Please read these Terms of Service carefully. These Terms of Service govern your access to this site, as well as all sales of our products, and provision of services. M&M Digital Printing may update these Terms of Service from time to time without notice to you (but the terms existing at the time of any purchase shall apply to such purchase regardless of subsequent revisions). By continued use of our site, or through purchases of our product or our services, you agree to be bound by the terms and conditions set forth in this Terms of Service. In addition, when using particular M&M Digital Printing' services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services as are posted on our site (or on the sites of our affiliates or subcontractors). All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
M&M Digital Printing currently provides you access to a large collection of on-line design, marketing and printing resources, and will make, sell and deliver printed goods to you (collectively, the "Service"). Unless stated otherwise, every new feature that augments or enhances the current Service, including the release of new M&M Digital Printing features, shall be subject to these Terms of Service. The Service is provided "AS-IS" and M&M Digital Printing shall not be responsible for deletion, missed delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies. No compensation is offered pertaining to the design of the file in a "PRINT AS IS" state.
1. General Limitations
M&M Digital Printing reserves the right to modify or discontinue, temporarily or permanently, any or all of the Service without notifying you. Further, M&M Digital Printing may without notice terminate your account (or any part) or your use of the Service, and remove and discard any Content (defined in Section 2, below) at any time for any reason or no reason. Possible triggers for such a termination of Services include, without limitation, your failing to regularly use the Service, your violation of these Terms of Service, or changes in the strategic business plans of M&M Digital Printing. M&M Digital Printing shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
Except as otherwise expressly set forth herein, the following is the only warranty that M&M Digital Printing gives for the Service (and products ordered through the Service):
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, M&M Digital Printing EXPRESSLY DISCLAIMS 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. Some states do not allow waivers of implied warranties, so to the extent that is true, such legally imposed implied warranties shall last for the shortest time permitted. Further, to the extent M&M Digital Printing grants express limited warranties below, any implied warranties shall run only as long as the term of such limited warranty. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state or jurisdiction to jurisdiction.
M&M Digital Printing DOES NOT PROMISE THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
EXCEPT FOR THE WARRANTIES CONTAINED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT M&M Digital Printing MAY PROVIDE TO YOU SHALL CREATE ANY WARRANTY, AND THESE TERMS CONTROL OVER ANY OTHER SUCH COMMUNICATIONS.
M&M Digital Printing (AND ITS OFFICERS, EMPLOYEES, AGENTS, VENDORS, AFFILIATES OR SUBCONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF M&M Digital Printing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOUR USE OR INABILITY TO USE THE SERVICE;
YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
DELAYS IN RECEIPT OF AN ORDER; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
M&M Digital Printing' entire liability to you for any matter shall be limited to the amount actually received by M&M Digital Printing on account of your purchases from M&M Digital Printing.
This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information ("Content"). You may not retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. M&M Digital Printing reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this website employ a limited number of elements, including icons, fonts, color schemes, and design effects. M&M Digital Printing reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of an image design and/or your incorporation of an image design into one or more products. Other M&M Digital Printing' customers may use the same design tools to create images that have similar or identical combinations of these elements. M&M Digital Printing does not guarantee that your image will not have similarities to images designed and used by other parties. M&M Digital Printing provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights.
In using the Service, you may not place or reproduce any trademarks, service marks, or logos that you do not have the legal right to use. (Words, names, and designs used to identify services or products are considered trademarks, service marks, or logos). M&M Digital Printing has the right to reject any materials or Content which M&M Digital Printing, in its sole discretion, considers to be obscene, defamatory, criminal, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are licensed to you by the copyright holder. While M&M Digital Printing does not pre-screen Content, M&M Digital Printing shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. M&M Digital Printing may preserve Content (but has no obligation to do so) and may disclose any Content including if required by law or if it believes that such preservation or disclosure is reasonably necessary.
M&M Digital Printing does not censor any material on this website nor review material to determine whether it is in compliance with the law. Consequently, M&M Digital Printing shall have no liability for materials that are subject to copyright or trademark protections or that is otherwise in violation of the law. M&M Digital Printing does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. M&M Digital Printing shall not be liable to you for Content on our website that you may find offensive, indecent or objectionable.
M&M Digital Printing may establish general practices and limits concerning your use of the Service, including, without limitation, the maximum number of days that M&M Digital Printing shall retain designs or other uploaded Content, the maximum size of any Content, and the maximum storage space that will it may allocate to you. M&M Digital Printing is not responsible for the deletion or failure to store any Content. M&M Digital Printing may delete Content stored on the Service which is inactive for an extended period of time, or for any other reason including changes in its business strategy.
If you believe that your intellectual property rights have been infringed by M&M Digital Printing or by a user of our Service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
Identification of the copyright, trademark or other rights that have been allegedly infringed. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
Your name, address, telephone number and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Our Intellectual Property Rights Agent is Paul Barnum who may reached by mail at 7582 Las Vegas Blvd. S. Suite #487, Las Vegas, NV, 89123.
3. PRINTING ERROR RESOLUTION
M&M Digital Printing does not check any submission for spelling, grammar, or any other errors. The design will be printed as it appears during the approval step. It is your responsibility to ensure that all materials submitted for printing are formatted correctly.
Standard File Review
Before you approve file for printing, make sure that your design does not have errors prior to print that will result in a bad print product. Our file specialists will review files for the following common errors (but ultimate responsibility to check such errors is yours):
Text and content out of zone
Spot UV alignment
Other errors our file specialists will not check for include but are not limited to the following:
Spelling Errors and typos
Color out of gamut
Decline File Review
If you decline the file review service, the design will be printed as it appears during the approval step. It is your sole responsibility to ensure that all materials submitted for printing are formatted correctly.
Limited Warranty for Products Ordered. M&M Digital Printing guarantees prints you order and pay for will be in accordance with CMYK industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. M&M Digital Printing does not guarantee color will match the preview as it appears on a customer's monitor, because monitor colors vary. M&M Digital Printing is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. We recommend all custom designs be designed in CMYK and uploaded in CMYK. You may also upload in RGB if you choose, but the color will be converted to CMYK and may not be accurate. If you do upload in CMYK, we ask you to design using our preferred color profile for better color accuracy. M&M Digital Printing uses the GRACoL2006 Coated V2 color profile.
Orders will not be defective due to printing errors, coating errors, cutting errors, or bindery errors if they were designed within M&M Digital Printing design specifications.
You may not be able to print or write on the product after purchase. M&M Digital Printing' products are often coated and can be difficult to print on. UV coated products cannot be printed on while matte covered products may require commercial printers. Satin matte finish allows for easier write ability compared to our UV gloss finish. It is your responsibility to test using a sample and verify that your printer or pen will work before placing an order. Samples can be ordered online for free.
M&M Digital Printing cannot be held responsible for un-usable QR codes and /or Microsoft Tags after print. Please test the code with the application before file submission. Immediately upon receipt you should inspect all Products to ensure there are no defects and that the order is complete. If a print is found to be defective, M&M Digital Printing require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
The foregoing warranty does not include defects due to customer errors, such as incorrect file submission in accordance with our specifications, duplicate orders, customer misunderstandings of turnaround time, slight color variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and folding tolerances within stated limits on the website, incorrect paper, cover stocks and coating options chosen for print, undeliverable packages/3rd delivery attempts or refusal or delivery and orders returned without an RMA. No compensation is offered for any of the above or below items.
Incorrect card orientation
Folding Out of Spec
Hard to Read
Inverted Stamp File
Not Full Bleed
Colors out of the CMYK color gamut. Please reference Section 3.
Text or important images out of the safe zone
Visible Template Lines
Files with rounded corners designed into image
M&M Digital Printing utilizes third-party carriers to deliver orders and it is not liable for delivery problems. M&M Digital Printing makes no guarantee about time in transit of any shipping method. If you do not receive an order by the expected delivery date, or it arrives damaged, you should email or call (518) 793-5168 and include invoice number.
Except for the foregoing limitations, M&M Digital Printing shall make commercially reasonable efforts to make sure that products ordered before 8:00 pm Eastern Time will be delivered on or up to the date you choose during the checkout process. M&M Digital Printing' cutoff time of 8:00 pm EST is based on the time we receive notification of a payment clearing, and order acceptance in our production system. Therefore, please avoid placing orders close to cutoff time to avoid delays. Orders placed on hold for any reason may encounter delayed deliveries.
M&M Digital Printing may have a shortage discrepancy of up to 5% on products. If this occurs, we will grant a prorated store credit, refund or reprint for the number of cards up to the selected quantity. M&M Digital Printing uses multiple printing presses (offset and digital) thus resulting in variances from order to order. We make reasonable attempts to utilize same type presses to fulfill orders on same invoice, but we cannot guarantee it.
Refused or undeliverable orders that are on time are not M&M Digital Printing responsibility and these are not subject to reprint, store credit or refund. Orders returned without an RMA to M&M Digital Printing as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt. Please contact us via e-mail at [email protected] or by phone at 888.677.2000 within 30 days of the scheduled delivery date.
If an order is delayed as a result of the fault of M&M Digital Printing, the sole remedy shall be that M&M Digital Printing may (a) upgrade of shipping type, (b) compensation of the shipping difference paid in the form of a store credit or refund. M&M Digital Printing must be contacted via email or by phone at (518) 793-5168 within 30 days of the scheduled delivery date. M&M Digital Printing has five business days from the time of notification to respond with one of the resolutions below:
When a package is lost in transit, M&M Digital Printing will, at its option, reprint with the same production terms or issue compensation.
If the package is located by the carrier it will be rerouted to the customer promptly upon discovery. However if customer receives both original and reprint, customer will be required to pay for the reprint or return at M&M Digital Printing' cost. Shipping carriers typically require 10 business days for refund of shipping costs.
If the package is not found, M&M Digital Printing will require confirmation from the carrier prior to issuing compensation.
When packages are damaged in transit, M&M Digital Printing will reprint with the same production terms or issue compensation. Customer will be required to provide package and contents to carrier.
5. ORDERS / CANCELLATIONS
M&M Digital Printing recommends payment via credit card. Typical credit card payments clear within 5 seconds whereas electronic checks may take up to an average of 7 business days to clear. This will affect the delivery date chosen and push back your estimated delivery date for all orders are processed based on when payment is received. Please place your order at least 30 minutes prior to the cutoff time to ensure your order is available to print that night. All orders are printed Monday - Friday. If M&M Digital Printing receives the confirmation after our cutoff time of 5 PM EST, orders may not print that night. M&M Digital Printing cannot be held responsible for delays if confirmation arrives after 8 PM EST.
Orders may only be canceled through our website using the order status interface. Orders that have already printed cannot be canceled.
6. DEFECTIVE PRODUCTS
M&M Digital Printing must be contacted via email or by phone at (518) 793-5168 within 30 days of receiving your order. M&M Digital Printing require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
If the product is not deemed defective, and customer chooses to keep the product, M&M Digital Printing can issue a 50% store credit for the product cost towards a future order. If the product is deemed defective, and of M&M Digital Printing error, we will reprint the order with the same delivery terms ordered.
Since each order is custom made to customer and has no re-sale value, All Sales Are Final. Full refunds are only authorized with a Return Merchandise Authorization (RMA) Label based on Manager Discretion. M&M Digital Printing will issue a RMA number so the defective product can be returned for a full refund, but M&M Digital Printing is not responsible for added pick-up or service fees. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs will go through a Quality Control check prior to the compensation being issued. All defective merchandise, including any and all reprints of the defective set(s) must be returned with an RMA in order to receive a full refund on the defective product ordered.
M&M Digital Printing does not offer any compensation for customer errors under Limited Warranty for Products Ordered.
7. INFORMATION DISCLOSURE
M&M Digital Printing reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with M&M Digital Printing and regarding changes to these Terms of Service. Any customer may opt out of receiving future contact from M&M Digital Printing at any time, by unsubscribing from our email correspondence.
8. ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and M&M Digital Printing and govern your use of the Service, superseding any prior agreements between you and M&M Digital Printing.
These Terms of Service and the relationship between you and M&M Digital Printing shall be governed by the laws of the State of California, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute or claim relating to your use of the Service, or to any products or services sold or distributed by M&M Digital Printing will be resolved by binding arbitration, rather than in court, except that you must assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter to M&M Digital Printing requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold M&M Digital Printing, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
12. MAILING SERVICES TERMS AND CONDITIONS
In addition to the foregoing, the following additional Terms and Conditions apply to mailing service orders:
CUSTOMER RESPONSIBILITIES: It is your responsibility to understand and comply with all applicable foreign, federal, state, and local laws, rules, and regulations including, but not limited to, do not call and do not fax regulations. M&M Digital Printing will not provide any such advice, and does not purport to have expertise in compliance with such laws. You understand that certain jurisdictions have enacted restrictions regarding direct marketing and you should consult with legal counsel regarding applicable laws before initiating a direct mail, fax or telemarketing campaign. You shall indemnify and hold M&M Digital Printing, its subsidiaries, affiliates, service providers and subcontractors harmless against all claims related, in whole or in part, any failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in Warren County, NY shall have exclusive jurisdiction. You agree that such courts represent "convenient and appropriate" forums for this purpose.
EXCLUSIVE LIMITED WARRANTY FOR MAILING SERVICES: M&M Digital Printing is not liable for the correctness or comprehensiveness of the mailing list which are provided on an AS-IS basis. In no event shall M&M Digital Printing, its subsidiaries, affiliates, service providers and subcontractors be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. M&M Digital Printing' entire liability to you, if any, shall be limited to the amount actually received by M&M Digital Printing on account of your purchase.
Postage and processing fees can be refunded as long as your order has not been put into the mail. Printing fees can be refunded if your order has not yet printed. No reprints or refunds will be issued while an order is in transit. In accordance to USPS regulations, please allow 30 days from the time the product is mailed in order to initiate compensation. Prior to mailing you can follow your order status by signing in to your M&M Digital Printing account.
The USPS does not guarantee delivery of First Class nor Standard Class Mail. Time in transit varies by destinations and season. M&M Digital Printing recommend Priority/Standard Ground for orders of 25 or more excess (overages). Excess of less than 25 will be automatically recycled. The Expected Delivery Date is applicable for the excess only. All mailers will be given to the USPS within 3 Business Days. Typical delivery is within 5 business days for First Class Mail and 15 business days for Standard Class Mail, where applicable.
M&M Digital Printing does not refund postage charges on mailed items. Postage charges are estimated based on bulk mail rates for standard and first class from the USPS. Mailing less than 100 postcards will incur an automatic service fee of $30.00 for processing. The addition of mailing services to a purchase should be expected to increase the shipment date of your order by three business days. M&M Digital Printing cannot guarantee delivery times on items mailed through the USPS. In the event that there are more mailers than valid records in the mailing list, the excess cards can be shipped to you at a cost or will be thrown away in an insecure location. Do not include confidential or private information in your postcard design.
If the mailing list submitted is invalid or badly formatted, M&M Digital Printing can clean up your list for you (typically at a minimum $45.00 charge), M&M Digital Printing can mail the valid addresses and ship the unused cards back to your address, or you can reformat and resubmit your list.
In order for your postcard design to be processed correctly for mailing, refer to design guide - USPS regulations.
Postcard designs containing any vulgarity, pornographic or illegal material will not be mailed.
For design guidelines for the different postcard sizes, please visit USPS Postal Guidelines.
By utilizing our mailing services, you agree that M&M Digital Printing Mailing Services are complete when the mail is delivered to the United State Postal Service with correct postage affixed. M&M Digital Printing services do not include further delivery which is the responsibility of the USPS in accordance with USPS regulations.
These Terms of Service are not assignable or transferable by you without the prior written consent of M&M Digital Printing. These Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and M&M Digital Printing are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.