Terms and Conditions

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.

Customer Provided Content

Order Cancellation

Return Policy

Use of Web-Based Design Tools

Uploaded Files and Content Requirements

Color Quality

Over/Underruns

Order Approval/Proofing

Security and Privacy

Termination

Electronic Communication

 

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

Order Cancellation

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.

Return Policy

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 own risk.

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.

·          Fonts – Whenever possible, convert any fonts to curves (outlines, paths) to eliminate the possibility of font substitutions during production.

·          File 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.

·          Uploaded 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.

Color Quality

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.

Over/Under Runs

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 Quantity

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.

Order Approval/ Proofing

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 place.

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.

INDEMNIFICATION

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

SECURITY AND PRIVACY

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.

 

TERMINATION

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 Conditions.

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.

ELECTRONIC COMMUNICATION

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 business.