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Fireball Printing Website User Agreement and Terms of Service

Introduction.  This  Agreement is a legal  contract between You and  Fireball  Printing,  LLC (“Fireball”).  You  should  treat  this  agreement  as  any  other  legal  contract  by  reading  its provisions carefully,  as they will affect Your legal  rights.  By accessing Fireball’s website in any manner, You are affirmatively agreeing to be bound by all of  the terms contained in this Agreement.  You may not pick  and  choose which  terms apply to You.  If  You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site.

 

Last Modified: April 2, 2013

1.Terms of Service

We offer free digitally printed hard proofs, for any digital order of 125 quantity or higher. For posters and booklets, the minimum order quantity for a free proof is 50. If You do not request a hard proof, Fireball cannot guarantee the quality of any specific print. Fireball will provide You with hard proofs upon request. For digital orders, colors may vary slightly between the hard proof and the finished product. For offset and large format orders, a hard proof is not a guarantee of color accuracy. While the proof is free, standard shipping charges still apply. You are responsible for all shipping charges. Fireball takes no responsibility for shipping charges, or other incidental charges related to shipment. You must approve hard proofs in writing before we can proceed with printing your order. Orders cannot be cancelled once printing has started. Orders can only be cancelled during business hours, if work on the order has not started. For purposes of this paragraph, an order is cancelled when, and only when, cancellation has been acknowledged by a representative of Fireball, and You have received written confirmation of that cancellation. Business hours are 11:00 a.m. to 6:00 p.m Eastern Standard Time. Fireball may provide You with a written estimate. All written estimates expire within thirty (30) days. Quotes are based on the accuracy of the specifications provided. The only binding quotes are those supplied in writing, via email. Quotes given via telephone, or any method of communication other than electronic mail, are not binding and in no manner are intended by Fireball to create an enforceable contract.Fireball does not use or print with paper or materials supplied by the client, but may do so at Fireball’s discretion. Fireball is not responsible for damages or mistakes in printing that may occur to materials that You have supplied. You must be very careful about what You provide to Fireball. Once You provide your file to Fireball, You are solely responsible for any typographical or other errors that are in the design. Fireball will assume that You want to print exactly what You provided. Fireball is in no way responsible for any typographical errors. You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Fireball recommends that You lay your files out according to Fireball’s templates and guidelines. If You give Fireball a file that’s not laid out in accordance with Fireball’s templates, Fireball cannot guarantee the correctness or quality of the printed piece and disclaims all responsibility and/or liability for any deviations between the templates and guidelines and the printed piece in such a case.It is Your responsibility to maintain a copy of the original computer files and artwork. Fireball is not responsible for accidental loss or damage to media supplied by You or for errors on artwork furnished by You. If Fireball, as a courtesy to You, covers any accidental loss or damage to media supplied by You, Fireball’s courtesy does not act as a waiver of its rights under this paragraph in relation to Your present order, or any future orders submitted by You. Until Fireball evaluates digital input, no claims or promises are made about Fireball’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. Fireball does not archive your work for longer than it takes to produce the final product. Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs andthe completed job is to be expected. When such a variation occurs, it will be considered acceptable performance. Fireball accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product. All colors contained within any RGB digital file will be converted to Fireball’s CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed pieces may differ from what You see displayed when viewing your layout via Fireball’s online final approval process, if an online final approval process is available for Your Order. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. If files are submitted in RGB mode, You are authorizing Fireball to convert the file(s) to CMYK mode. You understand that converting files from RGB to CMYK may cause color shifting.Fireball is not a storage facility. Once your order is completed, Fireball will hold it for thirty days. After thirty days, Fireball will assume You have abandoned your order. Fireball reserves the right to dispose of your order if You have not picked it up within thirty days after it was completed. While Fireball is respectful of free speech, it also reserves the right to refuse to print any material at its sole discretion. This could include, but is not limited to, material that Fireball deems to be illegal, obscene, or discriminatory. Fireball will notify You if it refuses to print your material. You will then be permitted to change the contents to meet Fireball’s requirements. You understand and acknowledge that for a reorder, colors may not match the original order. Fireball recommends providing it with a hard copy to match if the colors need to be consistent. If for any reason Fireball must reprint a project, Fireball must use the original files uploaded. Under no circumstances will Fireball accept new files for the reprint. Fireball reserves the right to assign any portion of your order to a third party. You authorize Fireball to do so.

2. Production Time

Quoted production times commence only after Fireball receives final approval of your layout and summary of printing charges with no further changes. All quoted production times are stated in normal, working business days, which exclude weekends and holidays.Fireball prides itself on quick turn-around time. However, in order to provide You with an accurate turn-around time, You must submit your order before 5:00 p.m. If You submit an order after 5:00 p.m., it is deemed submitted the next business day. In other words, an order submitted at 5:30 p.m. on Friday will be deemed to have been submitted on Monday morning. Print turn-around time does not include any additional work involved, such as drilling, mailing, etc.All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production.Fireball often has to deal with third parties, such as the United States Postal Service, in order to complete your transaction. However, Fireball has no control over these third parties.Accordingly, Fireball cannot be responsible for mistakes made by the shipper, the United States Postal Service, or any other third parties. You understand and acknowledge this.Please account for additional time for delivery of Your order as the number of delivery days is dependent upon the delivery service You select. For each non-business day, which includes weekends and holidays, add one (1) additional day to the production time. Expected delivery date and production times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. Fireball is not liable for damage caused by any service carrier.

3.Payment

The fees for Fireball products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order.Fireball accepts payment through cash, credit card, or checks written by businesses entities and non-profit organizations, excluding sole proprietorships. Fireball does not accept payment by personal check. For payments made by cash or check, the cash or check constituting payment must be received by Fireball before Your Order can be processed, unless Fireball and You have reached an agreement, confirmed, in writing via electronic mail, stating other payment arrangements.A $35.00 fee will be assessed to any check that is returned. Fireball is not responsible for any disputes between You and any credit card company, debit card company, bank, or other services that effectuates payments. If for any reason a credit card payment is returned or not honored, Fireball will assess a $35.00 fee. Fireball also accepts Purchase Orders from governmental authorities, corporations and other business organizations, excluding sole proprietorships, and educational institutions with prior approval. Prior approval is granted in Fireball’s sole discretion and this paragraph does not obligate Fireball to approve any particular purchase order. Any amount due to Fireball, which is not paid, may result in nondelivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.00. Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges.No refunds of any nature will be granted once Fireball begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.

4.Electronic Signature.

Electronic Signatures / Assent Required – Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Reading or accessing this website, clicking any link thereupon manifests your intent to be bound by all of these Terms & Conditions. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.If You fail to assent to this Agreement, You understand that You are an unauthorized user of the Site. No act or omission by Fireball should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher’s services.

5. Authorized Use.

This website is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

6. Ownership

You: (i) represent and warrant that You have all necessary permission, right and authority to place an order with Fireball and; (ii) are authorizing Fireball to print such order on your behalf. Any images/graphics, text or other materials supplied to Fireball by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Fireball. However, any additional materials created by Fireball in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc…) are and shall remain the sole property of Fireball. Digital files of a Fireball assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. Fireball reserves the right to reprint and distribute your finished product as examples of a Fireball product for any and all promotional purposes. If You do not want Fireball to use your order for any promotions, please send a letter, via certified mail, to: Fireball Printing, LLC, 2644-48 Coral Street Philadelphia, PA 19125. All content included on this Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of Fireball or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Fireball and its content suppliers do not grant any express or implied rights to You under any patents, copyrights, trademarks or trade secrets.

7. Modifications

From time to time, Fireball may revise this Agreement. Fireball reserves the right to do so, and You agree that Fireball has this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.Fireball agrees that if it changes anything in this Agreement, Fireball will change the “last modified date” at the bottom of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of any websites in the Network. Waiver – if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. Fireball is not responsible for Your neglect of Your legal rights.

8. Disputes Under this Agreement

Claims for defects, damages, or shortages must be made by You in writing no later than 10 calendar days, inclusive of weekends and holidays, after the date of receipt of Your order by You. For purposes of this paragraph, date of receipt shall mean the calendar day that You, or Your agent, servant, employee, or representative, picked up Your Order at Fireball’s physical address, or the date Your Order was shipped, if Fireball is shipping Your Order to You. If no such claim is made, Fireball will understand that the job has been accepted. By accepting the job, You acknowledge that Fireball’s performance has fully satisfied all terms, conditions and specifications.Any and all disputes arising under this Agreement, without exception, must be resolved in Philadelphia, Pennsylvania in the Philadelphia Court of Common Pleas.The parties agree to exclusive jurisdiction in, and only in, Philadelphia, Pennsylvania. The parties agree to exclusive venue in, and only in, Philadelphia, Pennsylvania. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than Philadelphia, Pennsylvania. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever. All parties stipulate that the state courts with jurisdiction over Philadelphia, Pennsylvania shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to each party’s address for the giving of notices as set forth in this Agreement.Choice of Law: You expressly agree that this Agreement and any disputes related to it is governed by Pennsylvania law.Assignment – The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.Attorney’s Fees – You agree to pay all of Fireball’s legal fees if they prevail in any legal proceeding.You agree to defend and indemnify Fireball should any third party be harmed by Your illegal or tortious actions or should Fireball be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.You agree to defend, indemnify, and hold harmless Fireball, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or while under another person’s authority including without limitation to governmental agencies), use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this User Agreement.You agree that any damages caused to You by Fireball or website are limited to $500.00.

9. Entire Binding Agreement.

This Agreement constitutes the entire agreement between the parties and supersedes and replace all prior understandings or agreements, written or oral, regarding such subject matter.
10. Disclaimer and Indemnification.

You also agree to defend and indemnify Fireball should any third party be harmed by Your illegal, tortious, or other actions or should Fireball be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.You agree to defend, indemnify, and hold harmless Fireball, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or while under another person’s authority including without limitation to governmental agencies), use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this Agreement.

11. Digital Millennium Copyright Act

Fireball Printing respects the intellectual property of others. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If You believe that Your work has been copied or used in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Publisher’s Designated Copyright Agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; Description of the copyrighted work or other intellectual property that You claim has been infringed; A description of where the material that You claim is infringing is located on a Site; Your address, telephone number, and email address; A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.You must send your Notice of Claimed Infringement to:A. Jordan Rushie! Mulvihill & Rushie LLCThe Fishtown Lawyers2424 E York Street, Suite 316 Philadelphia, PA 19125

12. Repeat Infringement Policy

Fireball will suspend or terminate your access to this website if Fireball determines, in its reasonable discretion, that you have repeatedly breached these Terms of Service. If Fireball receives a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings within any twelve month period is liable to have their account terminated. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Fireball at its discretion.