Terms and Conditions of Service
Welcome to PrintBurner.com. The PrintBurner.com website, including its software, features, applications, and services (collectively, the “Website” or “the Service” or “PrintBurner.com”) is operated by PrintBurner LLC (“PrintBurner.com”), located at 208 North Market Street, Suite 250, Dallas, TX.
PrintBurner.com reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Website. Your continued use of the Service after amendments are posted constitutes your acknowledgement and acceptance of the Agreement as amended and/or modified. Except as provided in this paragraph, this Agreement may not be amended or modified.
Registration, Age Requirements and Account Holder Responsibility
In order to access certain portions of the Service, upload content to the Website, and order product, you will need to create an account and become a “Registered User” of the Website. To become a Registered User you must be at least 18 years of age or otherwise be able to form a legally binding contract with PrintBurner.com. PrintBurner.com does not sell products for or to children, but sells its products to adults who can purchase with a credit card or other permitted payment method.
When you register with the Website and set up your account, you must provide PrintBurner.com accurate, current, and complete information about yourself, such as your name, e-mail address, billing address and any other personal or preference information requested or that you provide to us. You agree to keep this information accurate and up-to-date.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding PrintBurner.com account information. You agree not to disclose your password to any third party. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your PrintBurner.com account, whether or not you have authorized such activities or actions. You hereby represent and warrant that you have the legal right to use any credit card or other approved payment method used to initiate and consummate any transaction made on the Website.
You agree to immediately notify PrintBurner.com administrators of any unauthorized use of your username, password, PrintBurner.com account or credit card.
You agree not to use false identities or impersonate any other person or use a username or password that you are not authorized to use. PrintBurner.com reserves the right to refuse to grant anyone a username for any reason in its sole discretion; require you to change your username for any reason and may do so at anytime; or to shut down any user account PrintBurner.com deems in its sole discretion to be unauthorized, illegal, or inappropriate.
Order Placement and Payment
PrintBurner.com makes reasonable business efforts to provide current and accurate descriptions and prices of its products. However, product prices, product availability and product promotions are subject to change without notice prior to our acceptance of your order. All prices and amounts shown on the Website are in U.S. Dollars and you hereby agree that all charges, taxes and shipping and processing fees will automatically be charged to your credit card or otherwise paid by you with an approved payment method. Tax exemptions will not be granted unless PrintBurner.com receives a valid and signed tax exempt certificate with your product order or as otherwise provided by law.
Order Approval and Change Orders
You are responsible for final proof and layout approval of your artwork prior to sending your job to press. Any jobs that have been approved and sent to press cannot be altered or changed due to the automated process which results from approving your files and checking out. In general, once the check out process is completed, your artwork is automatically “sent to press” unless otherwise notified by PrintBurner.com.
Turnaround times begin only when the following criteria have been met:
1. Your order has been entered, processed and the transaction approved;
2. You have uploaded your artwork for your job;
3. You have viewed and approved your proof;
4. Your artwork was not sent back for confirmation due to Defective Art or Suspect Art; and
5. You have completed the checkout process, thus sending your job to press.
All turnaround times are based on business days: Monday through Friday excluding PrintBurner.com’s Official Non Productions Dates (see below) and un-reasonable weather days.
All jobs with standard turnaround times (2-10 days) submitted to production before 8:00 AM (CST) may qualify to start production that same day, otherwise art submitted before 11:59 PM (CST) will begin production the following business day. Visit our FAQ for an illustrated turnaround time chart.
EXAMPLE: If a job with a three (3) day turn-around is submitted, approved, and sent to press on Monday at 8:00 PM (CST), Day 1 of the turnaround time is the following business day and the job will complete on Thursday of that same week. Depending upon the time the job was completed, shipping may occur on that Thursday or if shipments have been picked up, will occur on Friday. PrintBurner.com makes every attempt possible to ship out product on the same day it is completed.
PrintBurner.com strives to ship every job on time within reason. If we ship your job late, PrintBurner.com will upgrade your shipping method at no additional cost to you in order to meet the arrival date you would have had if your order were to have shipped on time.
If this is not possible (for instance, if you have 1 day turn with overnight shipping), PrintBurner.com will refund you the difference between the cost of the turnaround time you ordered and the cost of the actual turnaround time. This does not apply to jobs where the original shipping date has been recalculated due to a job being placed on hold for Suspect Art or other delays caused by you. In such case, you may upgrade the shipping method prior to the job actually shipping at your own expense.
Cancellation of a job or entire order based on turnaround time is permitted only if a PrintBurner.com Customer Service Supervisor agrees to such terms in writing or by email during the order entry process. If you have a time-sensitive job, please be sure to notify Customer Service at or prior to the time your order is placed.
Official PrintBurner.com Non-Production Dates:
New Years Day - Jan 1
Martin Luther King, Jr Day – Third Monday in January
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - First Monday in September
Halloween – October 31st
Thanksgiving - 4th Thursday & Friday in November
Christmas - December 25th
After you have approved your proof and sent your job to press, PrintBurner.com’s quality control personnel may, but are not required to, stop your job if they believe your job contains “Suspect Art” or “Defective Art” i.e. artwork that has defects such as low resolution. In the event your job is suspended for Suspect Art, you will receive an email message notifying you of this fact, and your job will be put on hold until you: (1) re-submit and re-approve new art; or (2) send the job to press as-is. While a job is on hold in this manner, the production clock is on hold. PrintBurner.com is not responsible for expediting your order if time is lost as a result of your failure to meet production design requirements.
Note: Quality control personnel will not review your submitted art if you choose “No Art Check” in the checkout process. In such event, your job will be printed as is and PrintBurner.com will not be responsible for the quality of the printed job.
Gang Run Printing
To help lower your cost of printing, PrintBurner.com may print several jobs together, known in the industry as “gang run printing.” All gang run printing is subject to a 10% color variance. If your job is color critical, we recommend that you order a hard copy proof to ensure color matching. It is your responsibility to determine if your job is color critical prior to placing your order.
Hard Copy Proofs
If you choose to order a hard copy proof, it will be mailed the day after you approve your artwork. The time it takes for a Member to receive and approve a color proof does not count in the production calendar. After you have received and reviewed your hard copy proof, you must log-in to your account and click the “Approval” button to indicate your approval of your proof and begin the production process. Production of a job does not begin until you complete these steps.
The hard copy proof is printed on a substrate (i.e. special proofing paper) which is different than the final paper stock used in the final printing process. The hard copy proof is color-matched to a four color process on coated papers and does not simulate other stocks such as uncoated paper. Hard copy proofs are printed digitally either by ink-jet proof printers or by digital press laser printers. Accordingly, while a hard copy proof will visually show color and a reasonable likeness to the final printed pieces, variation between the hard copy proof and the final printed piece should be expected. If a variation occurs due to these circumstances, the resulting printed job is considered acceptable.
If you submit a job and do not request a hard copy proof, your job(s) will be printed as is. PrintBurner.com will not be liable for color variation between a soft-proof and the final printed product.
It is your responsibility to review your order prior to sending it to press. PrintBurner.com will not be responsible or liable for:
- Spelling, punctuation, or grammatical errors made by you;
- Inferior quality or low-resolution of uploaded images;
- Design errors or color selection errors introduced by you in the artwork file creation process;
- Errors in user-selected options such as product type, paper selection, size, finishing options, or quantity;
- Incorrect file dimensions, image orientation, or file submission in accordance with PrintBurner.com specifications;
- Duplicate orders placed by you;
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services selected by you;
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you; and
- Color matching or ink density on screen proofs approved by you. Note: screen proofs will predict design layout, text accuracy, image proportion and placement, but not the finished size, color or density.
Art Resolution Requirements
You must provide at minimum 300 dpi high resolution images suited for offset printing. Artwork submitted lower than 300 dpi will likely result in a poor or low quality printed image. PrintBurner.com is not liable for fuzzy or pixilated printed images resulting from low resolution artwork.
Bleed and Caution Margin Requirements
The edge of final printed piece is called the trim line. If you want your image to extend to the trim line, you must include a 1/8” (0.125") symmetrical bleed (margin) for such designs. You must exclude important content from the caution zone, defined by the inner 1/8” (0.125") margin to the trim line. PrintBurner.com allows for a 1/16 (0.0625") tolerance for error with each bindery process, therefore adherence to bleed and caution margins are important to image fidelity. PrintBurner.com recommends that your download the template for the product you are ordering and refer to the “Artwork Guidelines” pdf or the FAQ guidelines provided on the Website. If at any point you are unsure of the design requirements for your artwork, please contact Customer Service for assistance; they’re there to help!
Backing Up Artwork On Two Sided Works
You must upload artwork so that the finished piece backs up correctly. For flat, folded and die-cut work, excluding bound products, all pages are backed up head to head. The head of a page is defined by the top of the rendered proof and the bottom is called the foot (helpful hint: on a PrintBurner.com online proof, the head will always be indicated by the word “HEAD” on top). The head of one side backs up to the head of the other page on two sided work. PrintBurner.com recommends that you always print laser proofs and back them up head to head to make a folding dummy, which will ensure your artwork is set up properly. You may need to rotate a page after proof review and resubmit art to ensure your pages will back up properly. If you need assistance backing up your artwork or verifying orientation of your artwork, please call Customer Service for assistance before sending your job to press.
All art submitted for bound product must be uploaded as a single, multi-page pdf file. The pages within your submitted pdf should be arranged and sorted in the same order as you want your finished printed product to appear. For example, a 28-page booklet or calendar pdf: page 1 = outside front cover; page 2 = inside front cover; page 3-26 = subsequent pages; page 27 = inside back cover; page 28 = outside back cover. PrintBurner.com will not be able to proceed with your bound product order unless these minimum requirements are met.
Color Space Conversion
For predictable and accurate color results PrintBurner.com recommends that you always use CMYK color space when designing your artwork. PrintBurner.com is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For assistance in creating your artwork in CMYK color mode, please contact Customer Service. During the online proofing system, PrintBurner.com will convert any CMYK color spaces to RGB for viewing purposes only. Your original color space will not be changed.
Full color jobs that contain large solid areas of black ink should have the black set up as CMYK Rich Black (formula: 60, 40, 40, 100). PrintBurner.com will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification. Please note: Rich Black should not be used for text.
You must notify PrintBurner.com within 2 business days of order delivery to report any defects discovered in your delivered product. In the event a defect in your printed product, 100% of the product should be returned to PrintBurner.com at your expense within 10 business days from the date of delivery. Should the claim be approved by PrintBurner.com, a reprint at no cost will be shipped to you using the original shipping method.
Refunds and Cancellations
All sales are final. Cancellations and full refunds are available only if you have not: (1) uploaded any artwork to the Website; (2) submitted any artwork to Customer Service; and (3) sent your order to press. In the event you cancel your order prior to checking out, PrintBurner.com will refund your purchase price less a $15 administrative and processing fee and any fees applicable to hard copy proofs, file repairs, and mailing list processing. For all order cancellations, you must contact PrintBurner.com Customer Service within 30 days of placing your order to request your refund. Refund requests made after 30 days, if approved by PrintBurner.com in its sole discretion, will be issued as a credit toward your next order.
Overuns and Underruns
Over-runs or under-runs will not exceed 5%. If a job is short, PrintBurner.com will prorate the missing quantity in the form of a credit toward future orders. If a job is short 250 pieces or more, PrintBurner.com may, in its discretion, reprint the missing amount.
Art File Retention and Access
PrintBurner.com will use reasonable efforts to maintain art files and PDF proofs uploaded to the Website for a reasonable period of time, not to exceed a year. Notwithstanding the preceding sentence, you hereby agree that you are solely responsible at your sole cost and expense for creating backup copies of your content, including but not limited to art files and PDF proofs uploaded and/or generated through use of the Service. PrintBurner.com does not guarantee that content uploaded to the Website will be available for future use.
Marketing Promotions and Discount Codes
Please note that all prices and specifications are subject to change without notice. Check www.PrintBurner.com for current prices. If you are using a discount code, qualifying orders must be placed online and paid in full before the promotion expiration date. Offers are not valid on previous orders or gift certificates. Non-shipping related promotions apply to printing charges only. Custom quotes, mailing postage, shipping charges and sales tax, etc. are excluded from offer discounts. Ground shipping promotions are limited to packages shipped within the Continental U.S. with the selection of the Ground option only; the maximum value of the offer may vary by product or campaign. One discount code per order only; promotions, coupons, or credits cannot be combined.
Shipping and Transfer of Title
PrintBurner.com ships jobs via UPS or via other nationally recognized carrier chosen by PrintBurner.com in its sole discretion. PrintBurner.com is not responsible for delays caused by shipping carriers, weather conditions, mechanical malfunctions or other unforeseen delays. You hereby agree that the shipping terms for any and all purchases are “Freight On Board Shipping Point” or “F.O.B. Shipping Point” which means that the risk of loss and title for any purchase passes to you upon our delivery to the carrier.
If a print order is not delivered due to an error in the shipping address provided by the Member, PrintBurner.com will correct the address and reship the order at the Member’s cost.
Please note that PrintBurner.com may not combine items from the same print order into one package. Due to the nature of our printing process, items from the same order may be printed in separate runs and completed at different times than the other items in your print order. PrintBurner.com may ship each item from your order separately to ensure you receive your products as soon as they are ready.
For any product that is provided to you in an electronic format, you agree that delivery of such product shall be deemed to have occurred either: (1) at the time we transmit the product via email or other electronic communication addressed to you; or (2) at the time we transmit a notification to you that the product is available for downloading from the Website.
Will Call & Picking Up Your Job
If you choose to pick up your job order in person, you may do so at Will Call, located at the address provided on your Will Call notice. You must have your job order number at the time you pick up your job.
PrintBurner.com will send you an email notification when your job is ready for pick up. You may also log in to your account to check the status of your job. You must pick up your job from Will Call within 30 days from the date it is ready. If you do not pick up your job within this time period, your job will be recycled and PrintBurner.com will not be responsible or held liable for the discarded items.
PrintBurner.com is not responsible for automated email notifications that are redirected due to your email filter settings. If you use an address with an email filter that requires each sender to fill out a form, you may not receive our automatic notification messages. It is your responsibility to check your "my account" page or contact a Customer Service Representative for the most current information on your order.
- Payment of postage is required in advance for all mailings (minimum 48 hours before the job is delivered to USPS for mailing). Postage may be paid by credit card, cashier's check, money order or wire transfer.
- Mailing Services as purchased on the Website includes: data processing 1 list, CASS (USPS certification process for ZIP + 4 matching software) and PAVE, inkjet addressing, sorting & delivering to USPS for mailing.
- Additional services are available for additional fees: inserting, tabbing, merging multiple databases, sequential numbering, NCOA and mail list services. Unless otherwise instructed, PrintBurner.com will not remove duplicate names (de-dupe) from all lists submitted for processing where the name and address match. 100% accuracy of removal cannot be guaranteed due to data variances.
- U.S. Postal Service requires that all first class presorted mailings comply with Move Update. PrintBurner.com assumes no responsibility for your failure to do so.
- Estimated postage rates may vary due to the design of mail piece, final weight, size, or shape.
- If you do not utilize PrintBurner.com templates to design your mail piece, it is possible that your mailing will not pass USPS requirements for barcode readability and thus the postal rate will increase. The design must include a minimum 4” wide x 2” tall completely white/unprinted area in the bottom right corner of the mailing side/panel. This allows sufficient room to inkjet address and barcode; otherwise, your mailing will not qualify for automated postal discounts and will mail at non-automated rates, thus increasing your postal costs.
- PrintBurner.com accepts ASCII comma delimited, Excel, and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. This is also referred to as list hygiene.
- PrintBurner.com cannot be held liable for data supplied by you or the list broker, or for list errors created within the computer processing of a job due to bad data.
- PrintBurner.com agrees to use reasonable business efforts to maintain the confidentiality of all information contained in your mailing list. PrintBurner.com agrees that your mailing list is and remains your exclusive property and shall be used only pursuant to your instructions. PrintBurner.com agrees not sell or give your mailing to any third parties. It is your or your list vendor's responsibility to maintain a duplicate copy of your mailing list as PrintBurner.com assumes no responsibility or liability for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or any other reason while said lists are in possession of PrintBurner.com.
- For mailing lists purchased from PrintBurner.com, PrintBurner.com offers a deliverability guarantee of 88% on business lists and 92% on consumer lists if mailed within 30 days of the purchase of the list. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including but not limited to contact names and/or any other demographic criteria or element. In the event you cancel your order, in whole or in part, you remain fully responsible for payment of any list ordered.
- There is a possibility of up to 5% shortage of the printed pieces before they arrive to Mail Services. PrintBurner.com has no control over and is not liable for the delivery schedule of the USPS, nor can we accept responsibility for the actual delivery date. Unless special arrangements have been made to hold the extra/un-mailed pieces for an additional mail drop, PrintBurner.com will send the un-mailed pieces to the address you entered at Order/Checkout, via the shipping method you chose; extras ship within 2 business days of the mailing date in most cases.
- PrintBurner.com will process and deliver jobs to USPS 2-3 business days after the final Ship Date scheduled for your job provided postage has been paid at least 48 hours in advance. If processing falls within PrintBurner.com’s Non Production Dates, one (1) additional business day will be added to the Mail Processing time. Expected delivery date and processing times are not guaranteed. Your order may deliver to the USPS late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. PrintBurner.com is not liable for USPS performance failures or delivery delays.
- Print orders for multiples mailing jobs, i.e. where multiple mailing lists are requested for a single print order, are maintained and stored by PrintBurner.com for up to one year upon request. Print orders that are not mailed within one year from the print completion date may be recycled in PrintBurner.com’s sole discretion and PrintBurner.com will not be responsible or liable for the discarded items.
Disclaimer of Warranties
THE WEBSITE, THE SERVICE, THE MATERIALS, CONTENT, FUNCTIONALITY AND FEATURES INCORPORATED THEREIN ARE PROVIDED BY PRINTBURNER.COM ON AN "AS IS" AND “AS AVAILABLE” BASIS. PRINTBURNER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRINTBURNER.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRIGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER PRINTBURNER.COM NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVICE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRINTBURNER.COM AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, DISTRIBUTORS, LICENSORS, ADVERTISERS OR SPONSORS, AND/OR OUR AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND/OR OTHER AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PRINTBURNER.COM, NOR ITS SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, DISTRIBUTORS, LICENSORS, ADVERTISERS OR SPONSORS, AND/OR OUR AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND/OR OTHER AUTHORIZED REPRESENTATIVES, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE WEBSITE OR THE SERVICE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOOD WILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS BASED UPON OR RESULTING FROM (i) YOUR USE OF YOUR INABILITY TO ACCESS OR USE THE WEBSITE, THE SERVICE OR ANY FEATURES OR CONTENT INCORPORATED THEREIN; (ii) THE ALTERATION OF, DELETION OF, CORRUPTION OF, UNAUTHORIZED ACCESS OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER DATA OR CONTENT MAINTAINED OR TRANSMITTED BY OR THORUGH THE USE OF THE WEBSITE OR THE SERVICE; (iii) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE OR THE SERVICE; (iv) YOUR FAILURE TO PROVIDE PRINTBURNER.COM WITH ACCURATE AND UP-TO-DATE ACCOUNT INFORMATION; (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (vi) ANY CHANGES PRINTBURNER.COM MAY MAKE TO THE WEBSITE OR THE SERVICE OR FOR ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SERVICE; AND (vii) ANY OTHER MATTER UNDER ANY THEORY OF LAW RELATING TO THE WEBSITE OR THE SERVICE OR THE PRODUCTS OFFERED ON THE WEBSITE OR THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILTY SHALL APPLY WHETHER OR NOT PRINTBURNER.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING. Some states or jurisdictions do not allow the exclusion of certain warranties and/or limitation of liability. Accordingly, some of the above exclusions and limitations may not apply to you.
You agree to indemnify and hold PrintBurner.com, its subsidiaries, affiliates, related entities, distributors, licensors, advertisers and sponsors and each of their respective managers, directors, officers, agents, employees, contractors and consultants and other representatives, harmless from and against any and all claims, demands, losses, damages and costs, including, but not limited to reasonable attorneys' fees, made by any third party due to, arising out of or related to: (i) your use of the Website in violation of these Terms; (ii) artwork you post or upload to the Website or submit through or in connection with the Service, including but not limited to claims for copyright, trademark, intellectual property or other intellectual property rights; (iii) breach of your representations and warranties set for in this Agreement; and (iv) your use or misuse of the Website or the Service (including without limitation) any all transactions to purchase product.
Right to Refuse Service
PrintBurner.com reserves the right to cancel or otherwise refuse to print any content that we deem to be unlawful, pornographic, obscene, vulgar, offensive, harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, hateful, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable. PrintBurner.com reserves the right to charge you for services rendered up to the point that the job was cancelled pursuant to this paragraph.
Modifications and Interruption to Service
PrintBurner.com reserves the right to modify or discontinue the Service with or without notice to you. PrintBurner.com shall not be liable any Member or any third party should PrintBurner.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PrintBurner.com does not guarantee continuous, uninterrupted access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer Regarding Accuracy of Vendor Information
While PrintBurner.com makes every effort to ensure that the information on the Website is accurate, however, we make no representations or warranties as to the accuracy or reliability of any information provided by third parties contained on the Website. Further PrintBurner.com makes no warranties or representations whatsoever with regard to any product provided or offered by any third party vendor, and you acknowledge that any reliance on representations and warranties provided by any such vendor shall be at your own risk.
Governing Law and Exclusive Jurisdiction
The Website and the Service is created, controlled and operated by PrintBurner.com from its offices within Dallas County, Texas, and is not intended to subject PrintBurner.com to the laws or jurisdiction of any state, country or territory other than that of Dallas County within the State of Texas. PrintBurner.com makes no representation that the Website or the Service or any content contained therein is appropriate or available for use in other locations. Those who choose to access the Website or the Service do so on their own initiative and are responsible for compliance with local laws, rules and regulations, if and to the extent such local laws rules and regulations are applicable. PrintBurner.com may limit the Website’s availability, in whole or in part, for any reason or no reason, at any time.
This agreement, disclaimers, terms, and conditions, shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State, without giving effect to any principles of conflicts of laws. ANY ACTION YOU, ANY THIRD PARTY, OR PRINTBURNER.COM BRING TO ENFORCE THIS AGREEMENT OR OTHERWISE BROUGHT IN CONNECTION WITH ANY MATTERS RELATED TO THE SITE OR THE SERVICE SHALL BE BROUGHT ONLY AND EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SAID COURTS. Notwithstanding the foregoing, you hereby agree that PrintBurner.com shall have the right to apply for injunctive relief in any jurisdiction.
Compliance with Laws
You hereby agree that you may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
PrintBurner.com retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute images of a finished product or a digital product rendering of a finished product, that may contain the designs, layouts, images, or contents derived from a file or artwork that was uploaded in order to produce a finished product, solely for the purpose of promoting or exemplifying PrintBurner.com’s work, services, and products.
Copyright and Trademark Information
All content included or available on the Website, including but not limited to the design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by PrintBurner.com, with all rights reserved, or is the property of PrintBurner.com and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PrintBurner.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PrintBurner.com.
Copyright and Trademark Information links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PrintBurner.com.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PrintBurner.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
PrintBurner.com Legal Department
1412 Main Street, STE 300, Dallas, TX 75202 Attn: Legal Department
Reproductions of Currency
The law restricts photographs or other printed reproductions of paper currency, checks, bonds, revenue stamps and securities of the United States and foreign governments.
The Counterfeit Detection Act of 1992, Public Law 102-550, in Section 411 of Title 31 of the Code of Federal Regulations, permits color illustrations of U.S. currency provided:
- The illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated:
- The illustration is one-sided; and
- All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.
We attempt to check your artwork for these requirements, but do not guarantee and are not responsible if a reprint becomes necessary because your supplied artwork does not meet above requirements.
Notice to California Internet Affiliates
California Internet Affiliates of PrintBurner.com, LLC, either directly or through PrintBurner.com’s vendor(s), are: (1) expressly prohibited from directly or indirectly soliciting potential customers in the state of California through use of flyers, newsletter, telephone calls, electronic mail, blogs, microblogs, social networking sites, or other means of direct or indirect solicitation specifically targeted at potential customers of PrintBurner.com in the state of California; and (2) required to sign an annual verification attesting to the foregoing.
Reformation and Assignment