Terms of Use & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

These Terms of Use & Conditions (the "Agreement") contain the terms, covenants, conditions and provisions (the "Terms and Conditions") upon which you may access and use the 48HourPrint.com and Design-Online.com websites (the "Sites") or any of the products or services available through the Sites. The terms "we," "our," and "us," refer to Advanced Media Publications, Inc. d/b/a 48HourPrint.com ("AMP"), the owner and administrator of the Sites, and its officers, directors, employees, licensors, suppliers, vendors, content providers, partners, staff, affiliates, agents and representatives (collectively, the "Affiliated Parties"). You may be referred to as "you," "customer," or "user" in this Agreement.

BY ACCESSING THE SITES, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITES OR ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THE SITES.

We reserve the right, at our sole discretion, to modify these Terms of Use & Conditions at any time and to notify users of any such changes solely by changing these Terms of Use & Conditions. Any such changes shall become effective immediately upon posting on the Sites. Therefore, you should review the Terms and Conditions periodically. Your continued use of the Sites following the posting of any changes shall constitute your acceptance of the revised Terms and Conditions.

Before submitting a print job, please read our Frequently Asked Questions section to be sure that your digital file adheres to the proper guidelines. By following the guidelines we have outlined, you will be ensuring the quickest turnaround and maximum quality of your printed piece. In addition, by placing an order with us, you are bound by and agree to our Store Policies Store Policies .

Please keep in mind turnaround times when submitting a job. Time delays may occur if you do not follow the file guidelines outlined in our FAQ.

If you have any questions regarding proper sizing, color mode, resolution, bleed and live area, please download the appropriate file from our Templates section. Please contact us at 1-800-844-0599, (wait for the prompt and option 3) if you have any further questions regarding your order, technical specifications or any off-set printing terms.

Details Concerning Color Reproduction

Gang-Run Printing refers to the specialization in supplying customers with affordable four-color printing. Utilizing this method known as "Gang-Running", combines your short-run jobs with others having similar requirements. This allows the initial production costs to be spread out over several jobs, greatly reducing the make-ready charges for each customer. All work is carried out by skilled professionals on state-of-the-art equipment to assure you quality work at affordable prices.

But Gang Run Printing has its 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 and order with us 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.

We will show you an online proof of your job shortly after receiving it in our production department, but actual time will vary depending on our current workload. No job will be sent to press without your approval, so please reply as quickly as possible. Please take note that an online proof is by no means an accurate color reproduction of your final printed piece but is a final opportunity for you to check the layout, bleeds, crops and final text.

If you determine that you need to submit new files after we have shown you an online proof, you can do so by replying to the email we sent to you with your proofs. You will be instructed on how to reupload your files.

However, due to the time it takes to pre-flight and prep your files, a $25 fee will be assessed each time you submit new artwork. If you need to submit new files because the original files are corrupt or not suitable for printing, you will not be charged.

By the time your job gets in our hands and we are ready to go 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. We are also not responsible for any wrong dates or misspelled words in files submitted by customer or jobs approved by customer upon design completion.

Mailing Services

All prices are quoted based on the following general terms and conditions, unless specifically stated otherwise in the written quotation. Prices quoted are based on our understanding of the job specifications given at the time of the request for quotation and are subject to review when pieces have been received. To avoid any misunderstanding, and to ensure that all customer work is processed in an orderly manner, all mailing services instructions should be in writing. Instructions not provided in writing may lead to problems for which we cannot be responsible.

Scheduling and Turnaround

All print jobs with Mailing Services will add 1 business day to the posted turnaround Times.

We require at least four (4) days for job processing of Mailing Services starting from the day we receive you're mailing (data) list. WE CANNOT MAIL YOUR JOB WITHOUT RUSH FEES IF YOU DO NOT PROVIDE YOUR MAILING LIST AT LEAST FOUR (4) BUSINESS DAYS FROM THE REQUESTED MAILING DATE. This facilitates job processing by allowing time for successful, complete file importing. In the event your print or mail schedule changes, please inform us immediately; we will make every effort to accommodate the revision.

Service Refusal and Termination

By submitting a print job, you represent and warrant that you have all necessary rights in and to such a print job; that such print job shall not infringe any intellectual property, proprietary or other rights of third party; and that such print job does not contain any viruses, or other contaminating or destructive devices or features. We reserve the right to refuse service to, or terminate the order of any customer, for any reason, including, but not limited to offensive, unlawful, obscene, malicious or otherwise objectionable material. By submitting a print job, you agree to defend, indemnify and hold AMP and the Affiliated Parties harmless from and against any breach or alleged breach of any of our representations, warranties or undertakings hereunder.

Delivery Timing

Standard-A (formerly 3rd Class) Mail offers the most economical alternative for delivery of your direct mail piece, but delivery times may be longer than First Class service; this information should help in planning a realistic schedule.

* Please note: Standard mailings can have large variations in delivery times due to the time of year and volume of mail flow. For instance, Standard Rate may take considerably longer at peak mailing periods such as the holidays. We assume no responsibility for delays caused by US Postal Service or any damages resulting from the failure to receive a job on time. The expected delivery date is not guaranteed by US Postal Service or by us.

If you are mailing a time dated piece, be sure to include requested delivery date when placing your order.

Data Lists

Data lists should be in ASCII, Excel, Access or DBase formats. The list should contain a header format. We will perform address standardization, zip correct, add zip +4 designation, add postnet barcode, CASS & PAVE certify.

Postage Requirements
To allow sufficient time for deposit with the U.S. Postal Service, when you use our mailing permit number we require that all bank checks, money order and wire transfer payments to cover postage be in our possession three days before your mail date. If a postage deposit is not received, we cannot advance the postage required, and the U.S. Postal Service will not accept your mail. UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE A JOB HAS BEEN MAILED BY THE U.S. POST OFFICE. Please make certain that you have advanced adequate postage to cover your entire mailing, including the foreign portions. When using your own permit, funds must be deposited the day prior to the scheduled drop date and a copy of the postal receipt faxed to our office. If funds have not been deposited, causing us to bring the mail back, you will be charged a trip fee.

Limitations of Liability for Mailing Services

OUR LIABILITY FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES HEREUNDER IS EXPRESSLY LIMITED TO THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE SERVICES RESULTING IN SUCH ERROR, MISTAKE, OR FAILURE TO PERFORM.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO ANY CUSTOMER FOR SAID CUSTOMER'S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES.

The chargeable items listed below are not included in prices quoted unless specifically stated:

"The packing and handling of overages will be billed at current rate plus materials and freight charges."

"Storage charges on material held more than 30 days after job completion will be billed at current rate per skid or square foot of space used on a monthly basis. Any materials requiring storage for a period of ninety days or longer will be subject to long term storage charges."

"If, due to shortages of material supplied by the customer, an additional set-up is required to complete the job, there will be additional charges, based on the job requirements."

"Pick-up and/or delivery to or from our plant will be billed at the current rates."

Services and Conditions of Use

As part of our service, we may provide you with information and other services that we may decide to offer, subject to the terms of this Agreement. Upon notice published through the Sites, we may modify this Agreement at any time. You agree and continue to agree to use the Sites and our services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions set out in this Agreement.

Any original media (discs, pictures, slides, proofs, images, graphic files, printed pieces, etc.) become the property of AMP and can be used in any and all promotional pieces used by AMP, including but not limited to website images and sample product pieces.

Website Usage

You may not use any automated means to access the Sites or collect any information from the Sites (including, without limitation, agents, robots, spiders or scripts), frame the Sites, utilize framing techniques to enclose any proprietary information or material, place pop-up windows over the Sites' pages, or otherwise affect the display of any web pages on the Sites. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping" and any other activity intended to collect, store, reorganize or manipulate the information contained in the Sites. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, interfere with any other party's use of the Sites, or otherwise undermine the integrity of the Sites.

No Resale of the Sites

You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Sites to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites.

Editing, Deleting and Modification

We reserve the right in our sole discretion and for any reason to suspend, discontinue, edit or delete any documents, information, products, services, or other content appearing on or available through the Sites.

Copyright

The Sites are protected by applicable copyright laws. The content, organization, design, text, compilations, images, photographs, illustrations, artwork, or other graphics and graphic material, audio, video, domain name, HTML and other code, and any other copyrightable elements, as well as the selection and arrangement thereof, and other materials related to the Sites (collectively, the "Content and Materials") are protected under applicable copyright laws. You may not modify or alter the Content and Materials or any portion thereof. You may not copy, publish, transmit, distribute or create derivative works based upon the Content and Materials or any portion thereof, nor may you post the Content and Materials or any portion thereof on any website, network, computer or broadcast media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, or use the content for personal, public or commercial purposes without written permission from an authorized representative of AMP. It is also strictly prohibited to download any text images or other content appearing on the Sites. You may not reproduce, publish, transmit, distribute, display, modify, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content and/or Materials of the website or any related intellectual property.

DISCLAIMER OF WARRANTY

THE SITES AND THEIR CONTENT AND MATERIALS, AND THE PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES, ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITES MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITES. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL AMP OR THE AFFILIATED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OR DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITES, THE PERFORMANCE OF THE SITES, OR OF FAILURE TO PROVIDE SERVICES THAT YOU ORDER FROM OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL AMP OR THE AFFILIATED PARTIES BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITES OR THE CONTENT AND MATERIALS.

LIMITATION OF LIABILITY AND WARRANTY

CUSTOMER AGREES THAT USE OF THE SITES AND ANY SERVICE PROVIDED THROUGH THE SITES 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 SITES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SITES OR SERVICES. 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 THE SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT AMP AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY CUSTOMER OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER AMP NOR THE AFFILIATED PARTIES 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 SITES OR ANY SERVICE PROVIDED THROUGH THE SITES OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND MATERIALS ON THE SITES AND ANY PRODUCTS OR SERVICES PROVIDED OR OFFERED THROUGH THE SITES.

IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED THE AMOUNT ACTUALLY PAID TO US, IF ANY, FOR OR THROUGH USE OF THE SITES.

Trademarks

All trademarks/service marks appearing on the Sites are trademarks/service marks of their respective owners.

Miscellaneous Provisions

You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Sites. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflict of law principles). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in Massachusetts and you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the warranty and liability disclaimers and limitations set forth in this Agreement. The section titles in this Agreement are for convenience only. You may not transfer any rights or obligations you may have under this Agreement. This Agreement, or any right or obligation hereunder, is freely transferable by us. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their permitted successors and assigns. This Agreement may be terminated by either party for any reason at any time. However, you agree that the foregoing Terms and Conditions shall survive any termination of this Agreement or your rights of access to the Sites.