SDC Terms Of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of SDC Inc. and this Site. By accessing or using SDC Inc. and 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 SDC Inc. and this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.
SDCPRINTS.COM® 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.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of SDC Inc., and/or its subsidiaries (referred to herein as “SDCPRINTS”) or the copyrighted property of parties from whom SDCPRINTS 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. SDCPRINTS reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or SDCPRINTS remain the property of SDCPRINTS and its licensors. The use of logo design tools and SDC designers provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. SDCPRINTS 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 SDCPRINTS customers may use the design tools to create logos that have similar or identical combinations of these elements and SDCPRINTS does not guarantee that your logo will not have similarities to logos designed and used by other parties. SDCPRINTS 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. Logos/Art created by SDC designers are for use only through SDCPRINTS print products and promotions. If you require trademarks for designs, all requests to do so will be submitted at time of request. All trademark requests will include all fees required in obtaining trademarks including design fees for full rights to do so. Eflyer use is limited to one (1) year after approval if purchased under discount rate special or without a full subscription. For extended use of Eflyer product must be purchased under normal terms including a full subscription – use of Eflyer will terminate upon the termination of subscription.
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 SDCPRINTS (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 SDCPRINTS does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SDCPRINTS. 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 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. SDCPRINTS may terminate its service to customers found to be using SDCPRINTS 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 SDCPRINTS to produce the Products on your behalf. You grant SDCPRINTS the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit SDCPRINTS to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
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. SDCPRINTS 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. No transfer of art rights to third party printers or marketers will transfer from SDC.
Indemnification
You agree that you shall indemnify and defend SDCPRINTS and all parties from whom SDCPRINTS 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.
If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond SDCPRINTS control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. SDCPRINTS does not proof documents created by its customers prior to processing. If a SDCPRINTS designer is hired to help create your design, you are still responsible for checking all items of your proof. Once proof is approved the full responsibility falls upon you for making sure you have reviewed all details of your project.
Limitation of Liability
IN NO EVENT SHALL SDCPRINTS 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 SDCPRINTS 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 SDC INC. OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SDCPRINTS 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.
Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is SDC INC., a limited company organized under the laws of the United States with its headquarters in Virginia Beach, VA. All 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 The United States of America. You agree to submit to the jurisdiction of courts sitting in The United States of America and agree that venue in these courts is proper in any such legal action or proceeding.
Violation of Use Fines
Any images created by SDC Inc. used in a manor prohibited or in violation of terms will result in fines and legal action under U.S. Copyright Laws.
– Unauthorized use on web or social media will result in a minimum fine of $1000/infraction.
– Unauthorized printed materials will result in a minimum fine of $5000/infraction, product or style.
– Unauthorized printed materials for resale will result in a minimum fine of $10,000/infraction, product or style.
– Unauthorized use or failure to comply with fines may result in full prosecution under U.S. Copyright laws that may exceed $250,000. All legal fees and costs will be included in any violation judgement.