Terms of Service
CREATIVE IMAGING Terms and Conditions
NOTICE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER WITH CREATIVE IMAGING YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATES BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE OR PLACE AN ORDER. ANY MODIFICATIONS PROPOSED BY CUSTOMER ARE NOT PART OF THE PARTIES’ AGREEMENT IN THE ABSENCE OF CREATIVE IMAGING WRITTEN ACCEPTANCE THEREOF. ANY TERMS OR PROVISIONS IN THE ORDER WHICH ARE ANY WAY INCONSISTENT WITH THOSE HEREIN SHALL BE NULL AND VOID AND THE TERMS AND CONDITIONS HEREIN SHALL CONTROL.CREATIVE IMAGING RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other material (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Creative Imaging, are entirely responsible for all Content that you send, upload, post or transmit. 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 Creative Imaging to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything that Creative Imaging determines to be 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/extortion; (iii) any matter advocating or urging the violation of liberties granted to living beings by their Creator; (iv) any defamatory remarks directed at any individual person; or (v) any Content that infringes the intellectual property rights or other proprietary rights of Creative Imaging, or any third party. Creative Imaging does not control Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstance will Creative Imaging 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 the Customer’s 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 acknowledge that Creative Imaging, does not pre-screen Content, but that Creative Imaging 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 Creative Imaging 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 Creative Imaging, its customers, users and/or the public. In addition, Creative Imaging, does not ask for verification of the products or services you are requesting in regard to your official affiliation with the organization you are claiming to represent. We will process your order, however, Creative Imaging will not be held liable for any claim of any kind relating to fraudulent use, or alleged fraudulent use, of products purchased.
LIMITATION OF LIABILITY
In no event shall Creative Imaging or its licensors, suppliers, vendors, officers, director, members, managers, 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, profits, or business opportunities, whether or not Creative Imaging, has been advised of the possibility of the damage, arising out of or in connection with the use or performance of the site, failure to provide services that you order from Creative Imaging, or its affiliates, printing errors, or any other matter related to this contract, including without limitation, damages arising from the mistake, omission, virus, printing error, delay, or interruption of service. In no event shall Creative Imaging, be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
GOVERNING LAW
Creative Imaging, is based in Pleasanton, CA and all transactions shall be deemed to have taken place at CREATIVE IMAGING Location. Any legal action or proceeding relating to or arising from your access to or use of this Site or your placing of any order shall be instituted solely in a court of competent jurisdiction located in Alameda County. You agree to submit to the exclusive jurisdiction of the courts of Alameda County, CA that venue in these courts is proper in any such legal action or proceeding, and that you will not claim such venue to be an inconvenient forum.
INDEMNITY
You agree that you shall indemnify and defend Creative Imaging, and all parties from whom Creative Imaging, has licensed portions of Content, together with their respective directors, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or any other terms of your order, (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products, and (ii) any misrepresentation or violation of applicable law made or committed by you or on your behalf.
ORDER APPROVAL
Customer is fully responsible for the creation of, laying out of, and proofing of all Content. Creative Imaging recommends and accepts print ready art. Creative Imaging, is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling
Graphics
Bleeds
Grammar
Fonts
Punctuation
Die Lines
Crop Marks
Transparency
Overprint
Finished Product Size
Wrong Telephone Number or Address
Creative Imaging, DOES NOT make any changes to Customer files.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All images should be provided in RGB format at full scale. Files should be created with the proper RGB color profile on a properly calibrated computer screen for best color results. CREATIVE IMAGING is not responsible for any color shift that occurs in color space conversions.
All artwork, designs and images must be provided in minimum of 150 dpi and RGB color space.Creative Imaging, is not responsible for images printed as fuzzy, distorted or pixelated due to Customer provided artwork. CREATIVE IMAGING will use commercially reasonable efforts to make sure the prints come out as good as they can.
PAYMENT AND PROCESSING
CREATIVE IMAGING will not process any order until we have received payment for it; that means that your credit card is charged when you place your order with us, not when it ships. Please understand if there are any other charges we will contact you to charge your card again over the phone. We DO NOT keep your credit card information on hand for any reason, once it is charged it goes through our card processor. We keep the last 4 digits only so that you can reference the credit card you used to make your purchase.
TECHNICAL DIFFICULTIES
In the event of technical difficulties pertaining to Creative Imaging, we cannot be held liable for any technical difficulties that are the result of error on the part of the hosting company, the upstream provider or the end user. Data center issues including any power outages or hardware failures can be faulted to the applicable data center. Customer issues including operating system faults, virus or spyware problems, and browser incompatibilities are not the responsibility our problem of Creative Imaging. We recommend that you keep all of your software and virus protection up to date to successfully avoid any issues.
REFUSAL OF SERVICE
We reserve the right to refuse service without disclosing a reason, as permitted by applicable law.
These Terms and Conditions were last modified as of 12/1/2020
