Terms & Conditions of CHOICE Custom Cards
Ownership & Limited Use: Customer irrevocably and unqualifiedly represents and warrants that the material to be printed is not copyrighted or registered as a trademark or service mark or the like, nor is it otherwise owned or controlled by a third party, and to the extent that it is, that all consents and permission to use the same have been granted in writing and are available for inspection by Choice Marketing Inc., DBA Choice Marketing Sportscards (hereafter “CHOICE”) upon request.
The customer also recognizes that because images, printed material, depictions and subject matter do not have to bear a copyright notice in order to be protected by copyright or other law, absence of such notice does not necessarily assure that the customer has the legal right to reproduce the material The customer further represents and warrants that no copyright, trademark or other registration or application notice has been removed from any material used in preparing the subject matter, material or images that are being reproduced. The customer further represents, warrants and agrees that all licensing, permission and approval required for the use of any information, logos, material, subject matter, photographs, text, words, marks, designs, graphics and/or images are the sole responsibility of customer and not of CHOICE.
CHOICE is hereby given the right to utilize and reproduce the name, photo, and/or information contained on trading cards and printed materials that it manufactures, as well as the printed materials themselves, as samples and/or for promotional/advertising purposes. Customers can withdraw their order from being distributed or displayed by sending a written request to CHOICE at the following address: P.O. Box 4040, Elwyn, PA 19014 or by email to info@choicesportscards.com.
Indemnification: The customer and its principals and officers hereby jointly and severally release, hold harmless and agree to defend and indemnify CHOICE, and its affiliates, principals, officers and employees (collectively, “Choice Marketing”) of, from and for all claims, liability, damages, penalties, judgments, awards, obligations, responsibilities, costs and expenses, of any and all kind, including without limitation, attorney fees and related expenses, that are or may be incurred or suffered by CHOICE in connection with the printing or distribution of the items that customer has asked CHOICE to produce, including without limitation any of the aforesaid relating to copyright or trademark infringement, breach of privacy, commercial disparagement, misappropriation of property and/or licensing involving the work and/or materials produced or provided. Color: Since some cards may be placed on our printing press with other jobs or “gang printed.” CHOICE will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit.
CHOICE accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to CHOICE’s CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via CHOICE’s online final approval process. The digital and/or ink jet plotter proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. If your order is color critical, CHOICE strongly suggests you purchase a hard copy color proof from CHOICE.
Payment: The fees for CHOICE products, which include the cost of printing, production and shipping, are due and payable with the submission of an order. Cancellations: Once you have placed an order with CHOICE, you have entered into a binding agreement. All order cancellations are subject to a 50% cancellation fee.
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