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.
Standard for Electronic Transactions
Ad Specialty Direct is governed by, is obligated to comply with, the laws of The State of California and the United States of America.
Copyrighted Materials for Limited Use
The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Ad Specialty Direct 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 Ad Specialty Direct customers may use the design tools to create logos that have similar or identical combinations of these elements and Ad Specialty Direct does not guarantee that your logo will not have similarities to logos designed and used by other parties. Ad Specialty Direct 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.
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 Ad Specialty Direct (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 Ad Specialty Direct does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Ad Specialty Direct.
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 Ad Specialty Direct to produce the Products on your behalf. You grant Ad Specialty Direct 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 Ad Specialty Direct to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
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.
Terms of Sale
Products are sold exclusively for business purposes and you agree that any purchases you make are intended for business purposes. Some Products may only be available in certain countries and Ad Specialty Direct may refuse to make sales, or cancel any sales made, outside of those countries.
Ad Specialty Direct reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by Ad Specialty Direct unless and until it is confirmed unconditionally.
You agree that all details provided to Ad Specialty Direct for the purpose of a purchase will be correct and that the chosen method of payment your property and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. Ad Specialty Direct reserves the right to obtain validation of your payment details before accepting the any order.
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.
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.
Ad Specialty Direct’s Satisfaction Guarantee is good for 3 months following your purchase. 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 Ad Specialty Direct´s 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. Ad Specialty Direct does not proof documents created by its customers prior to processing.
Limitation of Liability
IN NO EVENT SHALL AD SPECIALTY DIRECT 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 AD SPECIALTY DIRECT 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 AD SPECIALTY DIRECT OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL AD SPECIALTY DIRECT 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.
Ad Specialty Direct will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event outside of its reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or act of God.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Ad Specialty Direct in connection with the operation or content of this Site shall be provided by the submitter and received by Ad Specialty Direct on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Ad Specialty Direct. By submitting any such information to Ad Specialty Direct, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Ad Specialty Direct shall be free to use such information on an unrestricted basis.
The party you are contracting with and the seller of the products and services offered and sold on this Site is Ad Specialty Direct , a limited company organized under the laws of the State of California. 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. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of California. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in California, United States of America. You agree to submit to the jurisdiction of courts sitting in California, United States of America and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Ad Specialty Direct that a court sitting in California is an inconvenient forum for such legal action or proceeding.