Last Updated March 29, 2017
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE, AND/OR INTERACT WITH COLORHUB, LLC, SUCH AS BUT NOT LIMITED TO EMAIL AND PHONE CALLS, AND/OR IN PERSON COMMUNICATION, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT COLORHUB MAY MAKE TO THE TERMS AND CONDITIONS, YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING COLORHUB IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR CUSTOMER ACCOUNT. YOUR ACCOUNT STATUS WILL BE DEACTIVATED AND YOU WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM COLORHUB. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPLETED AND/OR IN PRODUCTION.
NOTE: AS MORE FULLY EXPLAINED BELOW, COLORHUB, LLC RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
MODIFICATION OF TERMS AND CONDITIONS
ColorHub reserves the right to modify, change and/or amend the Terms and Conditions (these Terms and Conditions and/or one, more or all of the additional terms and policies referenced above) from time to time. The right to modify, change and/or amend the Terms and Conditions is exclusive to and within the sole and exclusive discretion of ColorHub.
If the Terms and Conditions are changed, modified and/or amended, ColorHub will post the new terms on this Website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this website. By agreeing to these Terms and Conditions you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Terms and Conditions (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment ColorHub may make to the Terms and Conditions you may withdraw your consent to and agreement to be bound to them by notifying ColorHub in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account status will be deactivated and you and will no longer be eligible to use this Website or order further products or services from ColorHub. If your account is deactivated, this will not affect your responsibility for payment of jobs already competed and/or in production.
ColorHub may from time to time elect, in its sole discretion, to notify you of changes to its Terms and Conditions and policies via additional means such as email (in addition to posting the changes to this Website). The fact that on one or more occasions ColorHub has elected to notify you via such additional means does constitute an agreement of any kind by ColorHub that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that ColorHub may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with ColorHub. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from ColorHub. If your account is deactivated, you will remain responsible for payment of print jobs already completed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by ColorHub via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of ColorHub or any third party. You may not use any meta-tags or other "hidden text" utilizing ColorHub's name or trademarks without ColorHub's express written consent. Unless you receive ColorHub's express written consent, you may not:
- resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any ColorHub trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- make a derivative use of the Website and/or any Site Content; or
- utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Terms and Conditions and not to use the products and services offered by ColorHub for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation.
ColorHub may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with ColorHub. – In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
CUSTOMER PROVIDED CONTENT
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to ColorHub for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to ColorHub you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold ColorHub and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by ColorHub in defending against such suit, demand or claim.
ColorHub is not obligated to maintain Customer Content indefinitely. Customer Content uploaded to the website or otherwise submitted with an associated order will be kept on file for a period of thirty (30) days. At the end of that time it may be deleted and irretrievable.
You agree that you will not send, upload, post or otherwise transmit to ColorHub any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of ColorHub and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that ColorHub does not pre-screen Customer Content, but that ColorHub reserves the right to do so at any time and that ColorHub and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Terms and Conditions or that may otherwise be objectionable. You further acknowledge and agree that ColorHub may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ColorHub, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website or otherwise submitted, and/or the inclusion of Customer Content into any product or service offered through this Website, ColorHub retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of ColorHub.
Please note that if your order requires you to hire, coordinate, and/or solicit additional customization to be done by a third party, ColorHub is no longer responsible for the order and ColorHub's liability to use is terminated at the time the order leaves ColorHub.
UPLOADED CONTENT REQUIREMENTS
We strongly recommend that content uploaded to ColorHub for print fulfillment is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which ColorHub does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Designed in CMYK and uploaded to ColorHub in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted by ColorHub as best as possible. Specific color conversion concerns can be communicated to ColorHub customer service.)
In accordance with all other Artfile Format Requirements as specified in additional documentation.
ColorHub guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. ColorHub is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file approval. Proofs do not guarantee black, near black or gray final output.
PRODUCTION TURNAROUND TIME
ColorHub's standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.
Turnaround times do not include shipping time. The estimated date you will receive with your order is a combination of the selected turnaround time and shipping time.
Although we endeavor to ship the quantity ordered, ColorHub reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
ColorHub has a structured order approval and digital proofing process. The customer is fully responsible for final proof and layout verification and approval prior to submission to the production process. In most cases, ColorHub will make minor changes to customer files to ensure proper print quality, including but not limited to color corrections, format manipulations, size alterations, and changes that ColorHub customer service representatives deem appropriate. Upon making the changes, ColorHub will submit the proof for the customer to approve for print. Once you approve a file for print, you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. ColorHub will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
ColorHub does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a ColorHub Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 30 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund is guaranteed to be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed via phone or email.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of ColorHub and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of ColorHub or of those parties from whom ColorHub has licensed such property, and is protected by United States, international and other laws. ColorHub reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. ColorHub reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Copyright Policy. It is our policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Infringement Notification. Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with us, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the copyrighted work that you believe has been infringed, providing a photograph if possible;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
and Sign the document.
Send the written communication to:
Attn: Andrew Harris, Partner, Legal Affairs
4950 Kraft AVE SE, Grand Rapids, MI 49512
Counter Notification. The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, providing a photograph if possible;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
and Sign the document.
Send the written communication to:
Attn: Andrew Harris, Partner, Legal Affairs
4950 Kraft AVE SE, Grand Rapids, MI 49512
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we first receive notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, ColorHub will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Trademarks. "ColorHub," and their respective designs and/or logos, are either trademarks or registered trademarks of ColorHub and may not be copied, imitated or used, in whole or in part, without the prior written permission of ColorHub. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of ColorHub, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ColorHub. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Restrictions on Use. Except as expressly stated in the Terms and Conditions, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ColorHub, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Terms and Conditions, modification, distribution, republication, display, or performance -- without the prior written permission of ColorHub is strictly prohibited.
Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on or through this Website is licensed to you by ColorHub on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from ColorHub. ColorHub does and shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COLORHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. COLORHUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. COLORHUB IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. COLORHUB DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF COLORHUB OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL COLORHUB, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT COLORHUB HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM COLORHUB (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
COLORHUB, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO COLORHUB (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL COLORHUB BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
The Terms and Conditions and your use of this Website shall be governed by and construed in accordance with the laws of the State of Michigan, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Grand Rapids, Michigan, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Terms and Conditions and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree that you shall indemnify and defend and hold ColorHub and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Terms and Conditions; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this ColorHub, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
ColorHub owns all images, photos, templates and IP ("Marketing Material") on the Customer Portal Page. ColorHub grants you a limited, non-transferrable, non-assignable, and non- exclusive license to use the Marketing Material for your promotional or marketing uses only. You may modify or add your logo to the Marketing Material only if the Marketing Material is to be used for your promotional or marketing uses only. You may not copy, distribute, sell, license, transfer, make derivative works of or otherwise exploit the Marketing Material for yourself outside the limitations above or to any third party for any use, if you do so it is a breach of these terms and conditions and this license will be terminated. In addition your trade account may be terminated. ColorHub may at any time remove any or all of the Marketing Material or terminate this license and your authority to use the Marketing Material at any time.
SECURITY AND PRIVACY
To order products from ColorHub it will be necessary for you to provide certain personal data or other information through this Website via the Internet. We are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for ColorHub to guarantee absolute confidentiality or security. The information ColorHub collects and how that information is used is to the subject to ColorHub's Privacy Statement.
ColorHub may suspend or terminate your account and or your right to utilize the services made available through this website and correspondence with ColorHub in the event that it determines or has reasonable grounds to suspect that you are in violation of the Terms and Conditions.
Notwithstanding any of these Terms and Conditions that may suggest otherwise, ColorHub reserves the right, without notice and in its sole discretion, to terminate your right to use this website and ColorHub’s services for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Terms and Conditions shall still apply.
NAME AND ADDRESS CHANGES
You are responsible for updating and advising ColorHub of any change of name, e‐mail, phone number and/or postal address on your applicable ColorHub account. Without undertaking any obligation to do so, ColorHub reserves the right to update the address for any member's account using the National Change of Address (NCOA) data filed by relocating postal customers.
You may update your account by contacting ColorHub at firstname.lastname@example.org.
Supporting legal documentation may be required for any name change requests. ColorHub shall have no liability for any, errors, losses or damages of any kind or nature, resulting from your failure to update your account information.
We reserve the right to update and revise this Returns/Refund/Reprint Policy without prior notice to reflect changes in our policies, services and/or in response to our customers' feedback. When we do make changes to this Policy we will revise the "last updated" date at the top of this Policy. Please make sure that you review it frequently as any time you place an order with ColorHub the current Returns/Refund/Reprint Policy will apply.
We guarantee that our printed products will not be defective in accordance with industry standards. You may contact our Customer Service Department and a ColorHub representative will be pleased to help address any general issues you may have with your print job.
If you believe your print job is defective or has not otherwise met your requirements please contact ColorHub, via email or phone, within six (6) business days of receiving your order. If you do not contact us within this time frame we will assume that your job was satisfactory upon receipt and will be under no obligation to provide a refund or reprint. Once you have contacted us, we will then have five (5) business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or reprint. If we determined that a product is in fact defective or has not otherwise met our obligations, one of the following two resolutions will be offered:
- We will reprint the print job with rush production.
- We will refund the original order price.
We reserve the right to request samples of any allegedly defective merchandise prior to either of the above resolutions being agreed to.
A Customer Service representative will generally contact you within 24-48 hours of us making the determination that a reprint or refund is appropriate in order to confirm the approved solution. If you do not make contact with our representative within five (5) business days of their first attempt to contact you with the approved solution we will assume that the issue has been otherwise resolved and no reprint or refund will be given. Once the approved solution is agreed then, unless we agree otherwise, you must return the entire original print order to us, at the address provided by our Customer Service representative, within 15 calendar days after the date the solution is approved. If you do not return it within this time frame you agree that the original order will be charged against your credit card on file with ColorHub.
A refund or reprint will only be possible after an approved solution has been authorized and, unless we agree otherwise, provided that the entire original print order has been returned to and received by us.
When applicable, a refund will be issued within 10 business days of our receipt of the original product order.
A reprint will begin rush production within one (1) business day of our confirmed receipt of the product or such earlier time as we may agree to.
The forgoing is ColorHub–™s sole responsibility with respect to a defective order. To the maximum extent permitted by law, ColorHub is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ColorHub has been advised of the possibility of such damages), resulting from the order.
The following are some guidelines and examples of issues that do not constitute grounds for a refund, or a return or reprint of a product:
- An order that is refused at time of delivery or undeliverable orders. (We will reship the product at the customer's expense if requested).
- The product is lost, delayed or returned to ColorHub due to an error made by the customer in submitting the proper shipping address. (For product that is later found or that is returned to us we will reship the package with a corrected address and charge an additional shipping fee for the shipment).
- Product that is delayed in production and/or shipping as a result of the customer providing inaccurate information.
- Product that incurs a higher shipping charge as a result of the customer providing inaccurate information.
- Product that is delayed in production and/or shipping as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, and any other circumstances that are beyond our direct control.
- Product that has experienced a color shift during the conversion to CMYK format, for example as a result of having been submitted by the customer in RGB or PMS Pantone colors.
- Errors that are contained in the uploaded customer file, e.g., misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, and finished product size. ColorHub does not any changes on customer files.
- Product that experiences print or images that are fuzzy, pixilated or otherwise distorted as a result of the customer providing artwork that is not at a minimum of 300 DPI at 1:1 ratio (or 100%) and/or in CMYK mode.
- Products that do not exactly match color or ink density. ColorHub does not color match or match customer specified ink density.
- An inability to print or write on the product, unless the product description states otherwise. A typical UV coated product cannot be printed or written upon. Matte finished products may or may not accept printing or writing. We recommend that you order a sample from us and test it using the printer you will use before placing a final order. ColorHub is not responsible for an inability to print or write on a Product, unless the product specifically states that it is suitable for this purpose.
- Orders that are duplicated as a result of customer error.
- Orders that are canceled after the order has entered into production (or any process thereafter).
- Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended. It is a customer's responsibility to allow sufficient time when placing an order for time sensitive materials.
- A customer's violation of any of the terms and conditions governing the use of ColorHub–™s website and/or ordering of product.
- Viruses, worms, trojan horses and other forms of harmful or malicious code that are not detected or removed using ColorHub–™s standard virus/malicious code detection procedures.
- Loss, corruption of, or damage to your personal information, Customer Content, order history or related information that is stored by ColorHub.
- Our failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice.
- The release of an order by the shipper without obtaining a signature.
Please note that ColorHub’s provision of advice, assistance or guidance either on this Website or via our Customer Service representatives does not constitute an acceptance of responsibility or liability for any problems that may arise in connection with any print order or services provided.
Last updated March 29, 2017
ColorHub is committed to protecting the privacy of our customers. We believe it is important that everyone who accesses a ColorHub website understands what kind of information is or may be collected through the website, how that information is or may be collected and used, and the measures that ColorHub takes to protect the integrity of any personally identifiable information that you may provide to us.
This Privacy Statement applies to data collected by ColorHub through its websites (and the services available via these websites) that link through to this Privacy Statement. It does not apply to ColorHub websites, services and/or products that do not display or link to this statement, or that have their own privacy statements.
What Kind of Data and Information Does ColorHub Collect?
Certain information that identifies the type of web browser and language, access times, the domain name and specific pages visited will be automatically captured whenever a visitor accesses a ColorHub website. ColorHub does not collect any other data or personally identifiable information unless the user provides it to us.
ColorHub's websites are primarily for business-to-business purposes and transactions. A user is required to register in order to utilize the full functionality of the website. Registration requires that you provide ColorHub with certain information that is potentially of a personal nature. For example, ColorHub will ask you for your e-mail address, name, company name, address and telephone number.
ColorHub may also assign you a unique customer identification number that is matched against the information you provide to ColorHub. Your personally identifiable information will also be matched against any material you upload to ColorHub for print fulfillment.
Once you have registered with ColorHub, each time you visit our website we may collect information about your visit. This may include the pages you view, the links you click on, and other actions you take as you view and/or use ColorHub's sites and services.
If you place an order and submit a data file to ColorHub for print fulfillment, there may be personally identifiable information contained in this data file (e.g. a name, address, telephone number and e-mail address on a business card file). This information may be yours or that of someone else. If it belongs to someone else, we will assume that this person has authorized you to forward this data to ColorHub. If you are not authorized to send such data to ColorHub, you should not upload the file.
What Use Does ColorHub Make Of The Information It Collects?
ColorHub uses the information it collects through its websites to operate and improve these websites, deliver the services or carry out the transactions you have requested, administer your account and generally operate our business.
We may use the information we collect in conjunction with analytic tools to help us determine the level of services and products we offer, improve the ease of use of our sites or services (such as by remembering information you have already entered), enhance our customer service, and to display content that can be tailored to specific customer interests, preferences and/or market segments.
ColorHub does not support third-party advertising on its websites, however, ColorHub may promote ColorHub products, services, special promotions, new features, etc., on the websites and we may use some of the information we collect in order to personalize the promotions that may appear when you access our sites. The ads that you may receive may be selected based on your chosen customer type, product categories previously ordered, pages you have viewed and links you have clicked when using ColorHub websites.
The personal information collected on ColorHub's websites may also be used to directly communicate with you. Your e-mail, mailing and/or billing address may be used for welcome letters, order confirmation, upload confirmation, job status updates, billing information and reminders, and technical service issues. ColorHub may also occasionally send you product or customer service surveys, or promotional correspondence to inform you of other products or services available from ColorHub.
Information contained in data files uploaded to ColorHub for print fulfillment is received and stored by ColorHub, but we do not use this information for any purpose other than fulfilling the requested print job.
ColorHub Does Not Share Your Personal Information.
Except for the limited ColorHub-related purposes described in this Statement, your personally identifiable information is not disclosed outside of ColorHub. We do not sell, rent or lease your name, billing or mailing address, e-mail address, phone number or other personally identifiable information to others.
Some personally identifiable information that you provide to ColorHub must necessarily be disclosed outside of ColorHub in order for us to provide our services to you. For example, to ship an order we must disclose the shipping information required by the carrier. ColorHub may also retain third parties to provided limited services on our behalf, such as hosting websites, programming development, transaction processing, or performing statistical analysis of our service offerings. Under certain circumstances, these third party companies may need or be given access to personally identifiable information in order to deliver their services to ColorHub. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or any legal process served on ColorHub; (b) respond to authorized requests of governmental or law enforcement agencies; (c) protect and defend the rights or property of ColorHub (including the enforcement of our agreements); and/or (d) act in urgent circumstances to protect the personal safety of users of ColorHub services or members of the public.
Circumstances may arise when, for business purposes, ColorHub may decide to sell, merge, acquire or otherwise reorganize its business. Any such transaction may involve the disclosure and/or receipt of personally identifiable information to or from a prospective buyer, seller, merger partner, etc. For these types of transactions, ColorHub will seek appropriate protection for any personally identifiable information subject to disclosure.
The Security of Your Personal Information.
ColorHub uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. Please note that we do not regard any of the information provided to us in data files uploaded to us for print fulfillment as sensitive information requiring encryption.
ColorHub's websites are primarily for business-to-business purposes and transactions and we do not intend to or knowingly collect information on, or target our services or websites to children under the age of 13. We encourage parents and guardians to be active in monitoring their children's online activities.
ColorHub's websites use "cookies" to enable you to sign in to our services, help personalize your online experience and to record your online transactions. A cookie is a small text file that will be created at ColorHub's request by the browser you are using and then stored on your computer's hard drive. By using cookies, ColorHub is able to store your preferences and other information on your computer. This saves you time by eliminating the need to enter the same information each time you visit our website or browse pages within a website, and allows ColorHub to personalize the website content on your later visits to these sites.
Changes to This Privacy Statement.
From time to time, ColorHub may update and revise this Privacy Statement to reflect changes in our policies, services and/or in response to our customers' feedback. When we do make changes to this Privacy Statement, we will revise the "last updated" date at the top of this Statement. Because we reserve the right to modify this Privacy Statement at any time, please make sure that you review it frequently.