or
privacy of any communication or information transmitted
on the Site or any site linked to the Site. We will
not be liable for the privacy of e-mail addresses, registration
and identification information, disk space, communications,
confidential or trade-secret information, or any other
content stored on our equipment,
transmitted over networks accessed by the Site, or otherwise
connected with your use of the Site.
10. Indemnification You agree to
indemnify and hold SCD and its parent companies, subsidiaries,
affiliates, officers, directors and employees, harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your use of the Site, violation of these
Terms and Conditions, or other infringement by you, or
any other user of your member name, of any
intellectual property or other right of any person or
entity.
11. Applicable Laws SCD operates
the Site from its offices in Florida and makes no representations
that materials in the Site are appropriate or available
for use in other locations. Access to the Site from any
territory where the content is illegal is prohibited.
If you choose to access the Site from other locations,
you do so at your own risk and are solely responsible
for compliance with any and all applicable laws and
regulations. The display of the Site alone does not subject
SCD to any specific jurisdiction. You may not
use or export any of the Site materials in violation
of U.S. export laws and regulations. If any of the terms
herein shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed
severable and shall not affect the validity or enforceability
of any remaining terms or conditions. Any claim
related to the use of the Site or to the Site materials
shall be governed by, construed and enforced in
accordance with the laws of the State of Florida as applied
to agreements made and to be performed
entirely therein. The parties consent to venue and personal
jurisdiction in Fort Lauderdale, Florida and
any action brought in connection with the Site or Site
content shall be brought in either the state or federal
courts in Fort Lauderdale, Florida. Communications made
through the Site's e-mail and messaging
system shall in no way be deemed to constitute legal
notice to SCD or any of its officers, employees,
agents or representatives, such as where notice to SCD
is required by contract, or any federal, state or
local laws, rules or regulations.
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