Terms and Conditions

Welcome to BLACKWARRIORPRINTING.COM(“Website”). By using this website or placing an order you agree to the Terms and Conditions stated below and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the "Agreement"). Your use of our Website constitutes your agreement to follow and be bound by the Agreement.  If you do not agree to be bound by the Agreement, please do not use our Website. Although you may "bookmark" a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. BLACKWARRIORPRINTING.COM reserves the right to change, modify or amend these Terms and Conditions at any time without notice. BLACKWARRIORPRINTING.COM and the content on BLACKWARRIORPRINTING.COM are intended solely for your personal, non-commercial use. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content on BLACKWARRIORPRINTING.COM for public or commercial purposes without written permission from an authorized representative. It is also strictly prohibited to download any images of our products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Payment & Cancellation All orders must be prepaid, including shipping and taxes. We accept Visa, MasterCard, American Express, Discover, and PayPal. Jobs cannot be stopped / canceled once they are in "Ready for Production" status. Order(s) that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are as follows: $10.00 — PRIOR to a proof being sent. $25.00 — AFTER a proof being sent, but PRIOR to customer approval. NO REFUND — There will be no refunds of any kind AFTER a job has been approved. ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT ONLY.’

Artwork Files Our pre-press department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to BLACKWARRIORPRINTING.COM. BLACKWARRIORPRINTING.COM is not responsible for any issues as to orientation or alignment of the pages of your submitted documents, graphics (misspelling, punctuation, fonts, cuts, folds, marks, etc.), nor for any distortions, pixelations or color shifts. All artwork must be provided as specified in our file preparation guidelines (CMYK color mode, minimum of 300 dpi resolution, bleeds, orientation, etc.). You have full legal liability for the content of your artwork files (also see below, Indemnification). We reserve the right to refuse an order without disclosing a reason. It is your responsibility to maintain a copy of your original files. While we safeguard your files we do not take any responsibility for loss or damage of your files. You understand and agree that we license photos and other artwork (hereinafter referred to as “Images”) from various Licensors and/or Copyright Holders. We are licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates (hereinafter referred to as “Templates”). You are required to comply with the limitations on how the Images and/or Templates can be used.

YOU MAY NOT:

Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any BLACKWARRIORPRINTING.COM or third party's trademark or intellectual property rights. Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition. Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services. Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.

We are required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By using BLACKWARRIORPRINTING.COM, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern.

If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.

Proprietary Rights

Unless otherwise noted, all written and/or other materials that are part of BLACKWARRIORPRINTING.COM, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on BLACKWARRIORPRINTING.COM are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Color Accuracy

Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. The same applies, for technical reasons, to color comparison of different print runs. By placing an order with BLACKWARRIORPRINTING.COM you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.

Electronic Proofs

If the order includes an online proof, it is the customer's responsibility to log in to their account and check their proof. We are not liable for delays in the order caused by customer's non-approval of the proof. The time we need to put the proof online will vary depending on our workload. An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Neither do they show color change from RGB or Pantone to CMYK. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.

Printing Turnaround

Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. If we are unable to print your files because they do not conform to our file requirements, production will be delayed. Saturdays, Sundays, and holidays, as well as shipping are not considered when calculating turnaround times. Although we make every possible effort to turn jobs around in the estimated times offered, we will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE! In case of delay caused by technical difficulty, rush charges will be refunded or waived where applicable. However, technical difficulty will not justify an order cancellation.

Shipping

When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by USPS, UPS or FedEx. For example, a product with a shipping time of 1-3 days which is picked up on Thursday would be delivered Friday, Monday, or Tuesday. Shipping transit times vary, and BLACKWARRIORPRINTING.COM assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Our responsibility is limited to preparing your printing order and delivering it to USPS, UPS or FedEx for shipping. BLACKWARRIORPRINTING.COM is not liable for damages which occur in shipping. If there is an issue with your order and we are found to be at fault, we will only accept liability up to the cost of goods and services provided. This does not include any postage cost. By using our services, you release us from liability for any loss of revenue, business or implied damages.

Overruns/Underruns

BLACKWARRIORPRINTING.COM will normally deliver the exact quantity of goods. The generally accepted variance is plus or minus 10%. In the event of a significant underrun, we may bill only for the actual quantity delivered. (If no such claim is made in 5 business days after delivery, we will understand that the job has been accepted.)

Return Policy

Each order is unique and has no re-sale value. ALL SALES ARE FINAL.

Complaints

When you receive a product that you perceive to have a defect or are unsatisfied with the order please contact us immediately. (If no such claim is made in 5 business days after delivery, we will understand that the job has been accepted.) You will then be asked to take photos of 5-10 defective copies and send them to us for review. If we verify that we made an error, we will re-print the order as soon as possible.

General Limitation of Liability

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. IF, NOTWITHSTANDING THE ABOVE, BLACKWARRIORPRINTING.COM IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS WEBSITE OR OUR PRODUCTS, INCLUDING DEFECTIVE GOODS, THE USER AGREES THAT ITS LIABILITY SHALL IN NO EVENT EXCEED THE STATED SELLING PRICE.

Indemnification

The customer agrees to defend, indemnify and hold harmless BLACKWARRIORPRINTING.COM from any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this website or our products. The customer is entirely responsible for the use of any images or content and certifies that he owns the rights or has a license to use the images and content being reproduced. The customer indemnifies and holds harmless BLACKWARRIORPRINTING.COM from any claim relating to the customer’s infringement of any copyright, patent or other proprietary right of any person, his use of any matter that is libelous, slanderous, defamatory, scandalous or obscene. We do not pre-screen content. You accept full legal liability for the content of material processed and printed on your behalf. We reserve the right to refuse an order without disclosing a reason. Applicable Law & Other Terms

BLACKWARRIORPRINTING.COM is created, operated and controlled in the state Alabama, in the United States of America. The laws of the State of Alabama will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Alabama, County of Tuscaloosa in all disputes arising out of or relating to the use of BlackWarriorPrinting.com. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to BLACKWARRIORPRINTING.COM, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to BLACKWARRIORPRINTING.COM. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.