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JAVA JITTER PRINT INCORPORATED - TERMS AND CONDITIONS

Last Updated: March 14, 2011

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. By accessing or using JavaJitterPrint.com (known from hereon as “Site”) you agree to be bound by these Terms of Use and all Applicable Laws. Java Jitter Print Inc. reserves the right to alter, modify, or rephrase these terms and conditions without notice. Your continued use of this Site is and shall be deemed to be your agreement to be bound by any such additions, alterations or modifications. Any amendments to these Terms of Use shall be effective and binding immediately following the posting of such changes on our Site and you are responsible to review these Terms of Use on each visit to the Site. Java Jitter Print Inc., in its sole discretion, may choose to notify you of amendments to its Site Terms of Use via additional means such as e-mail as well as posting the changes to this Site. This, however, does not constitute an agreement of any kind by Java Jitter Print Inc. that it will do so in the future. The posting of such additions, alterations or modifications to this Site declares the Terms and Conditions active following the posting.

If you do not agree to be bound by this Site’s Terms of Use and all Applicable Laws, or if you do not have the authority to agree to or accept these Terms and Conditions, you may not use this Site. If you choose to withdraw your consent to and agreement to be bound to Terms of Use, you must notify Java Jitter Print Inc. in writing immediately with your signature to withdraw consent and immediately discontinue your use of your account and this Site. Once your written letter of withdraw has been received and notarized, your account will be deactivated and you and will no longer be eligible to use this Site or order further products or services from Java Jitter Print Inc. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.

 

SITE USE

This Site contains artworks, documents, and program software (referred to hereon as “Content”). You are granted permission to access this Site and its Content for the sole purpose of ordering products or services solely through Java Jitter Print Inc. This Site and all Content are the copyrighted property of Java Jitter Print Inc. and/or its affiliated parties from whom Java Jitter Print Inc. has licensed such property. All rights in this Site and its Content are reserved by Java Jitter Print Inc. It is strictly prohibited to copy and distribute any portion of the Content. Any other use of the Content in any ways modified, except as expressly allowed in these Terms of Use is neither authorized nor permitted.

You agree to use this Site with full compliance to these Terms of Use and in accordance with your local laws and regulations. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials (referred to hereon as “Product”) you incorporate into your artwork. You warrant that your Product do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Product. By placing an order on this Site, you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Java Jitter Print Inc. and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Java Jitter Print Inc. in defending against such suit, demand or claim

You agree that you will not send, upload, post or otherwise transmit to Java Jitter Print Inc. any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States or Canada; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, Trojans, malware, or other harmful or malicious computer code, or that in any other way would interfere with or disrupt the services and/or production of Java Jitter Print Inc. and/or or any servers or networks connected to or used in connection with the delivery of such service and production.

You acknowledge that Java Jitter Print Inc. does not pre-screen Customer Content, but that Java Jitter Print Inc. reserves the right to do so at any time and that Java Jitter Print Inc. and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that Java Jitter Print Inc. may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Java Jitter Print Inc., its employees, users and the public in general.

 

REGISTRATION

When you register, you agree to provide accurate and current information about yourself and/or your company. You also agree to update and maintain your account information so that it remains accurate and current.

As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to keep your password private. You are responsible for all activities that occur under your account. If you believe your account has been compromised in any way you should immediately change your account password. You agree that you will immediately notify Java Jitter Print Inc. in the event you become aware of any unauthorized use of your user account.

Java Jitter Print Inc. reserves the right, without notice and in its sole discretion, to terminate your right to use this Site for any reason or no reason at all, and to block or prevent future access to and use of this Site by you in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms of Use. In the event your right to use this website is terminated, these Site Terms of Use shall still apply.

Any comments or suggestions provided to Java Jitter Print Inc. in connection with the operation or content of this Site shall be provided by the submitter and received by Java Jitter Print Inc. on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Java Jitter Print Inc. By submitting any such information to Java Jitter Print Inc., you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Java Jitter Print Inc. shall be free to use such information on an unrestricted basis.

 

ELECTRONIC COMMUNICATION

Your use of this Site constitutes your agreement and consent that Java Jitter Print Inc. may communicate with you electronically for all purposes. Electronic Communication is essential for notifying you of updates regarding your account with Java Jitter Print Inc. This notification may include order updates, promotions, or administrative requirements. You may choose which form of Electronic Communications you want to receive but notifications that are essential to complete an order are mandatory. You may choose to withdraw your consent to receive Electronic Communication entirely, however, if you withdraw your consent it will only be effective on orders following your notification to withdraw consent. Your account will be deactivated and you will no longer be eligible to use this Site to order further products or services from Java Jitter Print Inc. If your account is deactivated, you will remain responsible for payment of print jobs already competed or in production.

This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

 

ORDERING PROCESS

(i) Place Order

Browse through our website and select from the many products we have to offer.  Place your product in your basket for when you are ready to proceed with payment.

(ii) Payment

All prices and dollar amounts on this Site are in Canadian dollars. Java Jitter Print Inc. presently accepts the following credit cards: VISA, MasterCard, and American Express. We reserve the right to stop accepting credit cards from one or more issuers.

In order for you to register with and order products and services from Java Jitter Print Inc. it is necessary that you to provide and keep on file a valid credit card in which you are authorized to use. By submitting a credit card number to Java Jitter Print Inc. you are warranting that the credit card information you provide is valid and that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid such as being expired or that you are no longer have authorization to use the card, you will immediately provide another credit card number that is valid and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Java Jitter Print Inc. customer service representative if extended processing is required to complete your transaction request through our Site. This may affect your estimated delivery date.

Unless Java Jitter Print Inc. agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Java Jitter Print Inc. or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Java Jitter Print Inc. will not assume that previously provided credit card information is not valid. If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.

In the event that Java Jitter Print Inc. and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby consent that Java Jitter Print Inc. may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

(III) Upload File

We strongly recommend that contents uploaded to Java Jitter Print Inc. follow the guidelines necessary for smooth print runs. For full details on the guidelines please review the FAQ section on this Site. The following guidelines were extracted for your convenience on common questions concerning file upload.

(iV) Order Approval/ Proofing

Java Jitter Print Inc. has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a Java Jitter Print Inc. customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that Java Jitter Print Inc. will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Java Jitter Print Inc. does not make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. Java Jitter Print Inc. will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

Once a proof has been sent, then your job will not be processed or deemed production ready until you have approved the proof via electronic communication. Please be aware that delay on accepting the proof may impact the job turnaround time.

(V) Turnaround Time

Java Jitter Print Inc.’s standard turnaround time is dependent on the product ordered and will be charged for standard turnaround time for the relevant Product. Turnaround times do not include shipping time. The estimated time of arrival is a combination of the selected turnaround time and shipping time. Once the production turnaround time has been completed, the Product is immediately packaged for shipping. Shipping time is based upon the estimated time of arrival assessed by the UPS shipping courier. All Products will be shipped via UPS or otherwise a different shipping method has been agreed upon by you and Java Jitter Print Inc.

Once your order is placed your turnaround time cannot be changed and billing charges will not be reversed. Java Jitter Print Inc. currently offer one production turnaround time however shipping time varies depending on the availability of shipping couriers. Turnaround times for jobs that Java Jitter Print Inc. does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.

You agree that once your order has been shipped, you warrant and defend Java Jitter Print Inc. from any liability that may lead to the delay, damage, or missing orders while in the possession of shipping company. You also warrant that all contact and mailing details necessary for delivery of Product has been submitted with current and accurate information. Java Jitter Print Inc. will not be deemed liable or responsible for reimbursing loss profits endured on Products that are delayed, damaged, or missing while in possession of shipping company.

(a) Production Turnaround Time

All print jobs require a minimum 7-10 business days turnaround time for printing and must meet the cut-off time. The cut-off time is next business day at 12:00 pm PST.

(b) Shipping Turnaround Time

UPS Ground is 1-5 business day from when the date your order is shipped (time vary depending on destination)

UPS Expedited service is a 2-3 business day service with an end of the business day commitment

UPS Express service is a 1-2 business day service with a morning delivery commitment

 

PROMOTIONS, SPECIAL OFFERS AND DISCOUNTS

Java Jitter Print Inc. may offer promotions and special offers via a Coupon Code or Email Coupon Code. These Coupon Codes are one-time use only and are for registered Java Jitter Print Inc. account holders. Each Coupon Code will have different requirements and rewards these requirements must be met in order to receive or take advantage of the promotion or special offer. Promotions and special offers may be limited to certain account holders depending on the level of order activity. Not all products are eligible for promotions and special offers

The Coupon Code must be entered in the applicable field when placing an order. If a Coupon Code does not function when entered, it means the product at issue does not qualify or the Coupon Code may be expired. A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by Java Jitter Print Inc. Coupon Codes may not be used in conjunction with the purchase of products sold by or under the brands of third parties (including, Java Jitter Print Inc. affiliates and/or Sites linked to any existing Java Jitter Print Inc. website).

Coupon Codes are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted. Coupon Codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount. If a promotion or special offer is for a defined amount (e.g. $10.00 off) and applies to a multiple- item order (e.g., multiple sets of business cards), it will be allocated to each eligible item based on the proportion of the item's value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.

Coupon Codes will not be retroactively applied against orders already placed with Java Jitter Print Inc. If a Coupon Code is used and the entire order is cancelled or rejected, or if you return all items in the order then, subject to the terms of our Returns/Refund/Reprint Policy, you will be refunded only the actual amount paid. The coupon code will no longer be valid. If only part of your order is cancelled or rejected, or if you return only some of the items in your order, then subject to the terms of our Returns/Refund/Reprint Policy, the relevant discount or promotion will be applied to the item(s) that are kept. The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially cancelled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.

Java Jitter Print Inc. reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.

 

ORDER CANCELLATION

A print order can only be cancelled at prior to it entering into production. If you cancel an order prior to it entering into production, Java Jitter Print Inc. will reimburse the balance of the cancelled order back to the customer’s credit card or credited to the customer’s account for future orders. A print order cannot be cancelled and no refund will be given once it has entered into production or any process thereafter. All cancellations must emailed to Java Jitter Print with your order number prior to your order being put into production. Please check your order status in My Account to confirm your order status. Once your order status is in "Printing", you will not be able to cancel your order.

 

RETURNS/REFUND/REPRINT POLICY

Java Jitter Print Inc. reserves the right to update and revise this Returns/Refund/Reprint Policy without notice to reflect changes in our policies and/ or services. When we do make changes to this policy we will revise the "last updated" date at the top of this Policy. Please make sure that you review it frequently as any time you place an order with Java Jitter Print Inc. the current Returns/Refund/Reprint Policy will apply.

If you believe your print job is defective or has not otherwise met your requirements please contact Java Jitter Print Inc., IN WRITING via the online support system, within five (5) business days of receiving your order. If you do not contact us within five (5) business days we will assume that your print has met your requirements and will be under no obligation to provide a refund or reprint. Once you have submitted your “Written” argument, we will then have five (5) business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your argument. If we request additional information to verify an argument and it is not provided within a reasonable time, we will be under no obligation to provide a refund or reprint. If we determined that a product is in fact defective or has not otherwise met our obligations, one of the following two resolutions will be offered: (i) we will reprint the print job with rush production, or (ii) we will refund/ credit the original order price.

Java Jitter Print Inc. reserves the right to request samples of any allegedly defective merchandise prior to either of the above resolutions being agreed to.

A Customer Service Representative will generally contact you within 24-48 hours of us making the determination that a reprint or refund is appropriate in order to confirm the approved solution. If you do not make contact with our representative within five (5) business days of their first attempt to contact you with the approved solution we will assume that the issue has been otherwise resolved and no reprint or refund/credit will be given. Once the approved solution is agreed then, unless we agree otherwise, you must return the entire original print order to us, at the address provided by our Customer Service Representative, within 15 calendar days after the date the solution is approved. If you do not return it within this period you agree that the original order will be charged against your credit card on file with Java Jitter Print Inc.

A refund/credit or reprint will only be possible after an approved solution has been authorized and, unless we agree otherwise, provided that the entire original print order has been returned to us. When applicable, a refund will be issued within 10 business days of our receipt of the original product order.

Java Jitter Print Inc. is not responsible for any 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 Java Jitter Print Inc. has been advised of the possibility of such damages), resulting from the order.

The following are some guidelines and examples of issues that do not constitute grounds for a refund, or a return or reprint of a product:

Violation of Shipping Procedures

(i) An order that is refused at time of delivery or undeliverable orders. (We will reship the product at the customer's expense if requested).

(ii) An event that production and/or shipping has been delayed, lost, or returned or incurs a higher production and/or shipping fees as a result of inaccurate information provided by the customer

(iii) The release of an order by the shipper without obtaining a signature.

(iv) Product that is delayed in production and/or shipping as a result of shipping company delays due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, and any other circumstances that are beyond our direct control.

Violation of File Upload

(i) Product that has experienced a color shift during the conversion to CMYK format, for example as a result of having been submitted by the customer in RGB or PMS Pantone colors.

(ii) Errors that are contained in the uploaded customer file, e.g., misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, and finished product size

(iii) Product that experiences print or images that are fuzzy, pixilated or otherwise distorted as a result of the customer providing artwork that is not at a minimum of 300 DPI at 1:1 ratio (or 100%) and/or in CMYK mode.

(iv) Products that do not exactly match color or ink density. Java Jitter Print Inc. does not color match or match customer specified ink density.

(v) An inability to print or write on the product, unless the product description states otherwise

(vi) Orders that are duplicated as a result of customer error.

(vii) Orders that are cancelled after the order has entered into production (or any process thereafter).

(viii) Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended. It is a customer’s responsibility to allow sufficient time when placing an order for time sensitive materials.

Violation of Terms of Use

(i) A customer’s violation of any of the terms and conditions governing the use of Java Jitter Print Inc.’s Site and/or ordering of product.

(ii) Viruses, worms, Trojan horses and other forms of harmful or malicious code that are not detected or removed using Java Jitter Print Inc.‘s standard virus/malicious code detection procedures.

(iii) Loss, corruption of, or damage to your personal information, Customer Content, order history or related information that is stored by Java Jitter Print Inc.

(iv) Our failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice.

(v) Please note that Java Jitter Print Inc.’s provision of advice, assistance or guidance either on this Site or via our Customer Service Representatives does not constitute an acceptance of responsibility or liability for any problems that may arise in connection with any print order or services provided.

 

PRIVACY POLICY

To order products from Java Jitter Print Inc. it will be necessary for you to provide certain personal data or other information to this Site via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for Java Jitter Print Inc. to guarantee absolute confidentiality or security. The information Java Jitter Print Inc. collects and how it collects that information is the subject to Java Jitter Print Inc.’s Privacy Policy.

 

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY

This Site and the Contents, Products, and Services offered directly from Java Jitter Print Inc. or indirectly by affiliated parties are provided on an “As Is” basis without warranties of any kind, either expressed or implied. Java Jitter Print Inc. disclaims any warrants that the Site and the Contents, Products, and Services and Other Materials provided on this Site are reliable, accurate, complete, current and error-free. Java Jitter Print Inc. will also disclaim any warrant that products and services will meet the client’s requirement or will be provided in a timely, uninterrupted or secure manner.

Under no conditions will Java Jitter Print Inc. be liable for Site contents you may be exposed to that you mind offensive, indecent or objectionable. Java Jitter Print Inc. is not liable and disclaims any warrants from typographical errors or omissions relating to pricing, text, or images. Java Jitter Print Inc. will also disclaim any warrant that this Site or its affiliated parties and/ or Server(s) from being free of viruses, Trojans, malware, or other harmful or malicious components. By using this Site you agree that all contents, data, or software distributed by, downloaded or accessed from or through this Site is at your own risk.

Java Jitter Print Inc., or its shareholders, directors, officers, employees, agents or affiliates be liable (jointly or separately) to any person or entity for any special, incidental, direct or indirect, consequential, or punitive damages of any kind or nature, under any legal theory, including damages resulting from loss of use, loss of profits and/or loss of data, whether in an action of contract or tort (including but not limited to negligence), and whether or not Java Jitter Print Inc. has been advised of possible damages arising from or in connection with: (i) The use or performance of this Site (ii) Errors or faults in the information, site content, services, products or materials contained in or offered through this Site (iii) The use of information, site content, services, products or materials provided through this Site (iv) The inability to use this Site, any part of this Site, or any function offered by the Site (v) A failure to provide products or services ordered from Java Jitter Print Inc. (or any affiliates thereof) for any reason including any lost, corrupted or damaged customer data shipments (vi) Mistake, omission, delay, or interruption of service, and/or (vii) Contamination by virus, Trojan, or malware of any kind.

Java Jitter Print Inc., together with its shareholders, directors, officers, employees, agents or affiliates shall not be responsible for any direct or indirect damages, and shall not provide any credit, refund, or adjustment of any kind or nature that is in excess of the amount actually paid to Java Jitter Print Inc., (excluding all discounts, special offers, and/or shipping cost) for the printed products at issue.

You agree that you shall indemnify, defend and protect Java Jitter Print Inc., and its shareholders, directors, officers, employees, agents or affiliates against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from Java Jitter Print Inc., that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Site, your use thereof, and/or the products and services ordered through this Site.

 

GOVERNING LAW

All contents, products and services on this Site are provided by Java Jitter Print Inc., a limited company registered in the Province of British Columbia and is in accordance to the regulations governing business practices within both Provincial and Federal Jurisdictions. By accessing or using this Site you agree to be bound by the Terms & Conditions and accept all Applicable Laws that is governed in the Provincial Court of British Columbia or Federal Court of Canada. All matters concerning the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America and/or Canada. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in the Provincial Jurisdiction of British Columbia, Canada. You agree to submit to the jurisdiction of courts sitting in British Columbia, Canada and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Java Jitter Print Inc. that a court sitting in British Columbia is an inconvenient forum for such legal action or proceeding.