Terms and conditions
LIMITATION OF LIABILITY
LIMITATION OF REMEDIES
ITIs liability to the CUSTOMER for any matter arising under or relating to the CUSTOMERs use of the Site, The Content, or the Service is limited to the total amount paid to ITI with respect to the particular Services giving rise to the claim.
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "CUSTOMER CONTENT") to ITI for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all CUSTOMER CONTENT. When you upload, or otherwise provide CUSTOMER CONTENT to ITI you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold ITI and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by ITI in defending against such suit, demand or claim.
ITI does not maintain CUSTOMER CONTENT indefinitely. CUSTOMER CONTENT uploaded to the Website with an associated order will be kept on file for a period of up to thirty (30) days. At the end of that time it may be deleted and irretrievable. Please note that CUSTOMER CONTENT uploaded to ITI cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to ITI any CUSTOMER CONTENT that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of ITI and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that ITI does not pre-screen CUSTOMER CONTENT, but that ITI reserves the right to do so at any time and that ITI and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any CUSTOMER CONTENT and/or to refuse to fulfill a print job or order that violates these SITE TERMS or that may otherwise be objectionable. You further acknowledge and agree that ITI may preserve CUSTOMER CONTENT and may also disclose CUSTOMER 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 these SITE TERMS; (c) respond to claims that the CUSTOMER CONTENT violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ITI, its employees, users and the public in general.
CUSTOMER SUBMITTED ARTWORK OR CONTENT
All artwork or designs and images must be provided in CMYK format. ITI is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. ITI is not responsible for images printed as fuzzy, distorted or pixilated due to CUSTOMER provided artwork. ITI is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Additional fees may be imposed on incorrectly setup files/artwork not in accordance to ITIs instructions published on ITIs website and Knowledge Base system.
CUSTOMER agrees and understands that all the terms of their AGREEMENT with ITI are confidential and shall not be disclosed to any third parties unless with a written consent of ITI. ITI warrants that all such terms in this AGREEMENT in addition to any marketing material, graphics/artwork or mailing list supplied to ITI shall remain confidential, and shall not be disclosed to any third party.
YOUR USE OF OUR WEBSITE
Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if we, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.
USE OF ARTWORK
You understand and agree that we license photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as TEMPLATES. You are required to comply with the limitations on how the Images and/or TEMPLATES can be used.
You May Not:
Use Images and/or TEMPLATES together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
Use the Images and/or TEMPLATES in a way that places any person depicted in the Images and/or TEMPLATES in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Images and/or TEMPLATES (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services. Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or TEMPLATES created the Images and/or TEMPLATES. We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By signing below, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or TEMPLATES, the terms of those agreements shall govern. If you use Images and/or TEMPLATES in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.
Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Our Website is intended for use by individuals 13 years of age or older. Our Website is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Website.
ERRORS, CORRECTIONS AND CHANGES
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
THIRD PARTY WEBSITES & LINKS
The SITE TERMS and your use of this Website shall be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these SITE TERMS and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these SITE TERMS and or your use of this Website. This AGREEMENT is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
TRANSFER OF TITLE
You understand the shipping terms are FOB shipping point, which means ownership transfers once we deliver any printed products to the shipping carrier.
You agree that you shall indemnify and defend and hold ITI and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the SITE TERMS; (ii) any suit, claim, or demand arising from or relating to an allegation that any CUSTOMER CONTENT provided by the CUSTOMER, or any other text, photograph, image, graphic or other material CUSTOMER incorporated into products or services ordered from ITI, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
Please review your proof carefully prior to approving. ITI will not accept changes to orders that the Proof has been approved. CUSTOMER is fully responsible for final proof and layout approval prior to the printing process. ITI is NOT LIABLE for errors in a final product caused by any of the following reasons:
CUSTOMER agrees to the following terms by approving the proof:
CUSTOMER has verified that spelling and content are correct. CUSTOMER is satisfied with the document layout. CUSTOMER understand that documents will print EXACTLY as it appears on the proof (excluding color as described in the next section), that no changes can be made once the proof is approved and CUSTOMER assumes all responsibility for typographical errors. ITI also offers hardcopy proofs. Such proofs must be requested when the order is made and there is an additional fee in the event that a hardcopy is requested. The request for a hardcopy proof may extend the amount of time needed to complete the order. Proof changes (re-proofing) will be charged at $35 per artwork. If you require a change to a job after the proof(s) has(have) been created and the changes are NOT due to an error made by ITI, you will need to pay an additional $35 per artwork to re-create your proof(s) and re-setup your file(s).
COLOR PROOFING & MATCHING
ITI is not liable for color matching or ink density on digital proofs approved by the CUSTOMERs. Digital proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Digital proofs do not show transparency and over print issues neither do they show color change from RGB to CMYK. Application of various coatings may affect or change the appearance of the printed colors. ITI is not liable for the final color appearance of printed products. ITI also offers hardcopy proofs if color is of great importance. Such proofs must be requested when the order is made for an additional fee. Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses. ITI is also not responsible for any and all errors in the CUSTOMER's printing job if CUSTOMER selected the "Run As- Is/ No Proof" option.
Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
PROOF OF MAILING
A Certificate of Mailing (form PS3606) which is a proof of mailing will NOT be provided unless CUSTOMER purchases such certificate at the time of placing the order. A PS3606 cannot be obtained from USPS once the job has been mailed. CUSTOMER needs to order the correct quantity of certificates if an order is being split into multiple drops. For instance if an order is being staggered into two drops (separate mailings at two different dates) then CUSTOMER will need to order two certificates, one for each drop. ITI comingles it's mail, which means mail from all CUSTOMERs are combined before being mailed; therefore ITI does not generate or have individual/separate Postage/Mailing Statements for each job mailed.
Orders may not be cancelled or refunded once a proof has been approved or an order has been placed as "run as-is, no proof required" and has entered production. Once a Graphic Design order has been placed successfully, No Refunds are issued for graphic design services. ITI is not responsible for any duplicated orders that are placed due to the CUSTOMER mistake. If a proof has been created for an order but the proof has not been approved by the CUSTOMER, and such order is canceled by the CUSTOMER prior to CUSTOMER approving the proofs; CUSTOMER will be charged $45 as a Cancellation fee.
ITI WILL NOT issue refunds for mailing lists purchased. A list is considered purchased once the CUSTOMER has approved the order and made the payment. The mailing list purchased is provided to the CUSTOMER and based on the specific criteria supplied by the CUSTOMER. When CUSTOMER purchases a mailing list, CUSTOMER is bound to the List Rental Agreement.
RMA POLICY (Return Merchandise Authorization):
ITI guarantees prints will not be defective in accordance with industry standards. If a print is found to be defective, then you may contact ITI for a reprint or partial or full refund. ITI must be contacted IN WRITING via online support system within 6 business days of receiving your order. If product is deemed defective, one of the following resolutions will be offered:
1. ITI will reprint with the rush production.
2. ITI will authorize a Return Merchandise Authorization (RMA) number for you. A Quality Assurance representative will contact you within 24-48 hours of your initial query to help issue your RMA number. Contact with the representative must be established within 5 business days to verify the request. ITI must receive the package within 15 calendar days after RMA number is issued. Compensation will be processed only after a RMA number has been issued and the entire product has been returned to ITI then the refund transaction will take place within 10 business days. Samples of the defective merchandise must be required prior to any resolution.
OVERPRINT AND UNDERPRINT POLICY (OFFSET PRESS ONLY)
Due to the gang run method that ITI uses, we cannot guarantee that every order will be the exact number of items which are ordered. ITI can only guarantee that it will come within plus or minus 5% of the number of items ordered. This policy only applies to items printed on an offset press and exclude mailing orders and digitally printed products.
Although we make every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. We will not credit CUSTOMERs if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!
CUSTOMER's mailing list(s), while in the possession of ITI, is the exclusive property of the CUSTOMER and shall be used only with CUSTOMER's instructions. CUSTOMER's mailing list(s) will not be sold or offered for use to any other party, and ITI will not utilize the list for any other purpose. All mailing delivery dates are estimates, not guarantees. ITIs responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (USPS). ITIs responsibility ends when the job is delivered to USPS. In no event shall ITI be liable for USPS performance failures or delivery delays. ITI shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is ITI liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
The CUSTOMER will defend and hold ITI harmless in any suit or court action brought against ITI by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where ITI , acting as the CUSTOMER's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in ITIs sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against ITI for actions of the CUSTOMER's employees which may occur as a result of any mailing.
LIST RENTAL TERMS
ITI grants CUSTOMER, on the terms and conditions set forth herein, a limited, nonexclusive, nontransferable license to use the List obtained. Each List obtained may be used for the number of times specified and permitted.
USE AND RESTRICTIONS FOR LIST RENTALS
a) One Time Use, Permitted Uses: Unless permitted with the appropriate upcharge for two-time and/or multiple (three plus times) use, CUSTOMER is licensed to use, and certifies that it will use, the List provided by ITI for the number of uses permitted and only for one of the following purposes: i) direct mail solicitations, ii) direct mail surveys. This shall not, however, prevent CUSTOMER's use of the List for CUSTOMER's internal analysis or for previous mail suppression. Seed names may be included to detect unauthorized use.
b) Compliance with Guidelines and Laws: CUSTOMER acknowledges that different states and jurisdictions may have guidelines and laws affecting its use of the List and any information or data provided therein. It is CUSTOMER's responsibility to learn of such guidelines and laws, and comply with them. ITI, its data providers, and its affiliates, disclaim all responsibility for CUSTOMER's compliance with such guidelines and laws including any obligation to inform CUSTOMER about any restrictions on use of the List. CUSTOMER agrees that it will use the List provided under this AGREEMENT in accordance with all Federal, state, and local laws, relevant Direct Marketing Association guidelines, and in a manner which gives due consideration to matters concerning privacy, confidentiality, good taste and other issues to which individual and business consumers may be sensitive. CUSTOMER will not in any direct mail solicitation or survey refer to any selection criteria or any presumed knowledge about the recipient, nor will CUSTOMER disclose the source of the recipient's name, address, or any other information. The List may not be merged or incorporated with any other file without the express written consent of ITI. The List, or any information or data provided therein, may not be used to enhance a file or list owned by any third party, to develop any list, enhancement, or product, or to prepare, publish, clean, or maintain any directory or look-up service.
c) Geographical Limitation: CUSTOMER represents and warrants that it will only use the List within the United States and its territories and will not use or transfer the List, or any information derived from the List, in whole or in part, outside the United States or its territories for any purpose.
d) Resale Prohibited: CUSTOMER represents and warrants that it will not resell, broker, or otherwise disclose the List to any third party, in whole or in part, for any purpose whatsoever. CUSTOMER agrees that it will not copy or otherwise reproduce the List, information or data provided except for back-up or security purposes. Under no circumstances will CUSTOMER attempt, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria developed or used by ITI in preparing the List.
e) Audit: CUSTOMER will maintain current, accurate and complete books and records relating to its use of the List for a period at least twelve (12) months after each marketing communication. In addition to financial detail, CUSTOMER shall maintain a file of the latest twelve (12) months of communications, to include sample mail pieces, ad copy, or other communications which CUSTOMER has used, and a list of each state to which the marketing communication has been made using the Lists. ITI, or any representative either designates, will have the right to examine and copy or make extracts from all such books and records and any source documents used in preparation thereof, at any time during normal business hours, provided ITI gives CUSTOMER written notice at least five (5) business days prior to any such examination.