Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.Alpha Press, Inc. reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Standard for Electronic Transactions
Alpha Press, Inc. is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Alpha Press, Inc. Limited, and/or its subsidiaries (referred to herein as “Alpha Press, Inc.”) or the copyrighted property of parties from whom Alpha Press, Inc. has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Alpha Press, Inc. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Alpha Press, Inc. 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 logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Alpha Press, Inc. customers may use the design tools to create logos that have similar or identical combinations of these elements and Alpha Press, Inc. does not guarantee that your logo will not have similarities to logos designed and used by other parties. Alpha Press, Inc. provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Alpha Press, Inc. (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Alpha Press, Inc. does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Alpha Press, Inc..You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Alpha Press, Inc. may terminate its service to customers found to be using Alpha Press, Inc. to engage in undesirable activities.You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Alpha Press, Inc. to produce the Products on your behalf.
You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Alpha Press, Inc. reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Indemnification
You agree that you shall indemnify and defend Alpha Press, Inc. and all parties from whom Alpha Press, Inc. 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 that was not part of the standard Site Content.
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
IN NO EVENT SHALL ALPHA PRESS, INC. OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ALPHA PRESS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM ALPHA PRESS, INC. OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL ALPHA PRESS, INC. BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Alpha Press, Inc. in connection with the operation or content of this Site shall be provided by the submitter and received by Alpha Press, Inc. on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Alpha Press, Inc. By submitting any such information to Alpha Press, Inc., you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Alpha Press, Inc. shall be free to use such information on an unrestricted basis.
Governing Law
Alpha Press, Inc. Limited is based in Orlando, Florida and all transactions take place on Alpha Press, Inc.'s servers located in Florida. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Orange County, Florida. You agree to submit to the jurisdiction of Orange County, Florida courts and agree that venue in these courts is proper in any such legal action or proceeding.
Terms Applicable to Alpha Press, Inc. Creative Services
1. General Terms Applicable to Alpha Press, Inc. Creative Services
a. If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
b. If you provide Alpha Press, Inc. with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
c. The designs and/or written copy (collectively, “Designs”) prepared by Alpha Press, Inc. for you as part of your Creative Services project may have similarities to Designs prepared by Alpha Press, Inc. for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Alpha Press, Inc. and Alpha Press, Inc. reserves the right to use the same or similar Design elements in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to Alpha Press, Inc. by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by Alpha Press, Inc.. Your right to use any Designs prepared by Alpha Press, Inc. for you is limited to the finished printed products in the form they are supplied to you by Alpha Press, Inc. You may not copy, disassemble, modify, or transfer any such Designs. Customer knows that what is on their monitor and what is printed could have a slight variation in color. If color is critical, customer must order / request a color proof for approval
d. Alpha Press, Inc. reserves the right, in Alpha Press, Inc.’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Alpha Press, Inc. shall have no liability of any kind to you or to any third party arising from such refusal or termination.
e. Alpha Press, Inc. reserves the right to make changes to these Terms of Use and to the products and services offered by Alpha Press, Inc. Creative Services at any time without prior notice. You should review these Terms of Use, and the incorporated Alpha Press, Inc. Terms of Use, each time you access the Creative Services site.
f. Alpha Press, Inc. reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.
ONLINE DESIGNER
g. Note:Use of the online designer tool constitutes agreement and acceptance that your final order will be comprised of information entered onto Alpha Press, Inc. website.Alpha Press, Inc. is not responsible for proofing any/all information entered by you or on your behalf by a third-party.Once the box is checked and order is submitted Alpha Press, Inc. can not cancel order and it is clients responsibility to make sure all information is correct.
h. Any and all material created via Alpha Press, Inc. website and stored on via Alpha Press, Inc. servers is the sole property of Alpha Press, Inc., at all times.
i.If color is critical in this order, we suggest you order a color proof to make sure color matches.What is seen on the screen and what prints does have variation.More information is available in our FAQ section (under help).We can not guarantee color that comes from your monitor because your monitor might not be calibrated to our printers.
2. Terms Applicable to Delivery of Designs and Pre-paid Fees
a. Payment for any and all creative services to be provided by Alpha Press, Inc. Creative Services is due in advance of any work by Alpha Press, Inc. Creative Services.
b. Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification, which you must view by logging in to your Alpha Press, Inc. account with a user ID and Password. You will then have 30 days in which to request up to 2 free revisions. If the email address you provide is not valid or is filtered by your email system, Alpha Press, Inc. Creative Services will not be liable for any missed deadlines and will not refund clients for this reason.
c. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee.
3. Acceptance and Cancellation
a. Projects may be cancelled within 10 days of the initial Designs being completed by the Alpha Press, Inc. Creative Services team and placed in your Alpha Press, Inc. account. If you do not cancel your Creative Services project within such 10-day period, you will be deemed to have accepted such Designs, and all amounts paid or payable by you for the Creative Services project will be nonrefundable.
A request to cancel should be done by phone (Contact Us) to prevent the job from moving forward in the production process. Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to our manufacturing procedures, you may only cancel an order without incurring additional fees prior to the preflighting of the artwork. Preflighting is the process of checking digital files to make sure they conform to our file specifications including but not limited to document size, bleed area, safe area, resolution and color mode. All requests for cancellations AFTER Preflighting of the artwork are subject to a cancellation fee. Jobs in which we have sent out a Hard Copy proof will be subject to 15% cancellation fee along with the cost of shipping the Hard Copy proof. No refunds will be given for orders cancelled after your job has been added to a Press Sheet. Orders cancelled after 30 days are only eligible for house credit.
4. Additional Customer Requirements
a. You must be 18 Years old or older to purchase a Creative Services project and utilize Alpha Press, Inc.’s Creative Services.
b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Alpha Press, Inc. with any changes, updates, or enhancements to the project you are requesting starting from date of sale.
c. You must call Alpha Press, Inc. Creative Services at 800-377-6155 for any requests to cancel services.
