Terms of Use
LEGAL CLAIM

NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. Estate Prints RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Estate Prints DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process.

Estate Prints is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspellings, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.
By submitting the above document to Estate Prints "I agree to the following terms":
I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

ORDER PICK-UP

Estate Prints will make several attempts to contact Customer when packages are ready for pickup. Customer has up to 15 days to pick up the package(s) from Estate Prints’s facilities during pickup hours (Monday-Friday, 9am-4pm PST in Corona, CA). If Customer does not pick up the package(s) within this time period, the package(s) will be discarded, and Estate Prints will not be held liable for the discarded item(s).

Please be advised that courier pickups are not permitted, and customers must pick up their own orders.

COPYRIGHT

All material and software Copyright (c) 2016 Estate Prints. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Estate Prints website and/or its subsidiaries or the copyrighted property of parties from whom Estate Prints has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Estate Prints Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Estate Prints policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Estate Prints, are entirely responsible for all Content that you use from Estate Prints Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Estate Prints or any third party. Estate Prints does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Estate Prints be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.

Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

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.

You acknowledge that Estate Prints does not pre-screen Content, but that Estate Prints and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Estate Prints may preserve Content and may also disclose 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 the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Estate Prints, its users and the public.


ACCESS TO CONTENT

We advise that you have a copy of all files and content uploaded to Estate Prints, as we will not be able to send back any of your files/content at any given time.

After printing, your Content and the Proofs Estate Prints sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of 3 months. Content and Proofs created by Estate Prints's Design Services will remain available in perpetuity, barring catastrophic data loss.

Estate Prints maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.

GOVERNING LAW

The internal laws of the State of California shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.


LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.
LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Estate Prints - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO Estate Prints.
INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Estate Prints has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
LIMITATION OF LIABILITY - MIGRATING TO THE NEW WEBSITE

It is our goal to make the transition to our new website seamless and simple for all users. However, to the fullest extent permitted by law, in no event shall Estate Prints be liable for any issues that may arise from migrating from the current website to the new website, including but not limited to: loss of data, issues with previous or current orders, issues with user's customers or customer's orders, user's inability to comprehend the new website functionality and features, technical issues (server, network, bugs, speed of site), or missing features, graphics, copy, links or any other data on the website.

MIGRATION DISCLAIMER

If you have any orders, marketing orders (proposals or packages), mailing orders, design orders, or any type of order that has not yet been delivered to you, we advise that you wait until they are complete (in other words shipped/delivered to you) before migrating over.

Once you migrate, you will only have access to log in to our new website. You will not be able to log in to our old website. Although the data from your previous orders will be available for you to view on the new website, it will only be a view-only access, and you will not be able to reupload files, approve orders, or take any other action on them, aside from viewing the details of that order and create problem tickets. This is for previous orders only. However, if these orders are already in production, they will continue to be processed until they are printed and delivered to you.

In addition, if you have saved designs in your account and migrate over, you will only be able to view these saved designs. If they are a part of an order, you will be able to reorder them, but if they have not yet been ordered, you can view them on the new website, but you will not be able to order them or edit them.

For this reason, we advise that you wait until all orders are complete prior to migration. Once the orders have been completed, you will be able to reorder them from the new website. Please note that this does NOT pertain to new orders on the new website. For new orders, you will be able to view proofs, approve the proofs, etc.

Please also remember that once you migrate over, you will not be able to go back; you will not have access to the old website any longer.


DESIGNING FILES

Estate Prints does not provide any design files.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format. Estate Prints is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.

All artwork, designs and images must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated). Estate Prints is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork.

Additional fees may apply for files larger than 30MB.

ADDITIONAL FEES FOR PROCESSING PROOF

The first proof for each order is $50 (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement, as files would have to be reprocessed.

$50.00 reprocessing fee applies to the following products:
A-Frame Sign, Banner, Business Card, Bookmark, Club Flyer, Collectors Card, Door Hanger, Event Ticket, Flyer, Greeting Card, Hang Tag, IllumaPrint Panel, Letterhead, Mounted Wall Print, Notepad, Postcard, Rack Card, Retractable Banner Stand, Rip Business Card, Rolodex Card, Roll Label, Special Shape, Sticker, Table Tent, Wide Format Poster, Window Cling, Window Decal, Window Perf and Yard Sign



COLOR PROOFING, MATCHING & PRINTING

Estate Prints is not liable for color matching or ink density on screen proofs approved by Customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

Estate Prints will try its best to match the gradient density of each color, but Estate Prints is not liable for the final appearance of a color.

Important: Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet and are run at the same time. For example, we lay out 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards. Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color offset print run among 65 customers.

The application of High Gloss UV Coating may affect or change the appearance of printed colors. Estate Prints is not liable for the final color appearance of High Gloss UV-coated product's.



ORDER CANCELLATION

Estate Prints will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.

If a job is canceled, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 (15%-30% of the total transaction).

There is a NO REFUND policy for Logo and Graphic Design Service orders that have been placed.

All work and services rendered to Customer remains Estate Prints’s property until Customer has paid for it and discharged all other debts owing to Estate Prints. If Customer misuses service(s) in any way, Estate Prints reserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).


RETURNS AND REFUNDS

Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.

Customer must notify Estate Prints within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement, Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.

All charges related to expedited printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by Customer’s own expense.

COUPONS

Coupons cannot be applied to orders containing Custom Quotes, Direct Marketing, or Mailing Services.


ORDER SHIPPING & DELIVERY

Estate Prints will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Estate Prints be liable for any consequential or damages resulting from any delay in shipment or delivery.

All Estate Prints customers agree not to hold Estate Prints liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Estate Prints’s direct control. Estate Prints shipment and delivery dates are calculated based upon estimates provided by our suppliers.

Estate Prints will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.

Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Estate Prints to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.

Please be advised that we can combine different items or orders for shipping. Due to the nature of printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we can ship items separately or combined to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.
UPS NEXT DAY AIR SERVICE SHIPPING METHOD

UPS Next Day Air Service is available to all 50 states and Puerto Rico, with some limitations in Alaska and Hawaii (Metro Alaska and Hawaii only).



Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. Estate Prints is not responsible for 3rd party shipping errors, omissions or damaged shipments.


CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Estate Prints will reship the package with corrected address and charge an additional shipping fee for the shipment.


We reserve the right to refuse service without disclosing a reason.

All prices are subject to change without notice, no adjustments will be made.

 

 

 

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