Terms of Service

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.publitony.com website (the "Service") operated by Publitony USA, LLC. ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your name.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons explicitly mentioned in the "Cancellation and Refunds" section.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

Availability, errors and inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We strive to resolve any inaccuracy as fast as possible and to work with the Customer to resolve any issues that might arise guided by the best interest of the Customer, still we cannot be held legally responsible for any technical or non technical problems that may occur as a result of such inaccuracies.

 

Contests and Promotions

Any contests or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in service activation delays, partial or incomplete service provisioning or termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

  

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Publitony USA, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Publitony USA, LLC.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Publitony USA, LLC.

 

Publitony USA, LLC. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Publitony USA, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Indemnification

You agree to defend, indemnify and hold harmless Publitony USA, LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation Of Liability

In no event shall Publitony USA, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc.

 

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Publitony USA, LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements; e) you will achieve any expectations you might have prior purchasing any of our Services.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Masschusetts law.

 

Payments

Publitony USA, LLC. is accepting PayPal payments on behalf of Publitony USA, LLC. Credit Card payments are processed via Stripe Payments on behalf of Publitony USA, LLC and the company does not store Credit Card information, but only a payment token and the last 4 digits of the Credit Card information.

 

Changes

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue any use of the Service.

Return & Refund Policy

We strive to provide you with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. We will provide refund or reprint on any defective print orders, and 100% free expedited reprint on any orders lost in transit. However, when a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the package with corrected address and charge an additional shipping fee for the shipment. In no case shall we be liable for any consequential or damages resulting from any delay in shipment or delivery.

We will not be liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Our direct control. Shipment and delivery dates are calculated based upon estimates provided by our suppliers.

All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by you or $1,000.00 (whichever is less). Determination of defect is at our sole discretion. In most cases, you will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager's discretion. Refunds issued for late turnaround will be limited to no more than $200 and calculated as 20% of print total (excluding tax, shipping, handing, and design services) for every business day (excluding weekends and holidays) that the order was late.

 

Our Sales Tax Policy

We charge sales tax on orders shipped to an address within the state of Massachusetts except for orders that are tax exempt. For your order to qualify as tax exempt, you must send us a copy of your tax exempt certificate. If additional taxes are due after you have paid the invoice, you must promptly remit the required taxes to the taxing authority or reimburse us for any additional taxes paid.

 

Cancellation

An order may not be canceled once it is "In Production". Orders placed, paid for and then canceled before 5pm EST on the same day may be refunded in full or booked as store credit to be applied to future orders;

 

Color Accuracy

We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with us, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.

Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.

 

Envelopes And Letterheads – Dark Colors Not Recommended

Please note that because our letterhead and envelope paper stock is "uncoated", we do not recommend using colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.

 

Stickers And Roll Labels

Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.

 

No Liability for Errors

We are not liable for errors in a final product caused by any of the following reasons:

  • Spelling, punctuation and grammatical errors
  • Low resolution or low quality graphics and images
  • Damaged fonts
  • Transparency issues
  • Overprint issues
  • Artwork files that are not created following our specifications
  • Variances in color from the conversion of Pantone or RGB colors to CMYK
  • Errors in user-selected options such as size, quantity, paper and finish
  • Duplicate orders submitted by you
  • Incorrect files uploaded
  • Incorrect file orientation
  • Cracking on folds
  • Cutting variances
  • Incorrect or undeliverable shipping address
  • Damage to products after delivery to you

You are responsible for reviewing your files and correcting any issues prior to placing the order.

 

Over Print And Under Print Policy

Due to the gang run method that we use, we cannot guarantee that every order will be the exact number of items ordered. We can only guarantee that it will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, we will either refund or give you Store Credit for the amount of pieces we were "short" if over 10% of the order quantity.

 

Artwork Files

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms & Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

We may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other users of our Website may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights.

We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our Website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

 

Stock Images Terms

We may provide users access to professional stock images via a third party. The licensing fee(s) for any stock image(s) you include in your artwork file will be added to your final total during checkout. By purchasing stock image(s) in this manner, you agree to adhere to all applicable terms and conditions set forth by the stock image provider. Stock image fees are non-refundable.

 

Printing Turnaround Time

Printing turnaround time begins after we have received your print-ready files, approval for your proof and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.

Orders must be paid, print-ready files received and proofs approved by the deadline that we provide to you when you place your order. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this Website is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Printing turnaround time for jobs with print-ready files, approved proofs and payment is guaranteed. The exclusive remedy for failing to meet a deadline is limited to a 20% refund for every business day of delay (up to the maximum refund amount per the Return & Refund Policy above). We will not be responsible for shipping-related costs on orders that do not go out by the due date.

 

Shipping

Orders may be shipped via FedEx, UPS or other freight carriers. We reserve the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.

Our responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and we assume no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

We are not liable for damages that occur during shipping.

Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for us to relay your information to the shipping carrier for the arrival scan, and the following 3 business days/non-holidays for your shipment to arrive.

Please note, some orders may receive tracking information on a Saturday, although the order will not leave our facility until the following business day. In the case of a Monday holiday, the order will leave our facility the following business day.

We do not combine different items or orders for shipping. We ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.

Due to size limitations, we will not ship to PO Boxes.

 

Freight Service Shipping Method

Please note that Lift Gate Service adds an additional fee of $75 for Freight orders. Trade Show services also add an additional fee of $125 for Freight orders. Prices are subject to change.

It is the customer's responsibility to ensure there is truck accessibility at the destination. You must either have a dock to receive the shipment, or choose Lift Gate Service if you do not have a dock. If your location falls under an area with limited access, you must choose "Limited Access Locations" service. For freight orders, the delivery point needs to be on the ground level, unless you choose "Freight Not Adjacent to Vehicle (Including Inside Pickup or Delivery)" service. Lastly, if you require your shipment to be sorted or segregated, please choose "Sorting and Segregating of Shipments."

 

Target Arrival

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

For example, a product with a printing turnaround time of two business days and a shipping method of Two Day service would have a target arrival date of four business days after your files have been sent to production.

 

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.

All materials we create in producing your printed product are the property of Publitony USA, LLC. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

 

Customs, Duties And Taxes For International Orders

Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. We do not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.

All shipments of $17 dollars or more to Canada are subject to "Custom Clearance Fees" (these duties are included in our shipping and handling charges). All shipments of $17 dollars or more are also subject to Canadian taxes: HST, GST, PST, and QST, depending on their ship to address. Customers are responsible for payment of all duties and taxes.

 

Contact Us

If you have any questions about these Terms, please contact us.

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