These Terms of Use establish the terms under which Surface Reproductions LLC will perform your Creative Services project. The general Surface Reproductions LLC Terms of Use are available via a hyperlink on our website and are incorporated by reference into and made a part of these Creative Services Terms of Use, except to the limited extent that the general Surface Reproductions LLC Terms of Use are expressly modified below.By requesting a Creative Services project from Surface Reproductions LLC, you agree to be bound by these Terms of Use. Please read them, and the general Surface Reproductions LLC Terms of Use incorporated herein, carefully. If you do not wish to be bound by the Terms of Use, Surface Reproductions LLC will not be able to perform Creative Services for you.
Terms Applicable to Surface Reproductions LLC Creative Services
1. General Terms Applicable to Surface Reproductions LLC 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 Surface Reproductions LLC 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 Surface Reproductions LLC for you as part of your Creative Services project may have similarities to Designs prepared by Surface Reproductions LLC for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Surface Reproductions LLC and Surface Reproductions LLC 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 Surface Reproductions LLC 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 Surface Reproductions LLC. Your right to use any Designs prepared by Surface Reproductions LLC for you is limited to the finished printed products in the form they are supplied to you by Surface Reproductions LLC. You may not copy, disassemble, modify, or transfer any such Designs. d. Surface Reproductions LLC reserves the right, in Surface Reproductions LLC’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 Surface Reproductions LLC shall have no liability of any kind to you or to any third party arising from such refusal or termination. e. Surface Reproductions LLC reserves the right to make changes to these Terms of Use and to the products and services offered by Surface Reproductions LLC Creative Services at any time without prior notice. You should review these Terms of Use, and the incorporated Surface Reproductions LLC Terms of Use, each time you access the Creative Services site. f. Surface Reproductions LLC 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.
2. Terms Applicable to Delivery of Designs and Pre-paid Fees a. Payment for any and all creative services to be provided by Surface Reproductions LLC Creative Services is due in advance of any work by Surface Reproductions LLC 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. Your Designs will be delivered in web preview format by email notification, which you must view by logging in to your Surface Reproductions LLC account with a user ID and Password. If the email address you provide is not valid or is filtered by your email system, Surface Reproductions LLC 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 Surface Reproductions LLC Creative Services team and notifying of you of the completion. 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
.4. Additional Customer Requirements a. You must be 18 Years old or older to purchase a Creative Services project and utilize Surface Reproductions LLC’s Creative Services. b. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Surface Reproductions LLC with any changes, updates, or enhancements to the project you are requesting starting from date of sale. c. You must call Surface Reproductions LLC Creative Services at 330.474.1737 for any requests to cancel services.
5. Damages and Liabilities a. Surface Reproductions LLC Creative Services disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Surface Reproductions LLC site or any information, even if Surface Reproductions LLC has been advised of the possibility of such damages.b. All delivery times are estimates only, and Surface Reproductions LLC is not responsible for any late Creative Services projects and/or impact to Customer’s business due to a late project and/or printing. Surface Reproductions LLC advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.
Terms Applicable to Logo Design Services If your Design Services project involves the development of a logo design, you acknowledge and agree to the following: a. Surface Reproductions LLC is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party. b. Surface Reproductions LLC does not guarantee that your logo will not have similarities to logos designed by Surface Reproductions LLC for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and Surface Reproductions LLC reserves the right to use one or more of the design elements in other logo design projects for other parties in the future. c. Upon payment in full of all design fees owed to Surface Reproductions LLC, Surface Reproductions LLC will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format (Adobe Illustrator, Adobe Photoshop or Adobe Acrobat). Surface Reproductions LLC reserves the right to display the logo in Surface Reproductions LLC advertising, promotional, and corporate materials related to its logo design services.
Terms Applicable to High Resolution Image Creation Services If your Design Services project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following: a. You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to Surface Reproductions LLC and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party. b. Upon payment in full of all design fees owed to Surface Reproductions LLC, Surface Reproductions LLC will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format (Adobe Illustrator, Adobe Photoshop or Adobe Acrobat).