PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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.
Use of this Website
Your access to and use of this Site is subject to these Terms and
Conditions of Use. By accessing this Site "you" agree to be bound by these
Terms and Conditions of Use.
If you do not agree to (or cannot comply with) any of these Terms and
Conditions, do not use this Site.
The Dot Generator reserves the right, at its sole discretion, to
change, add or remove portions of this Terms of Use, at any time without
prior notice and such modifications will be effective immediately upon
being posted on this Site. Your use of this Site following any changes
constitutes your unconditional agreement to follow these rules and to be
bound by the Terms and Conditions as changed. For this reason, we
encourage you to review these Terms of Use whenever you use this Site.
The Content of this Site, and the Site as a whole, is intended solely
for personal, non commercial use, and may be used only as a shopping
resource. Any other use of this Site, including but not limited to the
modification, reproduction, distribution, republication, display or
transmission, performance, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from
the content of this Site, is strictly prohibited without prior written
permission from The Dot Generator.
Harassment in any manner or form on the Site, including via e-mail and
chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including an The Dot Generator employee, host, or
representative or 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, or which may constitute or encourage a criminal offense,
violate the rights of any party or otherwise give rise to liability or
violate any law.
On registration, all billing and registration information provided must
be truthful and accurate. Providing any untruthful or inaccurate
information may constitute a breach of these Terms of Use.
You are responsible for maintaining the confidentiality of your My
Account Information, including your password, and for all activity that
occurs under your account. You agree to notify The Dot Generator
immediately of any unauthorized use of your account or password, or any other
breach of security.
Site Security
You may not attempt to gain unauthorized access to the Site in anyway,
shape or form. Should you attempt to do so, assist others in making
such attempts, or distributing instructions, software or tools for that
purpose, your Account will be terminated.
Accuracy of Specifications
The information on this website may contain typographical errors or
inaccuracies and may not be complete or current. The Dot Generator
reserves the right, at our sole discretion, to correct any errors,
inaccuracies or omissions and to change or update information at any time without
prior notice (including after you have submitted your order). In the
event that an item is listed at an incorrect price or with incorrect
information, The Dot Generator may, at our discretion, either contact you
for instructions or cancel your order.
Product pricing displayed on the Site are “Web only” and is available
only for purchase on The Dot Generator. The prices displayed on the
Site are quoted in U.S. dollars and are valid and effective only in the
United States of America.
Quotations are based on the accuracy of the specifications provided.
The Dot Generator can requote a job at time of submission if copy, film,
tapes, disks, or other input materials do not conform to the
information on which the original quotation was based. Alterations and
Corrections include all work performed in addition to the original
specifications and may be billable. A quotation not accepted within 30 days may be
changed without noticed.
Unless otherwise specified, the price quoted is for a single shipment,
without storage, F.O.B. The Dot Generator's platform. Quotes are based
on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, The Dot Generator will charge
accordingly at current rates. Charges for delivery of materials and supplies
from the client to The Dot Generator, or from the client's
representative to The Dot Generator, are not included in quotations unless
specified. Title for finished work passes to you upon the delivery to the common
carrier at shipping point.
Order Acceptance
Your receipt of an electronic order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of our
offer to sell. The Dot Generator reserves the right, at our sole
discretion, to refuse or cancel any order for any reason. Acceptance of any
order shall not be effective until approved by The Dot Generator. Some
situations that may result in your order being cancelled include
limitations to produce the order, inaccuracies or errors in product pricing
information, or problems identified by our credit and fraud avoidance
department. We will contact you if all or any portion of your order is
cancelled, or if any additional verifications or information is required
before accepting your order. Acceptance by The Dot Generator may be
either by notification to client or by commencing to produce work on the
merchandise ordered. Cancelled order(s) require compensation for
incurred cost and related obligations.
Client-Furnished Materials
Materials furnished by you or your representative, is verified by
delivery tickets. The Dot Generator bears no responsibility for
discrepancies between delivery tickets and actual counts. Client-supplied paper
must be delivered according to specifications furnished by
The Dot Generator. These specifications will include correct weight, thickness, pick
resistance, and other technical requirements.
All and any artwork, film, color separations, special dies, tapes,
disks, or other materials that you furnish, must be usable by
The Dot Generator without alteration or repair. Items that do not meet this
requirement may be repaired by the client or The Dot Generator. Any
alterations, corrections and repairs for all work performed in addition to the
original specifications may be billable at the current rates.
Electronic Manuscript or Image
It is the client's responsibility to maintain a copy of the original
file. The Dot Generator is not responsible for accidental damage to media
that you supply for the accuracy of furnished input or final input.
Until digital input can be evaluated by The Dot Generator, no claims or
promises are made about The Dot Generator's ability to work with jobs
submitted in digital format, and no liability is assumed for problems
that may arise. Any additional translating, editing, or programming
needed to utilize client-supplied files may be billable.
Creative / Experimental Work
Creative, experimental or preliminary work performed at your request
may be billable. No use shall be made, except by written permission of
The Dot Generator for all use of this work and for any derivation of
ideas from it and compensation (if any) to be determined by the
The Dot Generator.
Proofs
A proof is used to simulate how the printed piece will look. 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 to be
expected. When variation of this kind occurs, it will be considered acceptable
performance and the proof becomes a contract between you and
The Dot Generator.
If requested, The Dot Generator will submit a proof for your review and
approval. Your Proof must be returned, signed, and marked “OK to
Print As Is," "Corrections needed (along with a written list detailing
corrections)" and/or "Revised Proof Required."
Until the Proof is returned and received by The Dot Generator, no
additional work will be performed. The Dot Generator will not be
responsible for undetected production errors if:
- You do not require a Proof
- The work is printed per your Approval or "OK to Print As Is"
- Requests for changes are communicated orally.
Press Proofs
Press proofs will not be furnished unless they have been required in
writing in The Dot Generator’s quotation. A press sheet can be submitted
for your approval as long as you are present at the press during
make-ready. Any press time lost or alterations/corrections made because of
this delay or change of mind will be charged at The Dot Generator's current
rates.
Telecommunications
Unless otherwise agreed, the client may pay for all transmission
charges. The Dot Generator is not responsible for any errors, omissions, or
extra costs resulting from faults in the transmission.
Preparatory Materials
Artwork, type, plates, negatives, positives, tapes, disks, and all
other items supplied by The Dot Generator remain The Dot Generator's
exclusive property.
Outside Purchases
Unless otherwise agreed in writing, all outside purchases as requested
or authorized by the client are chargeable.
Over-runs or Under-runs
Over-runs or under-runs will not exceed the percentage specified in the
contract. The Dot Generator will bill for actual quantity delivered
within this tolerance. If the client requires a guaranteed quantity,
the percentage of tolerance must be stated at the time of quotation.
Production Schedules
Production schedules will be established and followed by both the
client and The Dot Generator. There will be no liability or penalty for
delays due to state of war, riot, civil disorder, fire, strikes,
accidents, action of government or civil authority, acts of God, or other causes
beyond the control of The Dot Generator. In such cases, schedules
will be extended by an amount of time equal to delay incurred.
Client's Property
The Dot Generator will only maintain fire and extended coverage on
property belonging to the client while the property is in
The Dot Generator's possession. The Dot Generator's liability for this property will
not exceed the amount recoverable from the insurance. Additional
insurance coverage may be obtained if it is requested in writing, and if the
premium is paid to The Dot Generator.
Shipping
Shipments are processed through third party common carrier. We reserve
the right to change our third party common carrier or shipping method
at any time, at our discretion to comply with regulations or when, in
our judgment, the item(s) cannot be shipped safely by the method
specified. You are solely responsible for all shipping, handling, insurance,
taxes, duties, and import/export charges associated with your shipment.
Please note, once your Package(s) has left our premises, it is up to
our carrier to deliver the Package(s). It is at your option to
purchase shipping INSURANCE at the time of shipment, to protect yourself
for any LOST or DAMAGED Package(s) that may incur during shipping.
The Dot Generator will not refund or compensate for LOST or DAMAGED
Package(s) directly caused by shipping. If your Package(s) is DAMAGE,
please keep all packaging and product in its Original form and notify us
immediately. Although we take no responsibility on refund or compensation
caused by shipping, we will try our best to help you on claiming the
INSURANCE (if applicable.)
Package(s) shipped to an address other than the cardholder’s verified
billing address are subject to an additional $2.00 Signature
confirmation fee. Any shipping information provided to The Dot Generator whether
INACCURATE or NOT GIVEN (e.g. Ste/Apt #, Floor, City, and Zip Code)
will be charged an Additional $5.00 Fee per Package for Ground shipments &
$10.00 Fee per Package for 2nd Day & Next Day Air Package(s).
Shipping charges for orders sent to an Incorrect Addresses & Returned to
The Dot Generator are Not Refundable.
Storage
The Dot Generator will retain intermediate materials until the related
end product has been accepted by the client. If requested by the
client, intermediate materials will be stored for an additional period for
additional charge. The Dot Generator is not liable for any loss or
damage to stored material beyond what is recoverable by The Dot Generator's
fire and extended insurance coverage.
Taxes
You are responsible for paying any amounts due for governmental taxes
and assessments imposed on your purchases, including, but not limited
to, sales, use or value-added taxes. No tax exemption will be granted
unless you provide an "Exemption Certificate" (or other official proof of
exemption) with your order. The Dot Generator shall automatically
charge and withhold any applicable sales and use tax for orders to be
delivered to addresses within California and any other states or localities
that it deems is required. If, after an order has been paid, and it
is determined that more tax is due, then you must promptly remit the
required taxes to the taxing authority, or immediately reimburse
The Dot Generator for any additional taxes paid.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must be at least
18 years of age. At the time your order is placed, all payments must
be made in full via VISA, MasterCard, or American Express. Unless
expressly set forth on the Site, we do not accept any other form of
payment. If we accept any other form of payment, you hereby agree to all
restrictions, terms and conditions associated with such additional form of
payment. Prior to the purchase of any goods or services on our Site,
you must first provide us with a valid credit card number and related
payment information including all of the following: (a) Your Name as it
appears on your card, (b) Your Credit Card Account Number, (c) Credit
Card Type, (d) The Expiration Date, and (e) Security Numbers or Codes
necessary to charge your card. By submitting this information and
confirming your purchase at the end of the check out process, you hereby
authorize and agree to accept and pay for the item(s) requested. All sales
of products and services are final. All charges from those sales are
nonrefundable.
As security for payment of any sum due under the terms of an agreement,
The Dot Generator has the right to hold and place a lien on all client
property in The Dot Generator's possession. This right applies even
if credit has been extended, notes have been accepted, trade acceptances
have been made, or payment has been guaranteed. If payment is not
made, the client is liable for all collection costs that incurs.
Returns & Refunds
As each product is specifically custom printed to order, and retains no
resale value, "All Sales are Final." No Refunds or Credits will be
issued.
Claims for manufacturing defects, damages, or shortages must be made in
writing no later than 6 Business days after delivery to:
The Dot Generator
Attn: Claims Dept
9918 Bell Ranch Drive
Santa Fe Springs, CA 90670
(Products with manufacturing damages and defects must be returned, in
its entirety to the address above.)
You are responsible for related shipping charges and insurance on
returned items. If no such claim is made, you and The Dot Generator will
understand that the job has been accepted. By accepting the job, you
acknowledge that The Dot Generator's performance has fully satisfied all
terms, conditions, and specifications. The Dot Generator's liability
will be limited to the quoted selling price of defective goods, without
additional charge for special or consequential damage or as specified.
Indemnification
You agree to defend, indemnify and hold harmless The Dot Generator and
its affiliates from any claims, damages, costs and expenses, including
attorney’s fees, actions and proceedings on any grounds, economic loss
and any other harmful consequences that could arise from or related to
your use of the Site. This will apply regardless of responsibility for
negligence.
Copyright
You are responsible for all images uploaded to our Site. You warrant
that the subject matter to be printed is not copyrighted by a third
party and that you have the legal right to copy and display each image that
you upload, share or print. You also warrant and 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. You further warrant that no copyright
notice has been removed from any material used in preparing the
subject matter for reproduction. You should assume that all text, graphics
and images that you find on the World Wide Web are subject to a
copyright. It is a violation of federal law to copy text, graphics or images
that are subject to a copyright and use the copyrighted material on
custom products created using this service without the consent of the owner
of the copyright. Before copying any text, graphics or images, you
must confirm that it is in the public domain and not subject to a
copyright or obtain the consent of the owner of the copyright to use the
material. You authorize The Dot Generator to cooperate with copyright owners
who claim that you have infringed or may infringe their intellectual
property rights. This cooperation includes, but is not limited to
taking the following action without notice: disclosing your material and any
other information you have disclosed to us to the copyright owner or
its agent and destroying all alleged infringing material.
The Dot Generator may also suspend or terminate your account if it appears to be
infringing any Intellectual Property, and may take further appropriate
action.
Personal or economic rights
You warrant that the work does not contain anything that is libelous or
scandalous, or anything that threatens anyone's right to privacy or
other personal or economic rights. At your sole expense, promptly and
thoroughly defend The Dot Generator in all legal actions on these grounds
as long as The Dot Generator promptly notifies the client of the legal
action and gives the client reasonable time to undertake and conduct a
defense. The client reserves the right to use his or her sole
discretion in refusing to print anything he or she deems illegal, libelous,
scandalous, improper, or infringing upon copyright law.
Termination
These Terms of Use are effective unless and until terminated by either
you or The Dot Generator. You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site.
The Dot Generator may also terminate that Agreement at any time and may do so
immediate without notice, and accordingly deny you access to the Site,
if in The Dot Generator’s sole discretion you fail to comply with any
term or provision of this Agreement. Upon termination of the Agreement
by either you or The Dot Generator, you must promptly destroy all
materials downloaded or otherwise obtained from this Site, as well as copies
of such materials, whether made under the Terms of Use or otherwise.
The Dot Generator’s right to any comments shall survive any termination
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 The Dot Generator. The collective work includes works that are licensed to The Dot Generator. Copyright 2003, The Dot Generator 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 The Dot Generator or purchasing The Dot Generator 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 The Dot Generator or to purchase The Dot Generator 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 The Dot Generator. 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 The Dot Generator used in the site are trademarks or registered trademarks of The Dot Generator
Typographical Errors
In the event that a The Dot Generator product is mistakenly listed at an incorrect price, The Dot Generator reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Dot Generator 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, The Dot Generator shall issue a credit to your credit card account in the amount of the incorrect price.
Notice
The Dot Generator 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 The Dot Generator.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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 The Dot Generator products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Dot Generator products) must be commenced within one (1) year after the claim or cause of action arises. The Dot Generator'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. The Dot Generator 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 The Dot Generator 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
The Dot Generator 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, The Dot Generator 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, The Dot Generator 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 The Dot Generator in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Dot Generator, 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, The Dot Generator may link to sites operated by third parties. However, even if the third party is affiliated with The Dot Generator, The Dot Generator has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Dot Generator. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Dot Generator 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).
