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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or place any order.

Intellectual Rights
You are entirely responsible for all music, art and data that you provide. You must have the right to duplicate all materials you provide to us. When you provide us material you agree that your materials fall under one of these 5 categories.  1) You are the owner of the material provided. 2) You have permission of the owner to make copies of the material 3) you are reproducing the music under compulsory licenses 4) the material is public domain 5) the material is used on "fair use" or other exclusions in copyright laws. 
 
Violation of copyright laws is subject to civil and criminal prosecution. This includes a fine of $250,000 and up to 5 years in prison for each offense. CD Poster Shop fully cooperates with authorities and discourages illegal use our services. CD Poster Shop will only make copies of materials that are legal. You agree that if we find that you are not legally allowed to reproduce the material, we will cancel your order; charge for any work performed and refund the difference. If the material cannot be sent because it violates copyright laws you agree the loss is yours. This means you will not charge back the difference because we would not send you material that break federal laws.
 
As the customer you guarantee that you agree to our intellectual rights policy and that all materials are legal for us to produce copies of.  If we If there are overages in production on short run to ensure you get your complete order in case of damage during the manufacturing process, the customer agrees to allow the company to keep all printed artwork, excluding the music for samples. We also keep a copy of every disc produced for reference and verification of any problems reported.
 
You agree to take full responsibility and to  indemnify, defend, and hold harmless CD Poster Shop, its owners, officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of our intellectual rights policy by you or anyone that places and order through your account.
 
Shipping & Delivery
CD Poster Shop only ships merchandise to the United States of America or it's territories. The risk of loss and title for all merchandise ordered from CD Poster Shop pass to UPS or any carrier that we choose. All produce is insured. We will honor and place all claims on your behalf. Product will not be replaced until the claim is approved by our carrier. All responsibility passes to you once the product is received. It is your responsibility to report any damage to the box when receiving the material. 
 
Production
Order cut off is 2:00 PM pacific time. All orders received after that time will start processing the next business day. Production time is calculated Monday-Friday from 9:00 AM - 5:00 PM excluding holidays or business closures. Based on schedule demands we may have extended hours to meet demands. However any hours worked outside standard production time does not change the production time calculation. Processing turnaround does not start until after the artwork and music is received. Production time does not include shipping time. The day of the order is day 0. Shipping time is calculated by UPS in business days as well and excludes holidays and weekends. Weather can also effect ship time. The day of the shipment is day 0.
 
Every order is important to us and we make every effort to turn your order around as quickly as possible and to ship on-time. We are not responsible for late shipments due to errors in artwork or music. It is your responsibility to ensure things are right before you send it to us. We do not guarantee a time of notification for errors in your materials. Quality checks are prior to production. We are not liable for any damages that occur due to orders that are not completed in a timely manner. We do not guarantee production time; we can give a discount to the next level if rush fees were paid and we are late due to our responsibility. Production time is based on the terms of the production time selected on the order and the stated terms above. Any communication stating different production times are estimates and do not override the production time selected on the order. If production runs later on a standard production order you will be notified. We are not responsible for late shipments due to shipping problems, weather, electrical outages, catastrophic equipment failure, fire, acts of God, defective supplies we receive, or anything else that is not within our control. No discounts are given for late production due to these causes. Production time only counts on days open. If we are closed, or have partial closures due to anything beyond our control, that closure does not count as a business day. If we are overbooked production time can be affected. In those cases we increase the number of shifts we work.

Quality Check
We check the quality of artwork provided for free. We do not guarantee a time frame in production that this check will be done. This quality check only ensures that the artwork is the correct dimensions and and allows enough bleed. If there is not enough bleed or text is in danger of being cut off, we will reduce the image size and add an appropriate color for the border. You are responsible for your artwork, to prevent the possibility of any borders, which can be uneven when printed, ensure your graphics cover the area and bleed area with all text inside the safety margin. Providing layered psd files allows us to fix this without a border. We do not check spelling or determine how artwork is intended to be. If you want to be sure artwork is as intended then a physical proof should be ordered. The best way to ensure everything is as intended without a proof is to use our templates as required and follow the directions. Background images covering entire templates, all text and important graphics inside the safety margins. CD Poster Shop will notify you if we notice spine text on CDs that is upside down or misspellings. However we do not guarantee this as part of our quality check. We only guarantee text will not be cut off and printing will be to the edge as a full bleed. If provided with low resolution images, we do not guarantee legibility quality of the image. Products that have low quality due to resolution, have lines visible that are embedded in artwork (such as crop marks or other lines that are not part of our templates, have misspellings or other errors in the artwork is not our responsibility. We are responsible for printing it and making sure your text is visible and printing is to edge of the image. Images can shift up to 2 mm when cutting and or printing.
 
Right of Refusal
The company reserves the right to refuse an order for any reason. If we find your material to be objectionable, in violation of law (all violations will be reported) or if you are rude or abusive to our staff we will cancel your order and refund for all work not performed. This can happen at any point in the order. All completed material that is not in violation of law will be shipped. This is extremely rare but it does happen, generally for copyright violation. You agree that if we decided to refuse your order we are not responsible for any loss of income that you may incur due to our cancellation of the order.

Credit Card Payments
You the customer agrees that the billing address and name matches the name on the credit card and that the agreement of the order is between the card holder and CD Poster Shop. Credit Card payments that do not match the billing address and or name, or names on the terms that do not match the credit card payment will be declined. All refunds can take between 5-7 business days to show up in your account. Orders declined by our website at the time of payment can take a day for a hold to be released by your bank. Our system immediately informs your bank of all orders declined at the time of payment to prevent any holds. Orders can be declined for non matching billing or security code information. For your security all information must match (billing address with card statement and security code with card, expiration date and name on card.) You agree to inform us of any charge disputes within 45 days of the order date. Credit card refunds must happen with in 60 days from the order date. After 60 days you agree to accept a store credit for any refunds. Any additional charges from changed orders must be charged separately. For security reasons we can not charge your card after the fact, CD Poster Shop does not have access to your card information.

The cardholder agrees that if there are any disputed charges to notify us first about any problems first before contacting the card company. The cardholder agrees not to dispute any financial charges with their card company that are within the terms of the order. The cardholder agrees that products are custom by nature and are only available for replacement not refund. The cardholder agrees to pay for time and materials used on canceled orders and to accept charges for shipping any completed work. The cardholder agrees that orders completed can not be canceled. We will make every effort to ensure that all products are provided as the terms dictate and as specified in the product description, even if it is at our financial loss. We will ban the account and future orders from the card holder or any parties associated with the order in question for any of the following reasons 1) Not contacting us first and directly disputing the charge with the credit card company before we can discuss a resolution. 2) Refusing to pay for time and materials if order is canceled after production has started. 3) Refusing replacement product on an order produced or refusing an order that adheres to the order specification, terms and conditions of the order and all production, ship times and specifications selected by the customer. 

We want to provide you with the best product possible for short run CD products and printing. We want to do this at the lowest price we can. We want to serve you well. However mistakes can happen and we expect to be able to resolve them. We have made a great effort to clearly communicate all terms of the order which are fair and consistent with the majority of all CD and print companies. We appreciate your understanding and willingness to work with us in the unlikely event of any mistake.
 
Color Matching
Color matching is not guaranteed. If you are concerned about colors, you must order a proof. Proofs are an approximation of the colors on the printed product. However the proof is closer to what you will receive than printing it yourself or comparing it to your monitor. If you are concerned about color matching but do not order a proof, you do so at your own risk. If you order a proof before the run and colors are dramatically different we will correct it. The difference in colors would be as determined by any reasonable professional in the print industry that is not standard for the equipment used (some color variation will occur throughout a run). Fixing the job will adhere to our terms of a replacement. Proofs are only considered valid if ordered before the job ran. If you are re-ordering a job and you ordered a proof for a previous run then the previous proof does not count as accurate. This is due to potential changes in equipment, atmospheric conditions such as humidity and equipment wear and tear that can affect color matching.

Disc Duplication

We duplicate the materials provided to us on a CD or DVD as selected on your order. You are responsible for the materials on the CD. We do not guarantee a check your materials for any errors. We are not responsible for any errors in data on your part. Audio files uploaded must be numbered and in a zip file. It is your responsibility to ensure that all tracks are properly ordered by number in the file names and that tracks are not missing. Uploaded tracks must be in a single zip archive. We add standard 2 second spacing to all CDs unless requested otherwise or CDs appear to have enough spacing between tracks. If we find any continuous tracks then we will remove all spacing. Please note that if spacing is critical, you must communicate it to us or send us a master disc. Master discs are not returned. Otherwise we do not guarantee the spacing provided on your tracks.

If you send us material that is a lower or higher quality than a 16 bit 44.1 dual channel stereo audio file, we are not responsible for the results. Our program will dither down 24 bit audio but it is not recommended. MP3 and WMA files are also not recommended.

CD-TEXT, UPC and ISRC data is only only duplicated if you provide the master disc with such data encoded. You must notify us if you need that recorded. Not all duplication systems will carry that information forward. We only guarantee CD-TEXT and ISRC if notified and provided with a master disc. All songs that are visible on I-Tunes and Windows Media Player are stored on an internet database. You must register your songs on the database through those programs for that information to be visible. Without ISRC encoded for each song, multiple CDs may show up. It is possible that even with ISRC data encoded multiple CDs can show up because it is a free use database. We are not responsible for any problems resulting in data on I-Tunes or Media Player for your music.

DVDs must have master discs sent to us. Master discs are not returned. We do not duplicate dual layer or blue ray DVDs, only standard 4.8 gb DVDs.
 
Returns and Refunds & Cancellations
Due to the custom nature of these orders refunds are not available on products. If you cancel and order you will be charged for all work performed and cost of materials. Our minimum charge is $15. Actual fees will be determined on a $60.00 per hour shop rate. We only offer free replacement if there is a problem that is our fault. If there is an error on our part rest assured we will resolve it. However we do not offer automatic free replacements on entire orders if there is a problem with part of the order. (E.g. if there is a problem with the front insert on the retail CD, we fix the front insert not replace all the CDs, case, back trays.) We do have very high quality standards, but things can go wrong and we do not pretend to be perfect. Though a mistake is very rare on our part, it can and does happen. We do not guarantee compatibility on all CDs players but guarantee the discs will be duplicated without C2, CU or any bad or damaged sector errors that are not in the master disc. We are not responsible for errors in your master and do not listen to it or otherwise scan it. You are responsible for checking your files and master disc for problems. You must send us a master disc for CD-Text to be duplicated. We do not guarantee CD-TEXT or other meta data. To be certain you should order a proof. We do not register CD track names with any agency or service. Errors we will fix include
  1. CD has C2 or CU errors due to disc defect (not handling or scratches.) 
  2. Printing has defects that are not found in artwork provided (does not include color match or any types of marks that are within equipment tolerances.) 
  3. Cut shifts beyond bleed causing bare paper to show.
  4. Cuts are off more than 2 mm.
  5. Folds are off more than 1.5 mm.
  6. Print shifts beyond 1.5 mm.
  7. Text or graphics inside of safety margin is cut.
  8. Artwork color have extreme difference from proof (proofs are an approximation.) 
  9. Incorrect CD is sent (artwork that is replaced by customer with our request during production is not guaranteed to be used; this is because original artwork could already have been printed when artwork is provided.)
  10. Music is not in order provided (tracks must be numbered) or tracks missing that are uploaded.

All errors must be determined by us to be valid for replacement. Customer is responsible for all return shipping to us. We will then return it at that same shipping that was originally ordered. We will not replace the entire order for free if only part of the product has a problem. If the entire product has a problem (inserts, bulk discs, not packages CDs with inserts) we will re-do and send the job immediately. If part of the order has a problem (e.g. the disc in a CD case) and you cannot wait for us to have it shipped back, we will replace and send the part of the product that has the problem. If we cannot determine the problem on our disc as reported, the customer is responsible for shipping the item to us.
 
Returns are not allowed for errors in any files submitted, errors in master discs, and incompatibility with some players, problems with artwork design performed by the customer or anything that is beyond our control. We are not responsible for errors in your artwork or for checking typos, playability of files or quality of sound or artwork. If you have text or image changes in your artwork when order is in process you must explicitly tell us you have changed text and or images. Depending on the time that changes are made they may not be accepted. In such case you may have to pay for re-print of artwork. If you have a correction in artwork after project is setup then a fee will apply for secondary setup. If we ask for corrections in artwork due to improper setup, and other artwork is included with changes not requested, those changes may not be included in the final product unless we are specifically notified of the change and are able to accept them. If we are able to correct improper setup in order to expedite your order we may not wait for your updated setup to meet your deadline. This is especially true on rush orders due to their rush nature. If there are concerns about the production of your product, it is your responsibility to order a physical proof and checking it before approving it for production. Color match is not guaranteed and not accepted for returns.
 
Provided Material
CD Poster Shop shall not be held liable and is not responsible to take any action, monetarily or otherwise, for any errors or defects that exist in material provided by the customer. All material provided by the customer is the customers responsibility to ensure the information is correct. All material must be delivered to us through upload to our site or via the mail. Tracking numbers are strongly encouraged. We do not accept files through email. We are not responsible for files that do not reach us. Any proofs received from the company are the responsibility of the customer approve. Production does not start until after proof is approved. If the customer approves a proof and later finds an error, that error is the responsibility of the customer. Proofs are not automatic. We do not return master discs or master artwork.

Stored Data
CD Poster Shop does make a good faith effort to keep all files stored for future orders for your convenience. In fact we have data on file for orders that are over 2 years old. In 95% of the cases all files are on hand, but this is not a guarantee. The time that we store these files is indefinite. In the event that data becomes destroyed, lost, corrupted or damaged in any way, you would have to re-supply files to us. We offer free uploading services to prevent unnecessary costs of sending or re-sending masters or media.  We are not responsible to compensate in any way for missing, destroyed, damaged, corrupted or otherwise unusable data or media that has been sent to us. CD Poster Shop is not a file management or back up service. The customer agrees that all files and/or media sent either in electronic or physical means becomes the property of CD Poster Shop. CD Poster Shop does not claim any ownership or rights to your intellectual property. For example, if you send a CD with your artwork or music, we do not own or have rights to your artwork or music. We can not and will not reproduce it without your permission. Our ownership only extends to holding, disposing or returning data sent to us at our sole discretion. If you request a copy of your files CD Poster Shop may send a copy if available for a fee of $20.00. Depending on the current production demands this can take up to 6 weeks for delivery. Please be sure to have multiple back ups of your data. When re-ordering a project, if you are on a tight schedule please make sure we still have all data needed. If it is critical please re-send the data as a safety precaution to ensure timely production of your order.

 
Damaged Product
All damages of product is resolved through a claim with the shipping carrier. If the carrier determines that the damage was caused from poor packaging, and we can confirm that the damage was caused by us and not the customer, the product will be replaced. The shipping of the damaged product and replacement to us will be paid by us. We will pay for shipping and production under the original terms of the order. Rush shipping or production is at the expense of the customer.
 
Compatibility
All CDs are burned and printed with industry leading equipment. We burn our CDs at 16x and use quality media that allows for the best result. While we follow all standards there is still a possibility that the CD or DVD recorded will not work on all players. The company does not guarantee compatibility with all CD and DVD players. The warranty does not cover compatibility. If a CD or DVD will not work on any player then the product is covered for warranty as there is a defect in manufacturing. This is true of all short run duplicated CDs and DVDs. It has been know that some replicated CDs or DVDs are not 100% compatible. This is true more so of older CD or DVD players. Any newer items are very unlikely to have any problems.

It is possible that some older DVD recorders can be damaged by some duplicated material. Although these are older and it is likely that if it could be damaged it already has. It is the responsibility of the person using the disc to know their CD and DVD player compatibility and if recordable media can damage the player. The company shall not be held liable and is not responsible to take any action, monetarily or otherwise, fix any damaged players or replace any discs that do not play in some players.

Replacement or refund of a CD or DVD is at the sole discretion of the company. If the product is replaced all shipping charged are the responsibility of the customer to the company. The company will pay for all shipping charges to return the product to the customer. If an error is found then errors in jobs are only subject to replacement of the product or refund upon return of the product and approval of CD Poster Shop. The warranty does not cover any lost income, actual or potential or any costs in involved with shipping, lost opportunities or other issues and expenses.

Free Sample
Our free sample does not have a guaranteed production time. We offer the free sample as a convenience for prospective customers to see the quality of our product. Our free sample is only available for the product and configuration of our choosing and only available with our artwork. Depending on availability it can take up to 7 business days before we ship out our free sample to you. Free shipping on our sample is is USPS first class mail. You can order samples with a faster shipping if you choose. Faster shipping selection does not affect the production time if we are out of samples. We manufacture batches of samples as internal orders. Single sample orders or a rush need for a sample do not affect the scheduling of this production time. If you find that you need to know faster, a proof can be ordered. Proofs are of your artwork and have a 2-4 business day production time. Production time on proofs and samples follow the same terms as production for all other orders.

Jurisdiction
This agreement shall be enforced under the laws of the State of Oregon in the County of Marion. The customer and company consent and submit to the jurisdiction of the state and federal courts of the State of Oregon, County of Marion. If any part of this agreement proves to be unenforceable by a court of law, such adjudication will in no way affect any other part of this agreement or the enforcement of the remainder of this agreement.
 
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CD Poster Shop. The collective work includes works that are licensed to CD Poster Shop. Copyright 2003, CD Poster Shop ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CD Poster Shop or purchasing CD Poster Shop products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CD Poster Shop or to purchase CD Poster Shop products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CD Poster Shop. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of CD Poster Shop used in the site are trademarks or registered trademarks of CD Poster Shop


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CD Poster Shop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CD Poster Shop does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CD Poster Shop does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
CD Poster Shop shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if CD Poster Shop has been advised of the possibility of such damages. Any communications separate from this agreement do not make this agreement invalid. This agreement is the final word in any disputes in regards to an order placed with CD Poster Shop.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a CD Poster Shop product is mistakenly listed at an incorrect price, CD Poster Shop reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CD Poster Shop reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CD Poster Shop shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CD Poster Shop without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
CD Poster Shop may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CD Poster Shop.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CD Poster Shop products) shall be in the state or federal courts located in Marion County, Oregon. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CD Poster Shop products) must be commenced within one (1) year after the claim or cause of action arises. CD Poster Shop's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CD Poster Shop may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CD Poster Shop or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
CD Poster Shop does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CD Poster Shop is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CD Poster Shop reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CD Poster Shop in its sole discretion.
 


Indemnification
You agree to indemnify, defend, and hold harmless CD Poster Shop, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, CD Poster Shop may link to sites operated by third parties. However, even if the third party is affiliated with CD Poster Shop, CD Poster Shop has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CD Poster Shop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CD Poster Shop seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).






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