Terms of Service | online printing - print design company | cflyer.com

Terms and Conditions

The following Terms of Use govern your access to and use of cflyer.com, so please read them carefully. When you access or use this Site, you agree to be bound by these Terms of Use. Additionally, various sections or services of this Site may have other posted rules, restrictions, or guidelines that are hereby incorporated into these Terms of Use. Without giving prior notice, cflyer.com reserves the right to make changes to this Terms of Use statement and this Site at any time. It is important that you review these Terms of Use for changes each time you access this Site.

IF YOU DO NOT AGREE TO OUR TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.


Section A: CFlyer's Creative Products Limits

1- Limits of Use:

The purchase of any produced form of the Creative Flyer only gives you the right to use it in the way you receive it as a onetime product with no right to copy, recopy, design, redesign, edit, print, reprint, produce, reproduce, publish, republish, write, rewrite, sell, exchange or any other kind of uses to CFlyer, Inc.'s Creative Advertising models or Creative Product on any medium without written permission from CFlyer, Inc.

2- Limits of Control to:

The contents of the Creative Products are and shall remain the property of cflyer.com, who has the sole control over them, their production process and their source of creation. Furthermore, cflyer.com has the full right and freedom to use its Creative Products for other commercial purposes, without notification to you, in any mean, such as promotions for third parties through the acceptance of their provided contents and materials as a complete creative product or within our created Creative Products.

If you are a printing customer, your control over your CFlyer promotion will be limited to:
  • the approval or disapproval of the Creative Product(s) included on your promotion.
  • the request of adjustments in the general overall look of the combination of your promotion design and Creative Product(s).
  • Only CDrizzle customers will have the right to request changes and adjustments within the contents of CFlyer's solely owned Creative Products.

3- Distribution Lock:

Your right of use to your purchased CFlyer Creative Product is limited to the targeted zip code(s) that you assign in your order, and it cannot be distributed, in any means, outside that area. This is in respect to the mutual interests of all our clients, including yours, to have an effective and unique advertising campaign within their local markets and protects each to their rights of use.CFlyer,Inc. considers any violation to the conditions, rights and limits above, or other limits mentioned elsewhere in this agreement or within the entire website, a violation to its service agreement and to its copyrights and intellectual property rights.

4- Creative Products Minimum:

Your minimum order for any CFlyer Creative Product must average 500 copies per each targeted zip code.

5- In respect to CFlyer, Inc's copyrights and intellectual rights, the following MUST, and will, appear on any purchased CFlyer Creative Product:

  • The date and assigned postal area of your campaign
  • The style number(s) of the creative product(s) used in your campaign
  • The creators (artists and/or writers) of any artistic work will be credited on such material, along with its source (if any), such as a website, a book, etc.
  • "This Creative Printed Promotion and all its contents do not necessarily represent or reflect the actual points of view of CFlyer, Inc., its affiliates, employees or those of the individuals who created them".
  • "Unauthorized use or reproduction of CFlyer, Inc.'s Creative Advertising models, and/or any of its contents is prohibited. 2011 CFlyer, Inc. All rights reserved"

6- Ideas, writings, drawings and any other contents of CFlyer's Creative Products:

  • are for entertainment purpose(s) and/or the sharing of journalistic information only and should not be taken out of their intended context or this entertainment purpose(s) at anytime.
  • do not necessarily represent or reflect the actual points of view of CFlyer, Inc., its affiliates, clients, employees, nor those of the individuals who created them.

Section B: Coupon Service

Fees

While cflyer.com currently offers its Coupon Submission Service as a 100% free of charge service, it retains the right to change or terminate the policy at any time and without prior notice.

Coupon Review and Posting

We check and review each submitted promotion and reserve the right to refuse or approve any promotion for placement on cflyer.com.If we post your promotion on cflyer.com, you have the right to adjust and edit its contents at any time. Adjustments will not appear on the Site until they have been checked and reviewed under our same right to approve or refuse placement on cflyer.com.

No Liability for Errors

We do not make any changes to customer files. We are not liable for any error in a final posting on cflyer.com caused by any of the following: Colors, Damaged Fonts, Grammar, Graphics, Misspellings, Punctuation, etc.

Section C: Printing Related Services

Printing Products, Graphic Design Service link to: graphicdesign-service.html, Creative Products and Direct Mail service

Payment

All printing related services on this Site are paid services.
All prices, discounts and offers on this Site are subject to change without notice.
Unless otherwise noted, all prices and amounts shown on this Site are in U.S. Dollars (USD).
When a User places an order for any service or product on cflyer.com, the User agrees that all associated charges (taxes and shipping/handling fees) will be automatically charged to the User's credit card, or paid by User with a previously approved method of payment. Before we start any order, we require payment in full, including shipping and handling fees, if applicable
Once we receive final proof approval from a customer for a job and it has been "sent to press," no changes to artwork, files, job characteristics, or Printing Turnaround Time will be permitted.

Refund Policy for our paid services

Because each order is unique and customized to the customer's exact specifications by man hours worked, and therefore has no re-sale value, all sales are final. Once cflyer.com has begun working on an order (required digital files and payment have been received and production has started), no refund will be given

In the event of errors or defects on the behalf of cflyer.com, we must be notified within 24 hours of the order's delivery to you. If we verify the error was made by us, we will re-run the order.

To receive a replacement for defective printing services, the customer must return 100% of the order, at customer's expense and within 5 days of customer's receipt, in order to receive a replacement. Upon receipt of the defective order, we will then re-run the order, with the same turnaround, and send it out by the same paid shipping method. Shipping is non-refundable.

Under some circumstances, cflyer.com may issue a partial or full refund for an order if no work has been completed. In such instances, refunds will be adjusted to cover any proof fees or other charged services associated with the cancelled order as well as merchant bank fees for credit card transactions.

When you submit an order for products or services on cflyer.com, it is a contract between you, the customer making the order, and cflyer.com. The fact that you may be acting on behalf of a third party does not absolve you of liability to cflyer.com. If you act on behalf of a third party, and that third party decides to cancel or reject an order you have submitted to cflyer.com, you are still liable to cflyer.com for that order.

Sales Tax

Sales tax will be charged on any order placed within the state of California unless you are tax exempt. If you are tax exempt, we will need your tax exemption certificate to avoid charging sales tax on your order.

Customs, Duties And Taxes For International Orders

If your order is shipped internationally from the U.S., your country of destination might levy import fees (customs duties and fees) to it. Typically, such fees are levied when the shipment reaches your country. The responsibility for all import fees and customs clearances on your order is yours. Import and customs policies vary from country to country and we cannot provide you with a list of specific fees nor the cost associated with any of them. As the importer and the customer, it is your responsibility to check all the import fees, requirements and restrictions of your country before placing your order. Please be advised that customs clearance procedures can cause delays beyond our control and delivery estimates. This excludes Canadian orders. Contact your local customs office for further information.

Proofs

We will not send any job to press without customer approval. After we have received your file upload, we will make a proof of your order available on online for you to review and approve. (Depending on our current workload, actual times may vary.) It is your responsibility to log onto your account and check your proof. We are not liable for any delay caused by the non-approval of your proof.

Please note, online proofs are by no means an accurate color reproduction of your final printed order. What they are is an opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show color change from RGB or Pantone to CMYK nor do they show transparency and over print issues.

Prior to final approval, you should check your proof against your original file for possible errors in copy, layout and image placement, punctuation or spacing. Once we have received your final approval, you are fully responsible for all that it contains.

If your order includes cflyer.com's Creative Products, any requested adjustments will be limited to your promotion's design contents and the general overall look of your printed order. The contents of the Creative Products are and shall remain the property of cflyer.com, who has sole control over them.

FEES FOR EXTRA OR ADDITIONAL PROOFS

The first two proofs for each order are included free in the printing price. Each additional proof request, or file replacement, will be charged at $20 each.

Color Accuracy

We reproduce color from your submitted print-ready files as closely as possible and use our best efforts to match the gradient density of each color. However, because of inherent limitations with the printing process, including ink requirements with neighboring images, cflyer.com cannot guarantee exact match of color and density nor accept responsibility for variations produced during reproduction. When you place an order with cflyer.com, you agree to this limitation. Requests for reprinting due to color variations as a result of the printing process will not be honored. Additionally, we are not liable for color matching or ink density on your approved proofs. Proofs do not provide color or density accuracy, but offer an opportunity to visualize the overall design layout, accuracy of text, image proportion and placement.

Any application of UV coating is done so at the customer's risk. UV coating may or may not effect or change the appearance of printed colors, and therefore, cflyer.com, takes no responsibility for color variations of any UV coated product.

Overprint and Underprint Policy

With the gang run printing method that we use, cflyer.com cannot guarantee the exact number of pieces ordered. We will use our best efforts to do so, but we can only guarantee a 10% plus or minus of the total number ordered.

No Liability for Errors

cflyer.com does not make any changes on customer files. We are not liable for errors in a final product caused by any of the following reasons: bleeds, cracks on folds, crop marks, die lines, finished product size, folds that are incorrect or missing, grammar, graphics, misspellings, overprint, punctuation, transparency, wrong cuts.

Printing Turnaround Time

Your printing turnaround time will begin when we have received your final proof approval and payment in full. It does NOT begin when you submit files or when the order is first placed.

Orders must be received by 9:00 A.M. PST (12 noon EST) and proofs approved to press by 1:00 P.M. PST (4:00 P.M. EST) for printing turnaround time to begin the following business day. For orders received and approved at later times, the start of printing turnaround time will be delayed one business day.

When calculating the printing turnaround time, be advised that Saturdays, Sundays and holidays are excluded, as with production turnaround time (printing, cutting, and binding). The estimated production turnaround we provide on cflyer.com is based on the typical time it takes to complete a similar job under normal circumstances, and does not include time for design, combining creative products or mailing and shipping times. Additional business days for delivery, based on the shipping method you select, should also be considered.

Once a job has received approved proofs and payment, printing turnaround time is guaranteed. The only permitted cancellation of an order based on printing turnaround time is if you, at the time you placed the order, indicated in writing that the job is time sensitive and must be shipped by the target date on your selected printing turnaround option. In the event we fail to meet a deadline, you agree to a pro-rated refund of any rush charges or a courtesy rush on your next order. cflyer.com will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping

Currently all shipping is done via UPS. Please note, estimated transit and delivery times of all shipments are based on business days in transit. It does not include weekends, holidays or the day of pick up by UPS. For instance, a 2nd Day Air order that is picked up on a Thursday will not be delivered until the following Monday. We assume no responsibility for delays in delivery caused by shipping carriers or weather conditions. Nor are we liable for the failure to receive a job on time, or for unforeseen factors such as equipment breakdown, illness, etc. All shipments require a physical address. We cannot ship to P.O. Boxes or APO/FPO.

cflyer.com's shipping responsibility is limited to the preparation of your order and delivery to UPS for shipment. We are not liable for damages which might occur during shipping.

Missing a Pick Up

If a pick-up order has not been removed from cflyer.com's facility within 30 days of an emailed pick-up notification, it will be shipped, at customer's expense, directly to the customer via ground shipping.

Incorrect Addresses

If an order cannot be delivered and is returned due to customer error, cflyer.com will reship the order after the error has been corrected and an additional shipping fee charged to the customer.

Target Arrival

A target arrival date is calculated on the total business days of the estimated printing turnaround time and the estimated shipping transit time. Target arrival dates are estimates, not guarantees, and while cflyer.com will do its best effort to meet your target arrival date, factors beyond our control may impede our ability to do so.

Mailing Services

A customer's mailing list(s) in the possession of cflyer.com will not be sold or offered to any other party, nor utilized for any purpose other than that instructed by the customer.

As with shipping, Mailing Service delivery dates are estimates, not guarantees. Our responsibility at cflyer.com is limited to the preparation of your mailing and the delivery of it to the U.S. Postal Service ("USPS"). Once your mailing is delivered to the Los Angeles, California Business Mail Entry Unit, our responsibility ends. Under no circumstances shall cflyer.com be liable for the performance failures or delivery delays of the USPS.

If cflyer.com is at fault for a mailing error, our liability shall be limited to rectifying the printing and/or mailing error and re-mailing a corrected job as soon as possible. Under no circumstance shall cflyer.com be held liable for the loss of business, or any costs in excess of the billing to cflyer.com for the services of the specific job. All damages shall be limited to the value of the printing work performed.

The customer will defend and hold cflyer.com harmless in any suit or court action brought against cflyer.com by others for alleged damages, costs or expenses (including reasonable attorney's fees) where cflyer.com, acting as the customer's agent, uses materials (copy, images, pictures, illustrations, etc.) supplied by the customer, or the customer's employees, that are deemed by others to be degrading, libelous or harmful to their reputations, images, or community standing, or infringe on a trademark, trade name, service mark, or copyright.

Miscellaneous

All complaints on completed jobs must be made within 24 hours of receipt. If your order contains manufacturing errors, omissions or defects (as determined by cflyer.com), we will rerun it at no charge.

All materials we create in the production of your order remain the property of cflyer.com. While your printed product or the images you supply will not be sold or given to any other party, or used in any advertising promotion without your prior written consent, we reserve the right to distribute your printed product as free samples.

Promotion Design Files

All artwork, designs or images provided by you to cflyer.com must be in the CMYK format. We cannot be responsible for any shift in color that might occur in the conversion from RGB to CMYK color modes.

A minimum of 350 DPI and CMYK color mode is required for all artwork, designs and images that you submit to cflyer.com. We are not responsible for images printed fuzzy, distorted or pixilated due to the artwork you provide.

You certify that you have the right to use any image(s) you submit to cflyer.com. DO NOT send original or "one-of-kind" artwork, prints or transparencies. Although every precaution is taken to protect your materials, we are not responsible for damage to or loss of any submitted image or text. We strongly encourage you to carefully proofread your files before submitting them to cflyer.com. While we pre-press check all submitted files before printing, the responsibility for the accuracy of your print-ready files is yours, and yours alone. We are not responsible for the alignment or orientation of any page you submit to cflyer.com.

Section D: General Terms and Conditions

Intellectual and Copyright Statement and Agreement

cflyer.com and only cflyer.com has the sole worldwide ownership of CFlyer, Inc.'s Creative Printed Promotion model and to CFlyer's creative artworks, document layouts, graphics, icons, ideas, images, materials, photographs, software, text, tools, and other information (referred to herein as "Content"). No right is given by the purchase of any cflyer.com product or service, the visitation to cflyer.com or receipt of information about cflyer.com's Contents from any written, visual or audile source, to copy, recopy, create, recreate, design, redesign, edit, print, reprint, publish, republish, produce, reproduce, write, rewrite, sell, exchange or for any kind of use, the Creative Flyer advertising method and CFlyer's Contents on any medium without prior written permission from cflyer.com.

Liability of campaign results

You affirm that cflyer.com is an advertising tool, and that your purchase or use of any of its products or services is for that purpose. Once we have received your approval for your order, cflyer.com will have no liability or responsibility for the results of your use of our products and services, including failure to reach your objectives, conflicts with customers, or the violation of any public law, origination or individual's rights. You have complete responsibility for the contents you approve and the way in which they and your products and/or services are provided to your customers.

Right of Refusal

The policy of cflyer.com is to not accept promotions containing any of the following:
  1. Illegal products or services that violate a public law or regulation
  2. Products or services that have expired
  3. Illegally harmful products or services
  4. Alcohol and tobacco products or illegal drugs
  5. Pornography
  6. Abuse of minors
  7. Weapons or tools intentionally made to be used as weapons
  8. Controversial ideas, 4products or services
  9. Ideas, products or services that are racial or discriminative
  10. Ideas, products or services that are offensive, unlawful, harassing, libelous, threatening, obscene, malicious or otherwise objectionable
  11. Ideas, products or services that violate any person's right of privacy or publicity, infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity

Submitting files or paying for an order does not guarantee a right to cflyer.com's products or services. We retain the right to reject or refuse any order at any time without providing a reason. Any paid order that is rejected will be fully refundable.

Product Similarities

In spite of similarities in our products, or with other products, cflyer.com will not provide the same creative product to clients within the same postal area. We reserve the right to create promotions and creative products that have similar or identical combinations of the elements that you purchased. Further, cflyer.com does not guarantee that your purchased product will not have similarities to products that were provided to other customers.

Customer Responsibilities & Use Restriction

By registering for and opening a cflyer.com account, you agree to take responsibility for protecting the password and the control of access to that account. You also agree to be responsible for all orders placed on, or other actions that are taken through, your registered cflyer.com account.

When you place an order with cflyer.com, you warrant that you have the right, authority and necessary permission to place the order and you authorize cflyer.com to complete the order on your behalf.

You agree that your use of cflyer.com is for the purpose of making legitimate requests for the purchase of offered products or services ("Request"), and you will not make any false or fraudulent Requests.

Unless specifically permitted by cflyer.com, you agree not to use robots or other automated means to access this Site. You also warrant that you are of legal age and are able to enter into legally binding obligations for any liability incurred as the result of your use of cflyer.com. You further agree to keep your account information current, complete and accurate, and to promptly update it as needed.

You hereby acknowledge that it is a violation of law to knowingly place a Request to cflyer.com with a false name or invalid credit card. If you do not provide us with your real name, please be advised that your Web browser transmits a unique Internet address that law enforcement officials can use to identify you. Fraudulent use of cflyer.com may result in prosecution to the fullest extent of the law.

As a shopping resource, and as a service to you, cflyer.com grants you permission to electronically copy and print in hard-copy portions of this Site. Any other use of cflyer.com's Content for any purpose other than that stated above is prohibited without cflyer.com's prior written consent.

Email

While we encourage visitors to cflyer.com to share their comments and questions with us, we are not able to answer or respond to all of them. Please note, you are responsible for any material you submit and that you, not cflyer.com, will have full responsibility for the copyright, originality and reliability of any message that you send us. We assume no responsibility for unsolicited ideas (such as advertising or new product ideas), and we will not incur any liability for any similarity between unsolicited ideas and the products, services or materials that may appear on the Site, or in connection with cflyer.com, now or in the future. For your protection, please do not reveal any confidential information or trade secret in your messages to us. Any, and all, rights to ideas or materials that are submitted to cflyer.com become our exclusive property.

Privacy

You acknowledge and confirm that you have read cflyer.com's Privacy Policy and that you understand and agree to its terms incorporated herein, which you agree are reasonable and satisfactory. In accordance with these terms, and for the purposes set forth in them, you also consent to the use of your personal information by cflyer.com , its third-party providers, and/or distributors. If you do not reside in the United States, you also acknowledge that any information you submit to the Site, including personal information, will be transferred to and processed by cflyer.com http://cflyer.com/ in the United States in order to make this Site available to you, to provide you with services and for any other purposes as set forth in the Privacy Policy

Indemnification

You certify that you have a license to use or you own rights to any image(s) and/or copy you submit to cflyer.com for reproduction on your order. You agree to hold harmless, defend and indemnify cflyer.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the image(s) and/or copy you submit to cflyer.com and to your use of the Site.

Third Parties

If you use or submit Requests to this Site for or on behalf of a third party ("Third Party"), you are responsible for the accuracy and errors of any information you provide in such action and use. Additionally, you are responsible to inform the Third Party of our Private Policy and all Terms and Conditions as they apply to your use of this Site and to all the products or services you acquire through it.

When acting for or on behalf of a Third Party, you, the User, take full responsibility for any Request you submit, including all related fees, charges and performance obligations. You also agree to indemnify and hold harmless all Covered Parties from, and against, any claim, damage, liability, loss, and suit (including the costs of defense) that might arise related your failure, or that of the Third Party, to fulfill any obligation as described above.

User Comments, Feedback and Other Submissions

In connection with your use of this Site, you agree you are solely responsible for the content of any and all comments, feedback, ideas and suggestions (collectively, "Comments") you disclose, offer or submit to a Covered Party. By submitting such Comments, you relinquish all rights to them and they become and remain the exclusive property of cflyer.com. You agree the Comments may be used without your consent by a Covered Party in any medium and for any purpose worldwide. A Covered Party is under no obligation to respond to or pay you for any submitted Comments, nor obligated to keep your Comments confidential, including your first name and the first initial of your last name to any Comments you submit.

Links to other Web sites and Services

The outside services and resources linked to this Site, and their employees and agents, are not related to cflyer.com. Covered Parties do not guarantee or warrant the accuracy of any information or content on those sites. If you have a concern regarding them, contact the particular outside provider directly.

Termination of Usage

Without prior notice, access to and use of this Site in whole or part may be limited, suspended or terminated at any time, and for any reason.

Miscellaneous

For convenience purposes, captions are used throughout the Terms and Conditions but their use does not define or limit the provisions and terms of these Terms and Conditions in any way. Covered Parties are not responsible for technical problems beyond their control, nor for any delay or error caused by an incorrect email address or other information you provide.

Entire Agreement

This Agreement (which consists of the terms and conditions incorporated in these Terms and Conditions and those in the Privacy Policy) constitute the entire agreement between you and each Covered Party. It supersedes any prior agreement or understanding (oral or written), and may only be amended or modified by us in writing, or by our making available on this Site such amendments or modifications. In the event any part or provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement shall remain valid, legal and enforceable and not be impaired or affected in any way.

Governing Law

cflyer.com is based in Los Angeles, CA, where any legal action or proceeding related to or arising from your access to or use of this Site shall be instituted. You agree these courts are proper in any such legal action or proceeding and to submit to the jurisdiction thereof.

Limitation of Liability

Under no circumstances shall CFlyer, Inc., be liable or responsible for any inappropriate or unauthorized use of this Site or its content on your part, nor for any damages or consequences arising from such uses. Further, CFlyer, Inc., its licensors, suppliers, or vendors, and their officers, directors, employees, or agents, shall not be liable for any damages of any kind resulting from loss of data, profits or use in connection with the use or performance of the Site whether or not the possibility of such damage had been made known to cflyer.com. CFlyer, Inc., shall not be liable for any damages for failure to render ordered services from cflyer.com or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service.

Service Providers

Please note that in the course of doing business, cflyer.com may find it necessary to use more than one provider for printing, shipping, etc., to fulfill your order.

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