Terms and Conditions

Welcome

Please read these Terms and Conditions carefully.

These Terms and Conditions govern your access to this site, as well as all sales of our products, and the provision of services. Printivity may update these Terms and Conditions from time to time without notice to you (but the terms existing at the time of any purchase shall apply to such purchase regardless of subsequent revisions). By continued use of our site, or through purchases of our product or our services, you agree to be bound by these Terms and Conditions.

In addition, when using particular Printivity service, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services as are posted on our site (or on the sites of our affiliates or subcontractors). All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

Printivity currently provides you access to a large collection of on-line design, marketing and printing resources, and will make, sell and deliver printed goods to you (collectively, the "Service"). Unless stated otherwise, every new feature that augments or enhances the current Service, including the release of new Printivity features, shall be subject to these Terms and Conditions. The Service is provided "AS-IS" and Printivity shall not be responsible for deletion, missed delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.

Billing and Payments

When an order is placed through the Printivity.com website the customer's credit card, or any other payment method entered on the website, is billed at the same moment that the order is placed.

File Check

Printivity's file check department checks the designs of your uploaded files for your print orders. The file check is designed to ensure that the quality of the production is consistent with your expectations. If the file is not designed properly, the file check department has the authority to request a redesign for proper and optimal print quality. Examples of incorrect designs that may result in a hold of your order include, but are not limited to: incorrect design for full bleed printing, pixelated or low resolution images, and incorrectly paginated booklet orders.

Bypassing The File Check Recommendation

You have the right to request that a file be printed despite the potential file design issues that Printivity’s file check department may have found.

Effects of Bypassing the File Check Recommendation

If you designate that your order is to be printed despite the recommendation of Printivity's file check department, Printivity has the right to refuse issuing a requested refund or reprint of your order.

Production and Shipping Delays Resulting from Incorrectly Designed Files

The date that your order ships out from our facility may be delayed if there are delays due to incorrectly designed files. The file check department will make its best attempts to promptly communicate to you the nature of the problem and the ideal solution so that you can submit the correct file as quickly as possible.

Effects of sending new/late files or changing your order.

Customers occasionally change their files/order before they've approved their proof, and we accommodate these requests. If your change to the order increases the price of the order, you will be required to pay the difference. Your shipment date may be delayed if the provided files to print are submitted later than 11am PST the same day of submitting your order.

Proofs

Printivity provides customers both online and hardcopy proofs. If requested, either an online or hardcopy proof will be made available for your review. Preparation times for proofs may vary. Your approval of the proof is required prior to processing of the order. Printivity is not liable for delays in the order caused by your non-approval of the proof. Online proofs are not accurate representations of the color reproduction of final orders but provide an opportunity to confirm pagination, layout, binding, and dimensions. Printivity also provides hardcopy proofs which, although not an exact reproduction of the final product, provide a closer likeness to the final product. Hardcopy proofs take time to produce as well as mail and may not be suited for time-sensitive projects. We will make every effort to match colors in production when a hardcopy proof is requested. While Printivity representatives may provide advice, is your responsibility to determine what type of proof you require with your order.

Allowances for sending in new files or changing your order after you have approved your proof.

In most cases, we will accept file/order changes if your proof is not yet approved. However, once your proof has been approved, Printivity may begin printing your project at any time, and reserves the right to refuse to accept any changes to your files and changes to your original order. If your resubmission is accepted, a new proof will be sent and will need to be approved before printing may begin.

Graphic Design
Printivity offers customers design services. This service includes the ideation and creation of the design product. The design product includes a high-resolution, print-ready digital file in the following formats: JPEG, PNG, and PDF. Any other desired file formats must be communicated to us at the beginning of the project. You may be subject to additional fees if unique requests for file formats are not stated at the beginning of the project.

Printivity affirms that our designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement. You, the customer, have ownership of any designs that you have purchased. You may use the designs in any media application and are not required to print your purchased design product with Printivity. Printivity retains the right to use the design, or any versions of the design created in the process, within printed and online portfolios and within both printed and digital promotional materials, such as our website and social media posts.

Printivity offers unlimited revisions per project, which is included in the pricing for the design service. However, the turnaround times as stated on our website do not account for revisions. Further revisions will delay the design schedule and the deadline will be updated. Printivity is not liable for delays caused by revisions. You will be subject to additional fees if you request revisions and wish to maintain your original delivery date.

Printivity adheres to a design schedule that will be communicated to you at the beginning of your design project. Your participation and communication during the design process is required to keep your design project on track with the design schedule. Printivity is not liable for any delays caused by your failure to respond by the deadlines provided in the emails we send out to you.

Cancellation Policy

You may cancel any order that has not yet started printing. If you would like to cancel your order, please contact our customer service department via phone or email. To review the current status of your order, please visit our order details page, or your account page for your order history.

Refund Policy

Printivity guarantees that you will be satisfied with the quality of your product. We offer a 100% satisfaction guarantee for values up to $5,000. Printivity's satisfaction guarantee is good for 30 days following receipt of your order. If you are at all dissatisfied with the quality of your order, please contact your customer service representative to let them know you would like a refund. Refunds We will ask for the order to be completely returned, via UPS labels that we supply you. Upon receipt, we will issue a refund using your method of payment. Please allow 3-5 days for the payment to process, after we receive the returned goods.

Please note that we do not offer refunds on our design services once the final design file has been sent to you.

Proof of Poor Quality

If a refund or return is being requested, Printivity reserves the right to request proof of low quality or the return of the unsatisfactory products before providing compensation or reproduction of the order. Upon receipt, review and confirmation of poor quality, Printivity will determine whether a refund or replacement is required.

The Refund Policy is impacted by the following other policies:

• Cancellation Policy
• Effects of Bypassing the File Check Recommendation
• Shipping
• Damaged Packages

Shipping

Printivity utilizes third-party carriers to deliver orders and is not liable for delivery problems. Printivity makes no guarantee about time in transit of any shipping method. If you do not receive an order by the expected delivery date, or it arrives damaged, you should email service@Printivity.com or call 1-877-649-5463 and include your order number.

Except for the foregoing limitations, Printivity shall make commercially reasonable efforts to make sure that products ordered before 11:00 am Pacific Time will be delivered on or up to the date you choose during the checkout process. Printivity’s cutoff time of 11:00 am PST is based on the time we receive notification of a payment clearing, and order acceptance in our production system. Therefore, please avoid placing orders close to cutoff time to avoid delays. Orders placed on hold for any reason may encounter delayed deliveries.

Refused or undeliverable orders that are on time are not Printivity’s responsibility and these orders are not subject to reprint, store credit or refund. Orders returned without Return Merchandise Authorization to Printivity as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt. Please contact us via e-mail at service@Printivity.com or by phone at 877-649-5463 within 30 days of the scheduled delivery date.

Printivity's responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and Printivity assumes 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. Packages shipped outside of the country of origin may be charged a duty based on the receiving country's import tax. Delays can occur depending on your country of origin due to customs. Printivity is not responsible for the payment of this fee or any delay caused by customs.

Printivity is not liable for damages or delays that occur during shipping.

If an order is delayed as a result of the fault of Printivity, the sole remedy shall be that Printivity may (a) upgrade of shipping type, (b) compensation of the shipping difference paid in the form of a store credit or refund. Printivity must be contacted via e-mail at service@Printivity.com or by phone at 1-877-649-5463 within 30 days of the scheduled delivery date. During certain periods, Printivity may elect to suspend delivery date guarantees. A suspension of the guarantee supersedes and overrides any promises previously stated.

Lost Packages

When a package is lost in transit, Printivity will, at its option, reprint with the same production terms or issue compensation.

If the package is located by the carrier it will be rerouted to the customer promptly upon discovery. However, if customer receives both original and reprint, customer will be required to pay for the reprint or return at Printivity’s cost. Shipping carriers typically require 10 business days for refund of shipping costs.

If the package is not found, Printivity will require confirmation from the carrier prior to issuing compensation.

Damaged Packages

When packages are damaged in transit, Printivity will reprint with the same production terms or issue compensation. Customer will be required to provide package and contents to carrier.

Privacy

You confirm that you have read, understood and agree to the Printivity Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Printivity, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Printivity Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the site will be transferred to the United States and processed by Printivity in order to provide this site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Printivity DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW WAIVERS OF IMPLIED WARRANTIES, SO TO THE EXTENT THAT IS TRUE, SUCH LEGALLY IMPOSED IMPLIED WARRANTIES SHALL LAST FOR THE SHORTEST TIME PERMITTED.

Content

This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information ("Content"). You may not retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms and Conditions. Printivity reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Printivity reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of an image design and/or your incorporation of an image design into one or more products. Other Printivity customers may use the same design tools to create images that have similar or identical combinations of these elements. Printivity does not guarantee that your image will not have similarities to images designed and used by other parties. Printivity provides no warranty of any kind that image designs created using the design tools 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.

In using the Service, you may not place or reproduce any trademarks, service marks, or logos that you do not have the legal right to use. (Words, names, and designs used to identify services or products are considered trademarks, service marks, or logos). Printivity has the right to reject any materials or Content which Printivity, in its sole discretion, considers to be obscene, defamatory, criminal, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).

The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are licensed to you by the copyright holder. While Printivity does not pre-screen Content, Printivity shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms and Conditions or may otherwise be objectionable. Printivity may preserve Content (but has no obligation to do so) and may disclose any Content including if required by law or if it believes that such preservation or disclosure is reasonably necessary.

Printivity does not censor any material on this site nor review material to determine whether it is in compliance with the law. Consequently, Printivity shall have no liability for materials that are subject to copyright or trademark protections or that is otherwise in violation of the law. Printivity does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Printivity shall not be liable to you for Content on our site that you may find offensive, indecent or objectionable.

Printivity may establish general practices and limits concerning your use of the Service, including, without limitation, the maximum number of days that Printivity shall retain designs or other uploaded Content, the maximum size of any Content, and the maximum storage space that will it may allocate to you. Printivity is not responsible for the deletion or failure to store any Content. Printivity may delete Content stored on the Service which is inactive for an extended period of time, or for any other reason including changes in its business strategy.

If you believe that your intellectual property rights have been infringed by Printivity or by a user of our Service, please provide our Intellectual Property Rights Agent with written notification that contains the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
• Identification of the copyright, trademark or other rights that have been allegedly infringed. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
• Your name, address, telephone number and email address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

The report should be mailed to:

Printivity

C/o Intellectual Property Agent

8840 Kenamar Dr #405

San Diego, CA 92121

Indemnification

Any materials sent to Printivity are agreed to be your property, and you represent that the materials are not copyrighted by another party and do not possess or include any other type of proprietary information or protection. In addition, you acknowledge that any material sent to Printivity is does not contain slanderous or libelous statements about any person or entity.

You agree to hold Printivity harmless and pay for any costs whatsoever resulting from claims made by a third party concerning the reproduction of any protected materials.

Governing Law & Exclusive Venue for Disputes

The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of San Diego in the State of California for all disputes arising out of, or relating to, the Terms & Conditions and use of this Site or its services.

Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Miscellaneous

These Terms and Conditions are not assignable or transferable by you without the prior written consent of Printivity. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.