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Terms of Service

Terms of Service

Guarantee Policy

US Digital Media unconditionally guarantees all services performed and product delivered. US Digital Media shall replace any product that is deemed defective by reason of workmanship or materials.

General Terms

Please note that your order will be delayed if you have failed to provide all necessary materials (digital content, artwork, deposit, or purchase order, etc.) Day zero begins when we have all client materials and approvals. US Digital Media reserves the right to refuse any order. All digital content, artwork, photos, etc. furnished to US Digital Media by the client remain the property of the client. US Digital Media will treat the client's materials with the utmost care and attention. Standard 5% over/under runs of printed materials will be kept by USDM to be used as proof of work.

No merchandise may be returned to US Digital Media without prior return authorization. US Digital Media limits liability to rerun or refund, at our sole option, on the services performed and product delivered, provided that the product is deemed defective by reason of workmanship or materials. US Digital Media disclaims all liability for any consequential damage or losses, under any theory, for defects in material or workmanship. Reruns or refunds will be prorated based on the quantity of goods returned to US Digital Media. No product is replaced, or credit given, more than thirty (30) days after the client's receipt of the product.

US Digital Media only stores masters for 12 months after order date, unless otherwise directed by the client at the time of order placement. US Digital Media reserves the right to use the client’s artwork in marketing and/or advertising unless otherwise specified by the client.

Artwork and Proofing

Please note that some product materials and/or colors may impact the imprinting causing variation in colors and graphics, and may not have the same effect/color as printing on a white porous surface like paper. If artwork is not submitted as US Digital Media’s art specifications fully require, the quality of the product can not be guaranteed. Some exported files, even at high resolutions, may not print as clearly as a native file from a design program.  Please read and check all emailed and/or physical artwork proof(s) carefully and approve by the requested day on the emailed and/or physical artwork proof(s). Artwork proof(s) are to indicate the exact spelling and placement of text, graphics, dye-cuts, etc. Emailed artwork proof(s) are not for color matching, as the actual print will vary from screen view. If the client needs to have the product and/or printed packaging to be an exact shade, or to match another item, US Digital Media advises that the client orders a physical print proof and submit a PMS color, if applicable. This will further ensure a closer color match to the client’s selection. Physical print proof(s) are a representation of how the color will appear on the final printed product, some color shift may occur in final run. If additional changes and/or proof(s) are needed, additional time and fees may apply. If approval delay occurs, and the order is time sensitive, please contact the assigned account representative to expedite the order.Waiving of email or physical proof is at US Digital Media’s discretion; based on order type, quantity and turn-time of order. If permitted to waive the physical proof(s), the client agrees that US Digital Media will not be responsible for any color issues or artwork errors if the job is produced according to the client’s artwork.

Intellectual Property Rights Protection

US Digital Media complies with the International Recording Media Association (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content. US Digital Media reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided for manufacturing. If we determine, or have reason to believe, that the customer does not have the authority to reproduce the product or materials provided, US Digital Media will have no further obligations to the customer to provide any reproduction services or any other services under any agreements with respect to such product or materials, and will return such product or materials to the customer.

By reserving these rights, US Digital Media does not in any way assume an obligation to investigate or verify ownership of any and all intellectual property or other materials provided by the customer. US Digital Media will rely solely on the customer's representations and warranties, as provided under US Digital Media's Intellectual Property Rights form. The customer agrees to provide US Digital Media, upon request, all necessary documentation for a supplied data source, including all pertinent copyright and licensing information. The customer represents and warrants that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use, the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks and trade names, copyrights, or other intellectual property rights relating to the customer's property subject to this agreement, including but not limited to the right to use certain films, music and sound recordings, pictures, software, etc. The customer is not, or will not be, as a result of the execution and delivery of this agreement or the performance of the obligations hereunder, in violation of any intellectual property rights of third parties.

No claims with respect to the customer's intellectual property rights or third party intellectual property rights are currently pending, or, to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist. Customer agrees to indemnify, defend, protect, and hold harmless US Digital Media and its subsidiaries and their respective officers, directors, agents, affiliates, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the Product Identification Form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

Cancellation

All cancelled duplication jobs are subject to a cancellation fee. Once a job has been initiated, any setup fees, materials used, proofs and labor may be charged to the client. All custom mold fees are non-refundable.

Payment Policy

US Digital Media is happy to accept Cash, Company Check, Purchase Order or Money order. US Digital Media requires payment in full with submission of your order. A purchase order or number is required before any open account order can be processed. Past-due accounts placed for collection are responsible for all associated fees, including interest at 1.5% per month on the late balance. Direct mail fulfillment orders always require postage to be paid before mailing. You will be informed of the exact postage after receipt and certification of your mailing list.

Billing Policy

All orders are subject to a production over/under run of up to 10%. Customers will be charged for actual quantities shipped. In the event a client fails to pay within 30 days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within 30 days from completion, US Digital Media has the right to dispose of, or use any such material on hand in any way the company chooses.

Shipping / Delivery Policy

Freight and shipping price quotes are estimates only, which may vary without notice or obligation, depending on the timeline of the final production, quantities and type of service requested. US Digital Media is not responsible for storage of any printed materials. Quoted or acknowledged delivery dates are only estimated dates of delivery. US Digital Media specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Anytime a customer re-directs their shipment from the original address given, the customer will be charged for this service. UPS charges for re-directed packages are: $10.00 per box for ground shipments and expedited shipments.

Revised: 11 April 2013