Legal Claim
NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. PICKLE PRINT & MARKETING, LLC RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
Over/Under Run Policy - Full Color Products
We reserve the right to 5% over / under run
Color Reproduction
Many of the full-color products that we offer are printed using a technology called “Gang-Running” which combines your short-run jobs with others that have similar requirements. This allows affordable four-color printing by spreading out initial production costs over several jobs and therefore we reduce the make-ready charges passed on to each customer.
Gang Run Limitations
Because of limitations with the Gang-Run printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing a full-color order with Pickle Print you agree to this limitation. 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.
Order Approval
You will be able to view an online proof of your job once it has been submitted. Alternately, if Pickle Print is doing graphic design work fort your specific job, this work will be uploaded to your account where you will be able to approve or request changes. No job will be sent to press without your approval.
If you determine that you need to submit new art files once you have viewed your online proof, you have the opportunity to delete the associated file and upload a new one prior to submitting your order. Due to the time it takes us to pre-flight and prep your files, a $25 fee will be assessed each time you submit new artwork if the previous file has already been pre-flighted and prepped for printing by our pre-press department. Once your artwork as been sent to press, you will no longer be able to upload new files for that job. If you need to submit new files because the original files are corrupt or not suitable for printing, you will not be charged. Once we have submitted your files for printing, which can be within minutes of receiving your order, we will no longer be able to cancel your job for any reason.
By the time your job gets in our hands and we are ready to print, all edits should be finalized, the copy carefully proofread and all design issues should be settled. We will not take responsibility for any copy or design errors committed on your part or on our part once you have approved the final proof. Pickle Print is NOT LIABLE for errors in a final product caused by any of the following: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size.
Reservations
All orders are subject to acceptance by Pickle Print. Pickle Print reserves the right to reject any order or stop performance at any time without recourse. Pickle Print is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names, images or slogans. The customer guarantees the legal title of all matter submitted to Pickle Print for printing and/or publication.
Order Cancellation
Pickle Print will be happy to cancel your order prior to Proof Approval. However, once you have approved your proof via our online approval system, we can no longer cancel the associated job. Depending on the details of the job, production can begin literally within minutes of your proof approval. Howver, if you do decide to cancel your order prior to Proof Approval, you will still be charged any credit card processing fees associated with the placing and canceling of your order. If we have already pre-flighted your files and submitted an online proof for your approval, there will be a $25 fee for our time spent. If you have approved your mailing list and that list gets processed, we will not refund your mailing services cost. There will be no refunds for any Graphic Design services which have already been performed. ALL CHARGES FOR EXPEDITED PRINTING OR SHIPPING ARE NON-REFUNDABLE FOR ANY REASON. Please allow up to 15 business days for your refund to be processed.
Returns & Refunds
Due to the nature of the product, all sales are final. Any claims for defects, damages, or shortages must be made in writing within four (4) business days after receipt of the product. Failure to do so constitutes an irrevocable acceptance of the order. For us to determine responsibility and to replace the product, we must receive 100% of the product within 10 days after the customer received it. Replacement of the product will be made upon receipt of returned merchandise and only when Pickle Print solely and exclusively determines that the defect was not caused by misuse or mishandling of the product. If the customer plans to return the defective merchandise, it should not be used in any way. Should your job contain manufacturing errors, we will re-run and ship your job at no charge.
100% Satisfaction Guarantee
At Pickle Print and Marketing we have a 100% Satisfaction Guarantee. When you receive the final product, if you are in any way dissatisfied with the quality of our printing, send it back and we will either refund your money or reprint the job at no cost to you. This guarantee is intended only to cover the actual quality of the printing you receive. It does not include dissatisfaction as a result of the following: Misspelling, Graphics, Grammar, Punctuation, or any other error that is caused by not adhering to our guidelines for “File Preparation”. If you have supplied good art and properly formatted the file for printing, yet are dissatisfied with the print quality your receive, you are entitled to a full refund. You will not be refunded any costs related to Graphic Design, Shipping, or Rush Charges. If the error is caused by Pickle Print & Marketing, you are entitled to a re-print at no cost to you and if you paid for any Rush Charges, you will receive the same expedited service on your reprint order as well.
Customer Content
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Pickle Print, are entirely responsible for all Content that you use form PicklePint.com. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Pickle Print or any third party does not control posted by Customers and does not guarantee the accuracy, integrity or quality of the Content Under no circumstances will Pickle Print be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You acknowledge that Pickle Print does not pre-screen Content, but that we and our affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Pickle Print may preserve Content and may also disclose 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 the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pickle Print or its users and the public.
Copyright
All material and software Copyright © 2008 Pickle Print & Marketing, LLC. are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Pickle Print web site and/or its subsidiaries or the copyrighted property of parties from whom Pickle Print has licensed such property. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed by you onto materials and merchandise to be printed by Pickle Print. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.
Credit Card
If the customer's credit card company declines the authorization, Pickle Print will not process the order. If we have processed the order and the credit card is declined, payment will be required prior to shipment of the product.
Our credit card processing system is 100% secure and we ensure that your personal information will not be compromised. We encourage you to feel comfortable using your credit card to conduct commerce on our site. You may choose to utilize Pay Pal.
Shipping
Pickle Print will arrange for shipping with the carrier based on the specified method chosen by the customer in the order process. Risk of loss or damages is upon the customer once the product has been delivered to the carrier. Delivery times are estimates only, and Pickle Print shall not be responsible for delays. All orders must be shipped or mailed as we are a print distribution company and do not print our products on site.
Data Lists
Processing a properly formatted customer mailing list can take up to 3 business days. Lists should be submitted in ASCII, Excel, Access, or Dbase formats. The list should contain a header format. We will perform C.A.S.S. Certification, De-Duplicating Addresses, Pre-Sorting & USPS documentation, Ink-Jetting directly onto the mail piece, and Delivery to the Post Office.
Mailing
Ink-jetting and mailing services begin after we have received the postage payment from our customer. From this point we require 2-4 business days for the job to be completed and delivered to the post office.
Postage Requirements
When you are using our mailing services, we require that all bank checks, money order, Pay Pal payment, or wire transfer payments to cover postage be in our possession before we begin the ink-jetting and mail fulfillment process.
Limitation of Liability for Mailing Services
OUR LIABILITY FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES HEREUNDER IS EXPRESSLY LIMITED TO THE VALUE OF THE WORK PERFORMED.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY CUSTOMER FOR SAID CUSTOMER'S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES
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 and Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
Indemnity
You agree that you shall indemnify and defend Pickle Print and all parties from whom Pickle Print 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.
Trademarks
All trademarks appearing on our website are trademarks of their respective owners.
General
a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Michigan.
b) In the event that any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
c) Pickle Print & Marketing shall not be responsible for damages or delays resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. Company shall not be responsible for any delays caused by UPS or any other common carrier.
d) These Terms of Sale may be modified from time to time by PIckle Print & Marketing without notice.
e) Prices posted on this website are subject to change without notice.
f) Any order the customer places with Pickle Print & Marketing shall be deemed acceptance of these Terms of Sale by the customer without said addition or different terms.
g) Pickle Print reserves the right to establish, without notice, the time period that designs or other uploaded content will be retained on our servers. You agree that we are not liable or responsible for the deletion or failure to store any content.