TERMS & CONDITIONS FOR YOUR BRAND CAFE, INC.
Please read these Terms of Service carefully. These Terms of Service govern your access to Your Brand Cafe's website, as well as all sales of our products and other services provided. Your Brand Cafe, Inc. ("Company") may update these Terms of Service from time to time without notice to you. By continued use of our site, or through purchases of our product and/or our services, you agree to be bound by the terms and conditions in place at that time. In addition, when using particular Company's services, you may be subject to additional posted guidelines or rules specific to certain services. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
Company currently provides customers 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 features, shall be subject to these Terms of Service. The Service is provided "AS-IS" and Company 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.
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the extent that the state does not allow waivers of implied warranties, such legally imposed implied warranties shall last for the shortest time permitted by appropriate law. Further, to the extent Company grants express limited warranties within these Terms, any implied warranties shall run only as long as the term of such limited warranty.
COMPANY DOES NOT PROMISE THAT:
THE QUALITY OF ANY PRODUCTS, SERVICES, OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS AND EXPECTATIONS UNLESS PREVIOUSLY COMMUNICATED TO AND CONFIRMED BY COMPANY;
THE SERVICE WILL BE UNIFORM AMONGST ALL PRODUCTS WITHIN THE ORDER;
EXCEPT FOR THE WARRANTIES CONTAINED IN THESE TERMS, NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, THAT COMPANY MAY PROVIDE TO YOU SHALL CREATE ANY WARRANTY, AND THESE TERMS CONTROL OVER ANY OTHER SUCH COMMUNICATIONS.
COMPANY (INCLUDING ITS OFFICERS, EMPLOYEES, AGENTS, VENDORS, AFFILIATES OR SUBCONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOUR USE OR INABILITY TO USE THE SERVICE;
YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
DELAYS IN RECEIPT OF AN ORDER; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
1. GENERAL LIMITATIONS
Company reserves the right to modify or discontinue, temporarily or permanently, any or all of the Service without notifying you. Further, Company may without notice terminate your account (or any part) or your use of the Service, and remove and discard any Content at any time for any reason or no reason. Possible triggers for such a termination of Services include, without limitation, your failing to regularly use the Service, your violation of these Terms of Service, or changes in the strategic business plans of Company. Company shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
This site contains graphics, photographs, images, artwork, 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 of Service. Company reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Company provides no warranty of any kind that image provided for printing 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, copyrighted materials, or logos that you do not have the legal right to use. Company has the right to reject any materials or Content which Company, in its sole discretion, considers to be obscene, defamatory, criminal, in bad taste, or in any other way inappropriate or unlawful. Company does not pre-screen Content and shall have the right in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. Company may preserve Content and may disclose any Content including if required by law or if it believes that such preservation or disclosure is reasonably necessary. Company does not censor any material on this website nor review material to determine whether it is in compliance with the law. Consequently, Company shall have no liability for materials that are subject to copyright or trademark protections or that is otherwise in violation of the law. Company does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content.
Company may establish general practices and limits concerning your use of the Service,
including, without limitation, the maximum number of days that Company 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. Company is not responsible for the deletion or failure to store any Content. Company 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.
By submitting a design and placing an order with Company, you hereby expressly grant
Company with a limited license to all copyrights and trademarks associated with your design, art, logo, etc., for the use of such in Company's advertising and marketing materials, including Company's website and sample orders. If at any point you believe that your intellectual property rights have been infringed by Company or by a user of our Service, please provide our general counsel with a notification that contains the following information:
Our general counsel is, Michael Warner, The Atlanta Lawyers, LLC, 1040 W. Marietta St., NW, Atlanta, GA 30318; (678) 885-7479.
3. PRINTING ERROR RESOLUTION
Company does not check any submission for spelling, grammar, or any other errors. The design will be printed as it appears during the approval step. It is your responsibility to ensure that all materials submitted for printing are formatted correctly.
Standard File Review
Before you approve file for printing, make sure that your design does not have errors prior to print that will result in a bad print product. Our file specialists will review files for the following common errors but ultimate responsibility to check such errors is yours:
Text and content out of print area
Spot color alignment
Other errors our file specialists will not check for include but are not limited to the following:
Spelling Errors and typos
Color out of gamut
Decline File Review
Limited Warranty for Products Ordered. Company uses the Pantone Matching System (PMS). Company offers no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. Company does not guarantee color will match the preview as it appears on a customer's monitor, because monitor colors vary. Company is not responsible for any color shift that occurs in conversions, if necessary. We recommend all custom designs be designed in PMS and/or CMYK, depending on your particular product.
Orders will not be defective due to errors if they were designed within Company design
The foregoing warranty does not include defects due to customer errors, such as incorrect file submission in accordance with our specifications, duplicate orders, customer misunderstandings of turnaround time, slight color variances within four color (CMYK) industry standards for pleasing color, slight variance of positioning of image when printed on a particular item, undeliverable packages/3rd delivery attempts or refusal or delivery. No reprints, store credit or refunds shall be given due to any of the reasons above.
4. SHIPPING ISSUES
Refused or undeliverable orders that are on time are not Company responsibility and these are not subject to reprint, store credit or refund. Orders returned to Company as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt.
If an order is delayed as a result of the fault of Company, the sole remedy shall be (a) upgrade of shipping type; or (b) compensation of the shipping difference paid in the form of a store credit or refund. Company must be contacted within 30 days of the scheduled delivery date. Company has five business days from the time of notification to respond with one of the resolutions below:
When a package is lost in transit, Company 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 Company' cost. Shipping carriers typically require 10 business days for refund of shipping costs.
If the package is not found, Company will require confirmation from the carrier prior to issuing compensation.
When packages are damaged in transit, Company will reprint with the same production terms or issue compensation. Customer will be required to provide package and contents to carrier.
5. ORDERS / CANCELLATIONS
Orders consisting solely of unprinted items will generally ship within one (1) business day. Company's normal turnaround time for printed cups and other products can be found in our FAQ page on our website and in the shopping cart at checkout. Turnaround times are calculated based on the order date and the date of final approval.
Within one business day of placing your order, you will receive a digital proof depicting what your logo will look like when printed on the product ordered. Once approved, no further changes will be accepted without additional charges and delays to your order.
An order can be canceled up until it is sent to our Production Department, upon final approval, but a 15% restocking fee may be charged. Once an order has been sent to print, it can no longer be canceled.
6. PRODUCT SUBSTITUTION
If the product originally ordered is not in stock, Company reserves the right to substitute it with a substantially similar product in its inventory. A credit will be provided for the difference in value between the substituted product and the product originally ordered, if any.
7. DEFECTIVE PRODUCTS
If you believe the Products ordered are defective in some way, Company must be informed within 10 days of receiving your order. Company may require additional representations, such as photographs, to substantiate your claim prior to taking any action. If the product is deemed defective, and of Company error, Company will reprint the order with the same delivery terms ordered.
Since each order is custom made to customer and has no re-sale value, All Sales Are Final. Full refunds are only authorized with a Return Merchandise Authorization (RMA) Label based on Company discretion. Company will issue a RMA number so the defective product can be returned for a full refund, but Company is not responsible for added pick-up or service fees. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs will go through a quality control check prior to the compensation being issued. All defective merchandise, including any and all reprints of the defective set(s) must be returned with an RMA in order to receive a full refund on the defective product ordered. Company does not offer any compensation for customer errors.
8. CREDIT / REFUND
If the Product is found to be defective and you request a reprint, Company will reprint at no charge with the same production and delivery terms extending from the time of resolution. Company may require samples and photos of the defective product prior to taking any action.
If a print is defective because of Company error, then you may contact Company to request a reprint, an in-store credit, or refund. Company must be contacted via e-mail or by phone within 15 days of receiving your order. Company may issue a RMA number so the defective product can be returned for a full refund, but Company is not responsible for added pick-up or service fees. Company reserves the right to request samples or photos of the defective product before issuing a RMA. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs with in-store credits or refunds will go through a quality control check prior to the in-store credit or refund being issued. All defective merchandise must be returned if an RMA is required for an credit or refund to be issued.
Company does not offer refunds for any and all customer errors.
Company does not refund, cancel or credit if the Service failure or defect is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
9. INFORMATION DISCLOSURE
Company reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with Company and regarding changes to these Terms of Service. Any customer may opt out of receiving future contact from Company at any time, by unsubscribing from our email correspondence.
10. ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company.
These Terms of Service and the relationship between you and Company shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute or claim relating to your use of the Service, or to any products or services sold or distributed by Company will be resolved by binding arbitration, rather than in court, except that you must assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter to Company requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold Company, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
These Terms of Service are not assignable or transferable by you without the prior written consent of Company. These Terms of Service, including all of the policies and other Agreements described in this Terms of Service, 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. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.