Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Imageworks reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. This Site and all Content are the copyrighted property of Imageworks , and/or its subsidiaries (referred to herein as "Imageworks") or the copyrighted property of parties from whom Imageworks has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Imageworks reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

 

Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Imageworks (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Imageworks does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by Imageworks.
You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Imageworks may terminate its service to customers found to be using Imageworks to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Imageworks to print Products on your behalf.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

 

Transfer of Title
The customer agrees that the shipping terms for all Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Indemnification

You agree that you shall indemnify and defend Imageworks and all parties from whom Imageworks has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

 

Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Limitation of Liability

IN NO EVENT SHALL IMAGEWORKS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, 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, OR PROFITS, WHETHER OR NOT IMAGEWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM IMAGEWORKS OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL IMAGEWORKS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIsED USE OF THIS SITE OR ITS CONTENT.

 

Site Feedback
Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to Imageworks in connection with the operation or content of this Site shall be provided by the submitter and received by Imageworks on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Imageworks. By submitting any such information to Imageworks, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Imageworks shall be free to use such information on an unrestricted basis.

 

Governing Law
All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Toronto, Canada. You agree to submit to the jurisdiction of courts sitting in Toronto, Canada and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Imageworks that a court sitting in Toronto is an inconvenient forum for such legal action or proceeding.

 

Terms and Conditions of Order

By placing an order with Imageworks, you agree to be bound by the following terms and conditions. By registering online and by placing any orders thereafter you agree to accept all terms and conditions of this agreement and create a legally binding contract with Imageworks for printing services, and will be responsible for payment in full as outlined in this agreement. If you do not agree to these Terms and Conditions, do not use any portion of this site.

 

Printing & Cutting

All printed pieces ordered on this site are "gang printed." Imageworks will reproduce colour from digital layouts as closely as possible, but cannot exactly match colour and density because of limitations in the printing process, as well as neighboring image ink requirements. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. ALL files must have an 1/8" bleed all around. A $25 fee may be charged to create a bleed if it has not been incorporated in your files. This fee is solely at our discretion.
Critical type or images must be at least 1/4" from the edge of the card. Imageworks is not responsible for type, art or images that are cut off if these guidelines are not followed. Furthermore, it is strongly suggested that you do not use a thin border around your piece. This may cause an uneven frame around your printed piece. If you desire to have a border, it should be at least 1/4" thick.

 

Turnaround

Our posted turnaround times begin ONLY after an order has been "received". Orders are considered "received" and are put into production ONLY when the following conditions have been met:
1. An ORDER FORM has been completely filled out online,
2. All files have been correctly submitted,
3. If applicable, the customer has approved the online proof and has given the go ahead to proceed with production, and
4. Payment has been processed.
Please note that our cutoff if 12pm EST. Production will begin the following day for orders received after this time. Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to malfunctions and/or equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that ALL production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at Imageworks can change that. Please try to plan date sensitive materials timely.

 

PDF Proofs

Files are checked on a first come first served basis. If a PDF proof is requested it can take up to around 24 hours before your files are checked. PDF proofs are meant to check for layout only and not meant to check colours. Imageworks DOES NOT GUARANTEE COLOR MATCHING.
PDF proofs will NOT be sent out for the following formats: PSD, TIF, JPG, BMP, GIF, PCX, PNG, PDF. These formats are flattened where images and fonts will not change. Customers will not be notified and production will start on these orders immediately.

 

Colour Matching
Imageworks prints to generally accepted standards of lithographic print production. We use a standardized process with standardized printing inks. Due to the wide variety of small inkjet and laser colour printers available, we do not guarantee that our print will match your print. For the same reason, we do not guarantee that our printed colour will match your monitor. In both cases, the variation between monitors and printers makes it impossible to make our single system match the hundreds of other printing and display systems. For this reason, we will accept no responsibility for colour problems in the printed piece. Any colour discrepancies will be addressed on an individual basis, but the remedy will be at our sole discretion. If colour is critical, please do NOT order online. Instead, call us at 1-866-210-6040 to arrange production. Critical colour jobs will be priced individually and may cost substantially more than the advertised prices on this website.

 

Warranty

In the event that an error has occurred during the production of a particular job, Imageworks must be promptly notified of the problem. Claims for defects, damages, shortages must be made by the customer in writing within a period of fifteen (15) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission the customer is in full compliance with the terms, conditions and specifications outlined herein. In the event of an error in printing, a determination will be made by Imageworks whether the defect is of such nature as to qualify for a discount or re-print. Our liability is limited to reprinting of any defective order and in no case will include special or consequential charges, including expenses, rush shipping, profits lost due to damages. This guarantee applies only to defects in workmanship or materials. It does not cover defects in the files submitted for printing. Over runs and under runs are not to exceed 10% of the order.

 

Promotion
Unless otherwise specified (in writing at the time the order was placed), we reserve the right to use any item produced by us for print or display promotion. Unless otherwise specified (in writing at the time the order is placed).

 

Payments
We accept cash, money orders, certified/bank checks, Visa, Mastercard, and Paypal. Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. The person placing the order will be personally responsible for any outstanding debt owing. An additional $25.00 fee will be charged for return cheques to original amount. As security for payment for any sum due or to become due under terms of any Agreement, printer shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.

 

Refund & Cancellations
Once an order has been received and has entered the production cycle, refunds are not allowed. No partial refunds given for work not completed. Customers requiring modifications to their order after viewing PDF proofs will be charged a $25 fee. We urge clients to proof read all materials prior to submitting artwork and not to use our free PDF proof service as a way of checking final content. Customers wishing to cancel orders once PDF proofs have been generated will incur a mandatory $50 fee. This fee is not negotiable and will be charged in full.

 

Materials
Working mechanical art, type, negatives, positives, digital files, flats, plates and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing. You certify that you own the rights to use the image(s) being reproduced on your postcard. 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.

 

Customer's Property
The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer while such property is in the printer's possession: printer's liability for such property shall not exceed the amount recoverable from such insurance. Customer's property of extraordinary value shall be insured through mutual agreement.

 

Taxes
USA orders are tax exempt. Materials printed in Canada ship duty free to the USA under the NAFTA agreement.

 

Shipping & Handling

Delays, damage or loss of packages during shipping are the sole responsibility of the carrier providing shipping services. Imageworks will not be held responsible for any delays, damage or loss of packages caused during shipping. Imageworks will not be liable for any claims of loss of business or damages due to shipping delays or damage. Each carrier has limited damage liabilities normally at a maximum claim of $100 per shipment.

 

Indemnification
The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense, and damages (including court costs and reasonable attorney fees) on account of any and all matter of claims, demands, actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyrights or any proprietary right of any person, or that it contains any matter that is libelous or obscene or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the printer contributed to the matter. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.