Welcome to the GOTHAM PRINTING™ Website. We provide our Website as a service to our customers. Please review the following basic rules which constitute our "Terms Of Use & Legal Notices," which govern your use of our Website. By using our Website and /or placing an order for products and/or services from GOTHAM PRINTING you agree to be bound by the terms and conditions set forth below, and our and all disclaimers or other terms and conditions that appear elsewhere on our Website and Invoices (collectively the "Agreement"). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may "bookmark" a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.
Terms of Sale
Full Payment is due upon placing the order; any balance is due immediately upon completion (and prior to shipping), and should include all costs including shipping and handling, and any applicable sales tax. No work will proceed until we are in possession of your non-refundable full payment and work order. An invoice serves as a work order: THIS IS REQUIRED TO PRODUCE YOUR ORDER. Remit your online payment when you are ready to proceed.
It is absolutely necessary to communicate any changes in your print order in writing,via email. GOTHAM PRINTING will not be responsible for undetected production errors if requests for changes are communicated orally. No refunds or credits are given once your order has been printed.
Order Cancellation Policy
All sales are final. No refunds are available for the initial deposit. When the customer cancels an order in writing that has been placed, and no graphics processing has been done, will result in your incurring any charges for labor and materials up to the point when we received your written notification and the balance applied to your next order. If the job is already printed by this time, you are liable for the full cost.
ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT.
Turnaround TimesOrders that are requested to be produced before the normal delivery time will be charged a RUSH ORDER charge OF NO LESS THAN $150.00+ and will be added to your final invoice (if requested). This pricing will be determined by Gotham Printing printing management at time of request and shall be determined by the number of orders that are ahead of it in the print schedule. RUSH ORDER requests jeopardize the quoted turnaround time for our other clientele, thereby jeopardizing our consistency in maintaining correct delivery times; because of this, your rush order request may necessitate the need for overtime or weekend and after hours work by our employees to fulfill your request. In an effort to eliminate this charge, please allow plenty of time for production and order your collateral materials before you run out. It is not uncommon for rush order pricing to add fees of double the original cost.? Turnaround times are quoted as a single service; allow 10 business days for each service that you are requesting, including, but not limited to: Printing, Graphic Design, Inkjet Addressing, and Mailing. Please be clear that each individual service is a separate production schedule. For example, if you need a brochure designed, printing and then addressed for mailing you should allow 10 business days for each of these 3 services which would be 30 business days.
Although GOTHAM PRINTING makes every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. GOTHAM PRINTING will not credit customers if a job runs past the estimated turnaround time.
TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE
Other Fees
Jobs may be subject to other fees as follows:
$55.00 - Hard Copy Proofs ( per 8.5" X 11", per side ).
$110.00/hour - Approved artwork alterations
$25.00 - Re-RIP of any file.
$10.00 - Handling fee for all jobs
This is not an exhaustive list; other fees may be incurred in special circumstances.
Rush Orders
The full and total amount of the invoice on all rush orders and/or specialty orders must be paid in full at time of request before production can be implemented, including orders that become a rush order after it has been initially quoted. This means that the files must be received and all proofs approved in time to allow the stated production schedule to be implemented. Rush order schedules start when all files and proofs have been received and approved, and full payment of your invoice has been received.
General Information
Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become the property of GOTHAM PRINTING unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with GOTHAM PRINTING software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be e-mailed or shipped out within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 10% quantity. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.
Customer Supplied Proofs
For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. GOTHAM PRINTING is not responsible for any such errors if a working model is not provided prior to proofing. GOTHAM PRINTING is also not responsible for any and all errors in the customer's printing job if they select the "Run As Is. No Proof" option.
Color Proof Accuracy
Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons, and because the customer supplied proofs are not calibrated to our presses.
Right Of Refusal
GOTHAM PRINTING reserves the right to refuse service or products to any person or organization.
Quotations
A Custom quotation not accepted within 15 days may be changed. Prices on standard products on this website are subject to change at any time. Paper pricing and supplies will be adjusted periodically based on prevailing market fluctuations that affect cost.
Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. GOTHAM PRINTING can re-quote a job at the time of file submission if the files, or other input materials do not conform to the original information on which the quote was based.
Preparatory Material
All files provided electronically or on disc, will NOT be returned to you upon completion of the printing project. We do not retain any files on behalf of our customers. Please be sure to keep files and job number in a safe place if you expect to reprint the job in the future. 'CLIENT' is solely responsible for maintaining files-please request and keep copies of any file we produce for you.?All material we create in producing your printed products are the exclusive property of GOTHAM PRINTING and will not be sold, we reserve the right to distribute free samples of your product.
Storage
GOTHAM PRINTING retains intermediate materials until the project has been printed and accepted by the customer. GOTHAM PRINTING is not responsible for any loss or damage to stored matter beyond what is recoverable by GOTHAM PRINTING's fire and extended insurance policy.
Delays or Missed Deadlines
GOTHAM PRINTING is not responsible for delays caused by fire, water, strikes, theft, vandalism, war, riot, civil disorder, accidents, action of government or civil authority, acts of God and other causes beyond our control. We also assume no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Our expected delivery date is not guaranteed, although we rarely miss a due date. An order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, strikes, illnesses, etc.
Delivery
Delivery is F.O.B. shipping point. GOTHAM PRINTING is not liable for any consequential or damages resulting from any delay in shipment or delivery caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond GOTHAM PRINTING's direct control. 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.
Shipping
GOTHAM PRINTING is not responsible for any shipping costs and/or any delays in delivery due to shipping/receiving of your ordered product(s). Shipping costs MUST be paid in advance and are completely Non-Refundable. You are welcome to supply us with your own UPS or FEDEX account number, or Credit card Number. Additional costs may be applied to your invoice when applicable to deliver your order to a desired shipping point. Please be sure to allow plenty of time for producing ad delivery in order to meet any impending deadline that you may have. GOTHAM PRINTING is a printing and design facility, and not a shipping company.
GOTHAM PRINTING is not responsible for 3rd party shipping errors, omissions or damaged shipments. Your order will not be insured when shipped using GOTHAM PRINTING Printing's shipping accounts. If you would like to insure your product against loss or damage, you must supply your own shipping account number. All Orders are shipped via Federal Express (FedEx) or local courier for a fee based on your location or Zip Code. If your shipping address has not been provided, we will ship your order to the address indicated on the invoice. GOTHAM PRINTING does not provide for pick up from our location for any reason at any time. This includes any "Will Call" delivery. Client is responsible for all shipping costs including local delivery via courier and must be paid for in advance to schedule delivery of your product to your location. If the shipping cost(s) for your order are not indicated on your invoice or statement, this does not preclude you from owing the cost to ship to you; please request an estimate of shipping along with your desired method (i.e.: Ground, 2 Day, Express, Overnight, Express Saver, etc.). Shipped Products are NOT insured; this means that if you shipment is lost and/or damaged during shipping, the payment will not be refunded and there will be a charge to reprint. Please be sure to allow plenty of time for producing ad delivery in order to meet any impending deadline that you may have. GOTHAM PRINTING is a printing and design facility, and not a shipping company. If a package is not delivered due to an error made by the customer in submitting the proper shipping address, GOTHAM PRINTING will reship the package with corrected address and charge an additional shipping fee for the shipment.
Customer Responsibilities
Customers are 100% responsible for the accuracy of your layouts and are encouraged to proof each job carefully. Customers are also 100% responsible for compliance with postal regulations and current mailing restrictions associated with postcards and mailers.
Electronic Manuscript or Image
It is the customer's responsibility to maintain a copy of the original file. GOTHAM PRINTING is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished final output. Until digital input can be evaluated by GOTHAM PRINTING, no claims or promises about our ability to work with jobs submitted in digital format, and no liability is applicable to problems that may arise.
Alterations/Corrections
Any additional translating, editing or programming needed on customer-supplied files can be completed by the customer or GOTHAM PRINTING will make the corrections at the rate of $110/hour with a $25 minimum. GOTHAM PRINTING will preflight all digital files received from the customer to determine if they are print ready. This activity falls under the initial $25 processing fee, which is not refundable. If corrections are needed, we will contact you immediately and give you the option of making the changes and sending us new files or having us make the changes.
Color Variations from the Proof
Because of differences in equipment, paper, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected. When variations of his kind occur, it will be considered acceptable performance. GOTHAM PRINTING prints every project in keeping with "pleasing color" standards for the printing industry. GOTHAM PRINTING makes no guarantee that the color you see on your computer monitor or your color printer will approximate your finished piece printed via the CMYK process. Wide variation in color spaces, technologies and calibrations of different monitors and printers may preclude an exact match.
Prepress Proofs
GOTHAM PRINTING will submit prepress proofs to the customer for review in accordance with their order - either an electronic proof or hard copy proof. Customer corrections are to be returned to us as a master set marked "OK","OK with Corrections" or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed on the project. GOTHAM PRINTING is not responsible for undetected production errors if:
1. Proofs are not required by the customer.
2. The work is printed per the customer's signed OK.
3. Requests for changes are communicated orally.
Special Inks
Inks such as metallics or fluorescents are specialty inks that cost more money. Customers will incur an up-charge for use of these inks on Custom projects.
Sales Tax
All New York orders are subject to 8.625% sales tax. If a customer is tax exempt, a copy of the exemption certificate must be sent or faxed to us with the first job ordered.
Links to Third Party Sites
Links on the GOTHAM PRINTING website to third party sites are not under the control of GOTHAM PRINTING. We are not responsible for the contents or any linked site, any
link contained in a linked site or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. GOTHAM PRINTING provides these links only as a convenience to customers and the inclusion of any link does not imply endorsement of the site by GOTHAM PRINTING.
Mailing Services
Mailing Lists
Customer's mailing list(s) will not be sold or offered for use to any other party while in the possession of GOTHAM PRINTING, Inc. All Mailing List(s) are the exclusive property of the customer and shall be used only with customer's instructions. GOTHAM PRINTING, Inc. will not utilize the customer's list for any other purpose.?Database lists that are purchased or rented from an GOTHAM PRINTING vendor are purchased with the specifications and criteria that you have provided, and such criteria must be approved by you prior to purchase, and the criteria must appear on your signed invoice. Upon purchase approval, there is no refund whatsoever. GOTHAM PRINTING provides the purchase of database names and address collections as a service to you from a third party vendor whose name and contact information will remain confidential and will not be disclosed. GOTHAM PRINTING does not guarantee ANY results whatsoever in the success or lack thereof in your mailing campaign. GOTHAM PRINTING's responsibility is limited to preparing your mailing and completing delivery to the US Postal BMEU located in Peekskill, New York. In no event shall GOTHAM PRINTING be liable for USPS performance failures or delivery delays.
Shipping & Postal Delivery Times
All delivery dates are estimate. GOTHAM PRINTING, Inc. is not responsible for delays caused by the U.S. Post Office. GOTHAM PRINTING, Inc. has no control over the U.S. Postal Service, United Parcel Service, Federal Express (FEDEX) or any other common carriers' delivery schedules and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered. GOTHAM PRINTING's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. GOTHAM PRINTING's responsibility ends when the job is delivered to the Peekskill, New York Business Mail Entry Unit (BMEU). In no event shall GOTHAM PRINTING, Inc. be liable for USPS performance failures or delivery delays.
Errors in Mailing
GOTHAM PRINTING, Inc. shall be liable only to the extent of re-mailing a correction or corrected job as soon as possible to rectify the mistake. Damages shall be limited to the value of the work performed. In no case is GOTHAM PRINTING liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. The customer will defend and hold GOTHAM PRINTING, Inc. harmless in any suit or court action brought against GOTHAM PRINTING, Inc. by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where GOTHAM PRINTING, Inc. acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in GOTHAM PRINTING, Inc. sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against GOTHAM PRINTING, for actions of the customer's employees which may occur as a result of any mailing.
Proprietary Rights
Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and GOTHAM PRINTING owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The GOTHAM PRINTING trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of GOTHAM PRINTING, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Your Use of Our Website
Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative of GOTHAM PRINTING It is also strictly prohibited to download any images of the GOTHAM PRINTING products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if GOTHAM PRINTING, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.
NO WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOTHAM PRINTING MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. GOTHAM 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. IN NO EVENT SHALL GOTHAM PRINTING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GOTHAM PRINTING WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF GOTHAM PRINTING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.
Liability
1. Disclaimer of Express Warranties: Customer warrants that the work is as described in the order specifications. The customer understands that all sketches, copy, dummies and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.??
2. Disclaimer of Implied Warranties: GOTHAM PRINTING warrants only that the work conforms to the description submitted with the order. GOTHAM PRINTING's maximum liability, whether by negligence, contract or otherwise, does not exceed the return of the amount invoiced for the work in dispute. Under no circumstances is GOTHAM PRINTING liable for specific, individual or consequential damages.
Complaints All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defect (as determined by GOTHAM PRINTING), GOTHAM PRINTING would reprint your job at no charge.
Security
Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of GOTHAM PRINTING, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to GOTHAM PRINTING, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Copyright Infringement
The customer warrants that the subject matter to be reprinted is not copyrighted by a third party. Customers also recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. Customers further warrant that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, customers agree to indemnify and hold GOTHAM PRINTING harmless for all liability, damages and attorney's fees that may be incurred if any legal action connected with copyright infringement involving the work produced or provided. Customers also warrant that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or their personal or economic rights. Customers will, at their sole expense, promptly and thoroughly defend GOTHAM PRINTING in all legal actions on these grounds as long as GOTHAM PRINTING notifies customers of legal action and gives the customer reasonable time to undertake and conduct defense. GOTHAM PRINTING reserves the right to use its discretion in refusing to print anything that it deems illegal, libelous, scandalous, improper or infringing upon copyright law. Your use of this site, your placement of an order, and/or your submittal of any purchase order with GOTHAM PRINTING indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by GOTHAM PRINTING. GOTHAM PRINTING reserves the right to make changes to this site and these terms and conditions at any time. GOTHAM PRINTING provides this Website as a service to its clients (including its employees and agents) and assumes no responsibility for consequences resulting from the use of information herein, (or from the use of the information obtained to linked addresses) or in any respect for the content within this site. GOTHAM PRINTING Printing is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained with the site. While the information contained herein is periodically updated, additional facts and information or future developments may affect the subjects addressed and no guarantee is given that the information provided in this Website is correct, complete, and up-to date.
Kids' Privacy
Our Website is intended for use by individuals 18 years of age or older. Our Website is not directed to children under the age of 18. Users under the age of 18 must use the assistance of a parent or guardian before they use or visit our Website.
Errors, Corrections and Changes
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Information & Content You Submit to Us
By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to GOTHAM PRINTING and its affiliates ("GOTHAM PRINTING," as used herein) an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
Indemnity
You agree to indemnify, defend and hold harmless GOTHAM PRINTING, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement. Customers agree to indemnify and hold GOTHAM PRINTING, its subsidiaries, affiliates, officers, agents, cobranders, vendors, partners, employees or assigns harmless from any claim or demand, including reasonable attorney's fees, made by a third party due to or arising out of content submitted, posted or transmitted through GOTHAM PRINTING, customer violation of the terms and conditions detailed here, or customer violation of the rights of a third party.
Rights To Promotion
GOTHAM PRINTING reserves the right to use any items produced, either printing, or graphic design file for displays, catalogs, flyers, website, or advertisement and other promotional uses, unless indicated on purchase order Invoice or in writing.
Third Party Websites & Links
Our Website may contain links to other Websites that are not under our control ("Third-Party Websites"). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.
Applicable Law & Other Terms
Our Website is created, operated and controlled by GOTHAM PRINTING in the state of New York, in the United States of America. The laws of the State of New York will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Westchester in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and GOTHAM PRINTING with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GOTHAM PRINTING with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Further, you agree entirely that by placing an order with GOTHAM PRINTING for printing and/or services, that you waive/give up all right to file a lawsuit against GOTHAM PRINTING or and representative of GOTHAM PRINTING and their vendors or affiliates, undeniably, without restriction.
Expiration
Any project that has been in limbo and awaiting clients authorization to proceed which has lasted 6 months or longer shall be considered closed and non refundable after 181 days. Said order shall be considered expired and no refund or credit shall be considered.