OwlStamp Visual Solutions – Terms and Conditions
PLEASE READ CAREFULLY
When you browse, access, or use
this website, including the ordering of products, OR PLACE AN ORDER OVER THE
PHONE, BY EMAIL, FAX OR IN PERSON, you are agreeing to be bound by all the terms
and conditions contained below and all applicable laws.
if you do not agree to be bound by
these terms and conditions anD applicable laws, or if you lack the authority to
accept these terms and conditions, you may not use this website OR ORDER
PRODUCTS FROM OWLSTAMP VISUAL SOLUTIONS
owlstamp VISUAL SOLUTIONS reserVes
the right to modify or amend these terms and conditions without prior notice.
you agree that your continued use of this website OR PLACING ORDERS WITH OWLSTAMP VISUAL SOLUTIONS constitutes your agreement to be bound by anY changes or
ammendments to these terms and conditions.
OWLSTAMP VISUAL SOLUTIONS MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE FITNESS OF ANY
PRODUCT OR SERVICE WE PROVIDE FOR ANY PARTICULAR PURPOSE. IT IS YOUR
RESPONSIBILITY TO ENSURE THAT THE PRODUCT YOU ARE PURCHASING MEETS ANY LEGAL,
PRACTICAL, OR APPROPRIATE REQUIREMENTS FOR USE.
Web-Based Design Tools
Files and Content Requirements
Customer Provided Content
As part of your use of this website or ordering of
products, you may electronically upload or submit via email, hard copy,
external drive or other means, items such as graphics, images, text, files,
messages or other related materials (collectively “Customer Content”) to OwlStamp Visual Solutions for use in various graphic products. You agree that you and
any other person from whom Customer Content originated are solely responsible
for its use. When you transmit or supply Customer Content to OwlStamp Visual Solutions, you confirm and warrant that you either own the copyright or have
permission to copy any Customer Content submitted to OwlStamp Visual Solutions for
use in production of various graphic products. You further agree to defend,
indemnify and hold OwlStamp Visual Solutions and its officers, directors,
employees, shareholders agent and affiliates, harmless from any suit, demand,
or claim arising out of any breach of this warranty and agree to pay any
judgment or reasonable settlement offer resulting from any such suit, demand or
claim, and to pay any attorney's fees incurred by OwlStamp Visual Solutions in
defending against such suit, demand or claim.
OwlStamp Visual Solutions does not maintain Customer
Content indefinitely, and it may be deleted at our discretion. For customers
that re-order items containing Customer Content regularly, we may choose to
maintain such content for extended periods of time at our discretion. Please
contact customer service to discuss your particular situation, if applicable.
You agree that you will not send, upload, post,
deliver, or otherwise transmit to OwlStamp Visual Solutions any Customer Content
that contains material that: (i) is unlawful, threatening, abusive, defamatory,
and/or obscene; (ii) which invades another person's privacy; (iii) which would
further the commission or concealment of a crime; (iv) advocates or urges
treason, insurrection, sedition or forcible resistance to any law of the United
States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which
infringes upon, any patent, trademark, trade name, trade secret, copyright,
right of publicity, moral right or other intellectual property right of another
person or entity; (vii) contains software viruses, trojans, malware, or other
harmful or malicious computer code, or that in any other way would way
interfere with or disrupt the services and/or production of OwlStamp Visual Solutions and/or or any servers or networks connected to or used in connection with
the delivery of such service and production.
You acknowledge that OwlStamp Visual Solutions does
not pre-screen Customer Content, but that OwlStamp Visual Solutions reserves the
right to do so at any time and that OwlStamp Visual Solutions and its affiliates
shall have the right (but not the obligation) at their sole discretion to
remove any Customer Content and/or to refuse to fulfill an order that violates
these Terms and Conditions or that may otherwise be objectionable. You further
acknowledge and agree that OwlStamp Visual Solutions may preserve Customer
Content and may also disclose Customer 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 these Terms and
Conditions; (c) respond to claims that the Customer Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of OwlStamp Visual Solutions, its employees, users and the public in general.
Regardless of the upload of Customer Content to
this Website, and/or the inclusion of Customer Content into any product or
service offered through this Website, OwlStamp Visual Solutions, retains all of
its rights in and to all Site Content on this Website, whether created by, for
or on behalf of OwlStamp Visual Solutions
An order can be canceled at any time prior to it
entering into production. You must call OwlStamp Visual Solutions and speak to a
Customer Service Representative to determine if your order has entered
production. At that time, you will be informed of any charges incurred. Such
charges may include but are not limited to ordering of stock, design work,
pre-flighting, or file repair. Allow up to 10 business days for any refunded
monies to be credited to your account. An order cannot be canceled and no
refund will be given once it has entered into production or any process
thereafter. No refunds are issued for Logo and Graphic design services.
Since the majority of our products are
personalized, customized, or otherwise created exclusively for you, we cannot
accept returns. However, if there is an error on our part or a defect in materials
or workmanship upon receipt of your order, we will repair or replace the
product at our expense, including shipping.
Return of any stock items will be accepted with 30
days of purchase and will incur a 15% restocking fee.
We will not accept any returns without a valid
Return Authorization (RA) number.
After initial receipt of your order, all products
come with a ninety-day warranty against defects in materials and workmanship.
Except for Xstamper pre-inked stamps which come with a lifetime warranty
against defects in materials and workmanship. OwlStamp Visual Solutions has sole
discretion to determine whether lack of performance of any product is the
result of a defect in materials or workmanship, or the result of normal wear
and tear, misuse of the product, or lack of proper care and attention when
using the product. The warranty period begins as of the invoice date. OwlStamp Visual Solutions will not cover shipping charges for warranty work.
Use of Web-Based Design Tools
The design tools available on this Website are
made available to all users of the Website. In the event you create a design,
such as a sign, emblem or logo, you do not obtain any right or claim to any of
the individual design elements made available through this Website that enabled
the creation of the design, and these design elements are and will continue to
be the property of OwlStamp Visual Solutions (or the licensor if applicable) and
will remain freely available to other OwlStamp Visual Solutions customers. Your
use of the Site Content provided on this Website and/or the creation of
products or materials using such Site Content does not create joint authorship,
joint ownership, works made for hire, or any other interest of any kind, with
OwlStamp Visual Solutions in or regarding such Site Content.
It is solely your responsibility to determine
whether any design you may create using the design tools made available to you
by OwlStamp Visual Solutions, infringes, or may be subject to a claim of
infringement upon the trademark, copyright, or other rights of a third party.
You should consult with an attorney as to whether a design you create may
infringe upon the rights of another party.
This site may contain links to websites that are
owned and/or operated by third parties, and that are not under the control of
OwlStamp Visual Solutions These links are provided only as a convenience. OwlStamp Visual Solutions does not evaluate, review, monitor, or endorse the content
of such sites and is not responsible in anyway for the information, services, products
or other materials available on or offered by such sites, the accuracy of the
content on such sites, and /or the privacy, security and safety practices of
such sites. You expressly understand and agree that if you access any such
sites through a link provided by OwlStamp Visual Solutions then you do so at your
Uploaded Files and Content Requirements
Different products that we provide may have
specific requirements. There will be instructions regarding these requirements when
ordering a specific product. In general,
we recommend that content uploaded to OwlStamp Visual Solutions for product
production adhere to the following requirements:
Color Space – Your designs should be created and
submitted using a CMYK color space with no embedded color profile. If you
submit RGB designs, OwlStamp Visual Solutions will not be responsible for any
color shifts or inaccuracies when your design is converted to CMYK for
production. If you are using Pantone® spot colors, do not convert and leave
them as native colors. We will try to match the color as closely as possible,
but do not guarantee results. In addition, some Pantone® colors can not be
reproduced on some products.
Whenever possible, convert any fonts to curves (outlines, paths) to eliminate
the possibility of font substitutions during production.
Formats – In general, the best file format for most products is a flattened
high resolution PDF with fonts converted to curves. Other acceptable formats
include EPS, CorelDraw X5, Adobe CS5 (InDesign, Photoshop, Illustrator), JPEG,
TIFF. Any bitmap images contained in your files should be a minimum of 300 dpi
at 100% size.
files that do not meet these requirements may experience print or images that
are fuzzy, pixilated or otherwise distorted for which OwlStamp Visual Solutions
does not accept any responsibility.
We reserve the right to reject content that does
not meet this standard, but we do not assume any obligation to verify that the
uploaded content meets these standards.
Any product that we produce that incorporates
color reproduction will meet CMYK industry standards. Therefore, due to
variations in equipment, substrates, environment, and other factors, OwlStamp Visual Solutions cannot guarantee “match-print” color fidelity, nor can we prevent
slight color shifts within an order or orders printed at different times. In
addition, because we cannot control the color reproduction of a customer's
computer monitor or color printers, we cannot guarantee that the actual print
color will precisely match any preview as it appears your monitor or printed
copy you create. OwlStamp Visual Solutions is not responsible for any color shift
in converted photographs (RGB images) with black, near black, or gray tones.
Although we endeavor to ship the quantity ordered,
OwlStamp Visual Solutions reserves the right to ship within 5% over or under
according to specific industry standards for certain product classes. Charges
and standards for particular product categories are listed below.
Stamps, Embossers, and Related Items – Exact
Engraving – Exact Quantity
Signs, Banners, and Related Items –Exact Quantity
Printing – 5%, No Charge for Overs; Unders will be
deducted from cost.
Promotional – 5% Actual Quantity will be billed.
OwlStamp Visual Solutions has and assumes no
obligation to proof or otherwise review the content or layout of your order.
Even if an OwlStamp Visual Solutions customer service representative has inquired
as to the attributes of one of your prior orders, you are not entitled nor
should you assume that OwlStamp Visual Solutions will review any other order you
For designs that OwlStamp Visual Solutions creates
or provides for you, we will give you an electronic proof for your approval.
Products are manufactured from customer files "as
submitted" or from approved proofs, and the customer is fully responsible
for final proof and layout verification and approval prior to submission to the
production process. Once you submit an order to the production process you are
agreeing that you are fully satisfied with the document layout and content and
you accept responsibility for any errors therein. OwlStamp Visual Solutions will
assume that you have verified the spelling, grammar, content and layout, etc.
are all correct and it will not accept any liability for errors such as
misspelling, grammar, damaged fonts, punctuation, transparency, overprint,
improper layout, bleeding, erroneous cut or fold lines, die lines or crop
marks, sizing, etc.
You agree that you shall indemnify and defend and
hold OwlStamp Visual Solutions and its officers, directors, employees,
shareholders, agents, affiliates, subsidiaries, suppliers and representatives,
harmless from and against any and all claims, damages, losses, costs, and
expenses (including but not limited to attorneys' fees) that, directly or
indirectly, arise out of or are related to: (i) your breach of any provision of
the Terms and Conditions; (ii) any suit, claim, or demand arising from or relating
to an allegation that any Customer Content provided by You, or any other text,
photograph, image, graphic or other material you incorporated into products or
services ordered from OwlStamp Visual Solutions,
infringes up the rights of a third party (iii) and/or (c) any of your
activities conducted in connection with this Website or orders placed by other
means, your use thereof, and/or the products and services ordered through this
Website or provided by OwlStamp Visual Solutions
To order products from OwlStamp Visual Solutions it
will be necessary for you to provide certain personal data or other information
to this Website via the Internet and we are committed to taking all reasonable
steps to safeguard your personal data or other information. We use secure
servers and encryption software and various other precautions, but no system is
infallible. Such information could potentially be subject to interception or
alteration by third parties and it is not possible for OwlStamp Visual Solutions
to guarantee absolute confidentiality or security. The information OwlStamp Visual Solutions collects and how it that information is the subject to OwlStamp Visual Solutions’s Privacy Statement.
OwlStamp Visual Solutions may suspend or terminate
your account and or your right to utilize the services made available through
this Website and in our facility in the event that it determines or has
reasonable grounds to suspect that you are in violation of the Terms and
Notwithstanding any of these Terms and Conditions that
may suggest otherwise, OwlStamp Visual Solutions reserves the right, without
notice and in its sole discretion, to terminate your right to use this Website
or provide you with products and services for any reason or no reason at all,
and to block or prevent future access to and use of this Website by you. In the
event your right to use this website is terminated, these Terms and Conditions
shall still apply.
Your use of this Website constitutes your
agreement and consent that OwlStamp Visual Solutions may communicate with you
electronically for all purposes. This includes all legal and notice
requirements. Such electronic communications may take the form of postings to
this Website and/or e-mails forwarded to the e-mail address you provide when
you register with OwlStamp Visual Solutions. Your may withdraw your consent to
receive electronic communication at any time, but if you withdraw your consent
it will only be effective prospectively (not for jobs already ordered or in
production). Your account will be deactivated and you will no longer be
eligible to use this Website to order further products or services from OwlStamp Visual Solutions. If your account is deactivated, you will remain
responsible for payment of orders already competed or in production.
This electronic document, together with any other
electronic documents, policies and guidelines incorporated herein, as well as
any e-mail communication with you, will be deemed for all purposes to be a
"writing" or "in writing," and shall comply with all
statutory, contractual, and other legal requirements for a writing. All such
electronic documents shall be legally enforceable as a signed writing as
against the parties subject to the electronic documents. They shall be deemed
an "original" when printed from electronic records that have been
established and maintained in the ordinary course of business. Electronic
documents that are established and maintained in the ordinary course of
business shall be admissible in judicial, arbitration, mediation or
administrative proceedings to the same extent as other records in written form
that are similarly established and maintained in the ordinary course of