IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT LIVEGRAPHICDESIGN.COM MAY MAKE TO THE SITE TERMS YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING LIVEGRAPHICDESIGN.COM IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED AND YOU AND WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM LIVEGRAPHICDESIGN.COM. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPETED AND/OR IN PRODUCTION.
NOTE: AS MORE FULLY EXPLAINED BELOW, LIVEGRAPHICDESIGN.COM RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
RELATED POLICIES AND TERMS
There are certain additional policies, terms and conditions that apply to the use of specific portions of this Web Site, and to the purchase of products from LiveGraphicDesign.com. These additional policies, terms and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the “Site Terms”). Please refer to and review all additional specific terms and conditions, including the following:
– Shipping Policy
– Refund/Reprint Policy
– Privacy Statement
The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with LiveGraphicDesign.com.
LiveGraphicDesign.com values its customers’ privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how LiveGraphicDesign.com collects and uses information.
MODIFICATION OF SITE TERMS
LiveGraphicDesign.com reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of LiveGraphicDesign.com.
If the Site Terms are changed, modified and/or amended, LiveGraphicDesign.com will post the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment LiveGraphicDesign.com may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying LiveGraphicDesign.com in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from LiveGraphicDesign.com. If your account is deactivated, this will not affect your responsibility for payment of jobs already competed and/or in production.
LiveGraphicDesign.com may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions LiveGraphicDesign.com has elected to notify you via such additional means does constitute an agreement of any kind by LiveGraphicDesign.com that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
LiveGraphicDesign.com may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions LiveGraphicDesign.com has elected to notify you via such additional means does not constitute an agreement of any kind by LiveGraphicDesign.com that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that LiveGraphicDesign.com may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with LiveGraphicDesign.com. Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from LiveGraphicDesign.com. If your account is deactivated, you will remain responsible for payment of print jobs already competed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by LiveGraphicDesign.com via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of LiveGraphicDesign.com or any third party. You may not use any meta-tags or other “hidden text” utilizing LiveGraphicDesign.com’s name or trademarks without LiveGraphicDesign.com’s express written consent. Unless you receive LiveGraphicDesign.com’s express written consent, you may not:
- resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any LiveGraphicDesign.com trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- make a derivative use of the Website and/or any Site Content; or
- utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the products and services offered by LiveGraphicDesign.com for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.
LiveGraphicDesign.com may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with LiveGraphicDesign.com. – In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify LiveGraphicDesign.com in the event you become aware of any unauthorized use of your user ID and password.
Customer Provided Content
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, “Customer Content”) to LiveGraphicDesign.com for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to LiveGraphicDesign.com you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold LiveGraphicDesign.com and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by LiveGraphicDesign.com in defending against such suit, demand or claim.
LiveGraphicDesign.com does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to LiveGraphicDesign.com cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to LiveGraphicDesign.com any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of LiveGraphicDesign.com and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that LiveGraphicDesign.com does not pre-screen Customer Content, but that LiveGraphicDesign.com reserves the right to do so at any time and that LiveGraphicDesign.com and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that LiveGraphicDesign.com may preserve Customer Content and may also disclose Customer 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 these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LiveGraphicDesign.com, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, LiveGraphicDesign.com, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of LiveGraphicDesign.com.
Please note that if your order requires additional customization to be done by a third party, LiveGraphicDesign.com is no longer responsible for the order and LiveGraphicDesign.com’s liability to use is terminated at the time the order leaves LiveGraphicDesign.com. This includes packaging and label orders also.
Use of Design Tools
The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of LiveGraphicDesign.com (or the licensor if applicable) and will remain freely available to other LiveGraphicDesign.com customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with LiveGraphicDesign.com in or regarding such Site Content.
It is solely your responsibility to determine whether any design you may create using the design tools made available to you by LiveGraphicDesign.com, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of LiveGraphicDesign.com. These links are provided only as a convenience. LiveGraphicDesign.com does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by LiveGraphicDesign.com then you do so at your own risk.
Uploaded Content Requirements
We strongly recommend that content uploaded to LiveGraphicDesign.com for print fulfillment is:
- At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which LiveGraphicDesign.com does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
- Designed in CMYK and uploaded to LiveGraphicDesign.com in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted and LiveGraphicDesign.com is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).
LiveGraphicDesign.com guarantees that its prints will meet CMYK industry standards. We cannot guarantee “match-print” color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. LiveGraphicDesign.com is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. LiveGraphicDesign.com is not liable for the final color appearance of a UV coated product.
Production Turnaround Time
LiveGraphicDesign.com’s standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.
Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.
For your convenience, depending on the product ordered, LiveGraphicDesign.com offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with product as part of the order process.
- Pick up is available only until 5:00 p.m. (orders completing after 5:00 p.m. may not be available for pick up until the following morning).
- We reserve the right to print next day turnaround product on our digital presses.
- Next Day Turnaround — all production ready jobs received and confirmed by no later than 9:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 9:00 a.m. will be treated as having been received before 9:00 a.m. the following business day.
- 3-5 Day Turnaround — all production ready jobs received and confirmed by no later than 11:00 a.m. will be ready between 4:00 p.m. the third business day after receipt and 4:00 p.m. on the fifth business day after receipt.
- 5-7 Day Turnaround — all production ready jobs received and confirmed by no later than 11:00 a.m. will be ready between 4:00 p.m. the fifth day after receipt and 4:00 p.m. on the seventh day after receipt.
- Please note: – Turnaround times for jobs that LiveGraphicDesign.com does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.
Although we endeavor to ship the quantity ordered, LiveGraphicDesign.com reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
Order Approval/ Proofing
LiveGraphicDesign.com has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a LiveGraphicDesign.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that LiveGraphicDesign.com will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. LiveGraphicDesign.com DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. LiveGraphicDesign.com will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
LiveGraphicDesign.com does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
LiveGraphicDesign.com offers two options for EDDM services: Print Only and Full Service.
The EDDM products are printed for delivery to you or for pickup. You may choose the have your products bundled in packs of 50 or 100, pieces or you may choose to have the entire order delivered “loose,” i.e., not bundled. If you select Print Only, we do not fulfill any of the USPS requirements for EDDM (whether Retail or Business Mail Entry Unit) products other than the bundling service; you are solely responsible for the setup and delivery of the products to the appropriate United States Postal Service (“USPS”) location. We do not select or assist in selecting the postal routes for your EDDM mailing, and we are not responsible for (and do not verify) the layout or setup of your EDDM mailing piece, including, without limitation, the sufficiency and placement of the address and mailing indicia location. Please consult the USPS website for applicable rules and guidelines for proper EDDM processing.
Full Service EDDM provides an interactive map that allows you to select USPS postal routes for your order. This information is provided on an “as is, where is” basis and LiveGraphicDesign.com makes no representation that the information is current or accurate at the time your order is placed. Once you have selected the appropriate routes, you must use the LiveGraphicDesign.com provided template (with pre-set mailing indicia) to create your EDDM mailing piece and to upload the file to LiveGraphicDesign.com. If you moved the location of the mailing indicia or address section, please verify that you have complied with USPS rules and guidelines.
Once uploaded, your EDDM order will be printed as received with the number of products needed for delivery. It will be bundled, prepared for mailing and dropped off to the USPS location closest to the LiveGraphicDesign.com production facility that is fulfilling your order. Upon delivery to this USPS location, USPS assumes all responsibility for delivery to your selected postal route(s), and your order is subject to all USPS rules, guidelines and timelines. Any delay, damage or loss occurring after delivery of your order to USPS is the responsibility of the USPS.
When you place your Full Service Order, you can select a “Target in Mailbox Date,” which is typically a minimum of twelve (12) business days from the date you place the order. The Target in Mailbox Date is an estimate based on information provided to us by the USPS. LiveGraphicDesign.com does not guarantee that your order will be delivered to your selected postal route(s) by or on a chosen Target in Mailbox Date.
If your order includes time sensitive or dated materials, we recommend that you use the Print Only option, place your order well in advance of the date needed for delivery to the USPS and select a shipping service level that ensures delivery to you by a certain date. If you decide to use the Full Service option for time sensitive or dated material, you are assuming the risk that the materials may not be delivered on time and we recommend selecting a Target in Mailbox Date that is at least 25 days from the date you place your order. A better alternative for time sensitive or dated material may be to use LiveGraphicDesign.com’s mailing service. Please contact our customer service department for more information.
The Full Service option requires the use of LiveGraphicDesign.com’s mailing indicia. We provide USPS approved templates, with the mailing indicia and address location pre-loaded, for your download and use. If you move or alter the position of the mailing indicia or address section, however, you are solely responsible for ensuring the new positioning complies with USPS requirements. We will not verify your compliance with USPS requirements when you upload the file to us for processing.
Please Note: No refunds will be given, whether you choose the Print Only or Full Service option, if the mailing indicia and/or address area do not meet USPS requirements.
Promotions, Special Offers and Discount Coupons
From time to time LiveGraphicDesign.com may offer promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully — all requirements stated in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated all Coupon Codes are limited to one-time use and are limited to current LiveGraphicDesign.com account holders in good standing. Promotions and special offers may be limited.
To take advantage of a promotion or special offer, enter the Coupon Code in the applicable field when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not function when entered, it means the product at issue does not qualify for the promotion or special offer; this determination is final.
A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by LiveGraphicDesign.com. If you enter a Coupon Code or take advantage of a promotion, special offer, discount or reward, you will not be able to enter another Coupon Code or take advantage of any other promotion, special offer, discount or reward.
Coupon Codes only apply to products ordered through LiveGraphicDesign.com’s website; they may not be used in conjunction with the purchase of products sold by or under the brands of third parties (including, LiveGraphicDesign.com affiliates and/or websites linked to any existing LiveGraphicDesign.com website). Coupon codes can not be applied to custom orders.
Coupon Codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
If a promotion or special offer is for a defined amount (e.g. $10.00 off) and applies to a multiple- item order (e.g., multiple sets of business cards), it will be allocated to each eligible item based on the proportion of the item’s value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.
Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe specified in the offer. If no date or timeframe is specified, a promotion or special offer is valid until the end of the month is which the Coupon Code is first eligible for use.
Coupon Codes (and the Coupons or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted.
Coupon Codes will not be retroactively applied against orders already placed with LiveGraphicDesign.com.
If a Coupon Code is used and the entire order is cancelled or rejected, or if you return all items in the order then, subject to the terms of our Returns/Refund/Reprint Policy, you will be refunded only the actual amount paid. The coupon code will no longer be valid.
If only part of your order is cancelled or rejected, or if you return only some of the items in your order, then subject to the terms of our Returns/Refund/Reprint Policy, the relevant discount or promotion will be applied to the item(s) that are kept. The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.
LiveGraphicDesign.com reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.
All prices and dollar amounts on this Website are in United States dollars. LiveGraphicDesign.com presently accepts the following credit cards: VISA, MasterCard, and American Express. We reserve the right to stop accepting credit cards from one or more issuers.
Unless LiveGraphicDesign.com agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with LiveGraphicDesign.com or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that LiveGraphicDesign.com and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that LiveGraphicDesign.com may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a LiveGraphicDesign.com Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for LiveDesign, Logo, Graphic Design, Web Design, and consultation services once completed. All consultation and LiveDesign appointments require a 24 hour advanced notice of cancellation to be eligible for a refund.
If within forty five (45) days or later of you placing an order and LiveGraphicDesign.com has not received files or has received incomplete files from which to complete your job, LiveGraphicDesign.com may at its option cancel the order and refund any portion or all of the payment charged to your credit card.
LiveGraphicDesign.com’s Custom Quotes form allows you to submit customized quotes directly from the LiveGraphicDesign.com website. A LiveGraphicDesign.com representative will attempt to fulfill the submission request within 24hours by email, but at times may require up tp 72 hours. LiveGraphicDesign.com is not responsible for lost or incomplete submissions including, but not limited to, technical issues of the Website, email processing, or any other means of failure. LiveGraphicDesign.com reserves the right to ignore and disregard custom quotes that are deemed unclear by LiveGraphicDesign.com.
LiveGraphicDesign.com will honor pricing for Custom Quotes for a period of 14 days from the date the quote is generated. Please retain a copy of all quotes you generate. If you have further questions please contact customer service.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of LiveGraphicDesign.com and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content”), constitutes the copyrighted property of LiveGraphicDesign.com or of those parties from whom LiveGraphicDesign.com has licensed such property, and is protected by United States, international and other laws. LiveGraphicDesign.com reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. LiveGraphicDesign.com reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Copyright Policy. It is our policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Infringement Notification. Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with us, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the copyrighted work that you believe has to been infringed provide a photograph if possible;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
and Sign the document.
Send the written communication to:
ATTN: Dean Schulz, VP of Business and Legal Affairs
1436 N. Hundley St., Anaheim, CA 92806
OR fax to: 714-632-7179 ATTN: Dean Schulz, VP of Business and Legal Affairs
Counter Notification. The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, provide a photograph if possible;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
and Sign the document.
Send written communication to:
ATTN: Dean Schulz
1436 N. Hundley St., Anaheim, CA 92806
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, LiveGraphicDesign.com will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Trademarks. “LiveGraphicDesign.com,” “LiveGraphicDesign.com,” “Thus the World Designed,” “Your Marketing Department on Demand,” “So Smart it’s Stupid,” and their respective designs and/or logos, are either trademarks or registered trademarks of LiveGraphicDesign.com and may not be copied, imitated or used, in whole or in part, without the prior written permission of LiveGraphicDesign.com. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of LiveGraphicDesign.com, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LiveGraphicDesign.com. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of LiveGraphicDesign.com, or the respective intellectual property owner. Any use of Site Content — including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance — without the prior written permission of LiveGraphicDesign.com is strictly prohibited.
Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on or through this Website is licensed to you by LiveGraphicDesign.com on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from LiveGraphicDesign.com. LiveGraphicDesign.com does and shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
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IN NO EVENT SHALL LIVEGRAPHICDESIGN.COM, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT LIVEGRAPHICDESIGN.COM HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM LIVEGRAPHICDESIGN.COM (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
LIVEGRAPHICDESIGN.COM, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO LIVEGRAPHICDESIGN.COM (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL LIVEGRAPHICDESIGN.COM BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree that you shall indemnify and defend and hold LiveGraphicDesign.com and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this LiveGraphicDesign.com, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from LiveGraphicDesign.com it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for LiveGraphicDesign.com to guarantee absolute confidentiality or security. The information LiveGraphicDesign.com collects and how that information is used is to the subject to LiveGraphicDesign.com’s Privacy Statement.
LiveGraphicDesign.com may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, LiveGraphicDesign.com reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.
TERMS & CONDITIONS CHANGES
LiveGraphicDesign.com reserves the right, in its sole discretion, to change these Terms and Conditions rules, benefits, and regulations, at any time and without notice. Changes to these Terms and Conditions will be posted on this website. It is your responsibility and you are encouraged to check in regularly to see if there have been any updates. LiveGraphicDesign.com assumes no responsibility or obligation to provide prior, contemporaneous or subsequent notice of changes in these Terms and Conditions. In the event LiveGraphicDesign.com does elect to provide notice of any particular change to these Terms and Conditions, it does not assume any responsibility or obligation to provide notice of any other or further changes to these Terms and Conditions, of any kind or nature, and/or or at any time.
NAME AND ADDRESS CHANGES
You are responsible for updating and advising LiveGraphicDesign.com of any change of name, e‐mail, phone number and/or postal address on your applicable LiveGraphicDesign.com account. Without undertaking any obligation to do so, LiveGraphicDesign.com reserves the right to update the address for any member’s account using the National Change of Address (NCOA) data filed by relocating postal customers.
You may update your account contact information by logging on to your account via www.livegraphicdesign.com. You can also update your account contact information by contacting LiveGraphicDesign.com customer service at email@example.com or call 1-888-966-4226 toll-free.
Supporting legal documentation may be required for any name change requests. LiveGraphicDesign.com shall have no liability for any, errors, losses or damages of any kind or nature, resulting from your failure to update your account information.