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TERMS & CONDITIONS AND TERMS OF USE
Please read these carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. The Ideal Card & INKGILITY reserve 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
COPYRIGHTED MATERIALS FOR LIMITED USE
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of The Ideal Card & INKGILITY INC., and/or its subsidiaries (referred to herein as “INKGILITY”) or the copyrighted property of parties from whom INKGILITY 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. INKGILITY reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or INKGILITY remain the property of INKGILITY and its licensors. The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. INKGILITY reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other INKGILITY customers may use the design tools to create designs that have similar or identical combinations of these elements and INKGILITY does not guarantee that your design will not have similarities to designs designed and used by other parties. INKGILITY provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.
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 (referred to herein as “Products”) solely through INKGILITY. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from INKGILITY does not entitle you to use any portion of Content apart from the finished Products as they are supplied by INKGILITY. 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.
INKGILITY may terminate its service to customers found to be using INKGILITY 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 INKGILITY to produce the Products on your behalf. You grant INKGILITY the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit INKGILITY to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. INKGILITY reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. 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.
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, our project management system, 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 our website, or another website given to the customer.
SITE INDEMNIFICATION
You agree that you shall indemnify and defend INKGILITY and all parties from whom INKGILITY 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.
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 the 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.
LIMITATION OF LIABILITY
In no event shall INKGILITY 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 INKGILITY 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 INKGILITY or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall INKGILITY 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.
ORDER APPROVAL
The customer is fully responsible for final proof and layout approval prior to the printing process.
INKGILITY is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size
INDEMNITY
By submitting your print ready files to INKGILITY you 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.
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 INKGILITY, are entirely responsible for all Content that you use from our 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 INKGILITY or any third party. INKGILITY does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will INKGILITY 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. Your Content may be used in our advertising or as a reference sample.
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 INKGILITY does not pre-screen Content, but that INKGILITY 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 INKGILITY 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 INKGILITY, its users and the public.
ACCESS TO CONTENT
We advise that you have a copy of all files and content uploaded to INKGILITY, as we will not be able to send back any of your files/content at any given time. Upon completion of your order, content developed for it may be removed/deleted at any time without notice.
Content and Proofs created by INKGILITY ‘s Design Services will remain available in perpetuity, barring catastrophic data loss.
INKGILITY 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.
USE OF CONTENT
You understand that all designs created for you by INKGILITY containing any information, data, text, photographs, graphics, messages may be featured on our website or any of our social media pages for promotional purposes.
If you do not want us to feature any of your projects, please inform us by sending an email to sales@inkgility.com
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images for print must be provided in CMYK format.
INKGILITY is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. INKGILITY is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING, MATCHING & PRINTING
INKGILITY is not liable for color matching or ink density on screen proofs approved by the customer. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
INKGILITY will try it’s best to match the gradient density of each color.
INKGILITY is not liable for the final appearance of a color.
SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to INKGILITY in connection with the operation or content of this Site shall be provided by the submitter and received by INKGILITY on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of INKGILITY. By submitting any such information to INKGILITY, 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 INKGILITY shall be free to use such information on an unrestricted basis.
GOVERNING LAW
The party you are contracting with and the seller of the products and services offered and sold on this Site is INKGILITY INC., a company organized under the laws of The USA with its headquarters in New York, USA.
All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of The United States of America, including matters relating to your access to, or use, of this Site.
Any legal action or proceeding relating to, or arising from, your access to or use of this Site shall be instituted in The United States of America. You agree to submit to the jurisdiction of courts sitting in The United States of America and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving INKGILITY that a court sitting in The United States of America is an inconvenient forum for such legal action or proceeding.
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, our project management system, 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 our website, or another website given to the customer.
SITE INDEMNIFICATION
You agree that you shall indemnify and defend INKGILITY and all parties from whom INKGILITY 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.
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.
LIMITATION OF LIABILITY
In no event shall INKGILITY 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 INKGILITY 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 INKGILITY or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall INKGILITY 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.
ORDER APPROVAL
Customer is fully responsible for final proof and layout approval prior to the printing process.
INKGILITY is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size.
INDEMNITY
By submitting your print ready files to INKGILITY you 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.
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 INKGILITY, are entirely responsible for all Content that you use from our 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 INKGILITY or any third party. INKGILITY does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will INKGILITY 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. Your Content may be used in our advertising or as a reference sample.
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 INKGILITY does not pre-screen Content, but that INKGILITY 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 INKGILITY 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 INKGILITY, its users and the public.
ACCESS TO CONTENT
We advise that you have a copy of all files and content uploaded to INKGILITY, as we will not be able to send back any of your files/content at any given time. Upon completion of your order, content developed for it may be removed/deleted at any time without notice.
Content and Proofs created by INKGILITY ‘s Design Services will remain available in perpetuity, barring catastrophic data loss.
INKGILITY 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.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images for print must be provided in CMYK format.
INKGILITY is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. INKGILITY is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
COLOR PROOFING, MATCHING & PRINTING
INKGILITY is not liable for color matching or ink density on screen proofs approved by the customer. Screen proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density.
INKGILITY will try it’s best to match the gradient density of each color.
INKGILITY is not liable for the final appearance of a color.
