Terms and Conditions

PurpleMonkeyPrinting.com, a Minnesota corporation

I.  GENERAL TERMS AND CONDITIONS APPLICABLE TO ANY USE OF PURPLEMONKEY.COM WEBSITE

Acceptance of Terms of Use

Please read these Terms and Conditions carefully. These Terms and Conditions govern the access and use of the PurpleMonkeyPrinting.com website (this "Site"). By accessing this Site a User ("User" "You" "Your") agrees to and is bound by these Terms and Conditions and any additional guidelines, restrictions or rules posted at any time on this Site.

PurpleMonkeyPrinting.com reserves the right to make changes to the Site and Terms and Conditions at any time without prior notice. User should review the Terms and Conditions each time User accesses the Site.

You also agree that we may provide all legal communications and notices to You electronically by posting them on this Site or, by our choice, sending an email to the email address provided at the time of registration at this Site.

Limitation of Liability

In no event shall PurpleMonkeyPrinting.com, or its licensors, suppliers, or vendors, their officers, directors, employees, or agents (collectively "PurpleMonkeyPrinting.com") be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not PurpleMonkeyPrinting.com  has been advised of possibility of the damage, arising out of or in connection with the use or performance of the Site or of failure to provide products or services that You order from PurpleMonkeyPrinting.com or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service.  In no event shall PurpleMonkeyPrinting.com be liable or responsible for any damages or consequences arising from or related to Your inappropriate or unauthorized use of the Site or its content.

Disclaimer of Warranty

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THIS SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Privacy

You confirm that You have read, understood and agree to the PurpleMonkeyPrinting.com Privacy Policy, which is incorporated herein, and agree that the terms of that policy are reasonable and satisfactory to You, or the party You are representing. You consent to the use of personal information by PurpleMonkeyPrinting.com, its third-party providers, and/or distributors in accordance with the terms set forth in the Privacy Policy.

Office Hours

Our office hours are 9:00 AM ’Äì 6:00 PM EST Monday ’Äì Friday and 6:00 AM ’Äì 3:00 PM PST Monday ’Äì Friday.

Governing Law

The internal laws of the State of Minnesota shall govern the fulfillment of these Terms and Conditions. You consent to the exclusive jurisdiction and venue of the State of Minnesota for all disputes arising from, or relating to, the Terms and Conditions and use of this Site.

User Comments, Feedback and Submissions

All comments, feedback, submissions and ideas disclosed in connection with use of the Site will become and remain the exclusive property of PurpleMonkeyPrinting.com. Comments may be used in any medium for any purpose worldwide without obtaining Your specific consent. PurpleMonkeyPrinting.com has no obligation to maintain Your comments, respond to Your comments or pay any compensation to You for comments, feedback, submissions, ideas or any such intellectual property submitted. You agree You will be solely responsible for the content of any comments, feedback and submissions You make.

Copyright and Intellectual Property

You acknowledge that all content of this Site including but not limited to the information, data, software, photographs, typefaces, graphics, images, illustrations, designs, icons, written copy and other materials (collectively, "Content") are, unless otherwise designated, the intellectual property and copyrighted works of PurpleMonkeyPrinting.com or its third party vendors. Any reproduction or storage of Content gathered from this Site, in all forms of media, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

If You provide PurpleMonkeyPrinting.com with any text, images, designs, or other content for incorporation into a project, either directly or through your account ("User Content"), You unconditionally guarantee that You have all appropriate and necessary right and authority to use such text, images, designs, or other content and that Your use will not infringe any trademark, copyright, or other right of any other party.

Use Restriction

You agree to use this Site solely to make legitimate and intentional requests to purchase products and services offered (collectively, "Requests"), and that You will not use this Site to make any false, fraudulent, or speculative Requests. You may not use any automated or computerized means of placing Requests through this Site unless permitted by PurpleMonkeyPrinting.com. The User represents that User is of sufficient legal age and authority to establish binding legal obligations for any liability that may be incurred as a result of User's use of this Site.

It is a violation of law to place a Request in a false name or with an invalid credit card. Fraudulent Users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print hard-copy sections of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including duplication for a purpose other than that noted above without the written consent of PurpleMonkeyPrinting.com is prohibited.

Proprietary Rights

User Content.  PurpleMonkeyPrinting.com does not claim ownership of User Content and PurpleMonkeyPrinting.com acknowledges and agrees that, subject to the terms and conditions of this Agreement including, without limitation PurpleMonkeyPrinting.com's rights to limited use of User's project as hereinafter set forth, User will retain any and all applicable copyright and other intellectual property rights in any User Content.

Software Licenses.  User hereby agrees and acknowledges that the PurpleMonkeyPrinting.com's Online Store and any software used in connection with the Online Store (the "Software") contain proprietary and confidential information of PurpleMonkeyPrinting.com and/or its licensors that is protected by applicable copyright, trade secrets, trademarks, and other intellectual property and other laws. No reproduction, distribution, or transmission of the proprietary materials of the Online Store or the Software is permitted without the express written consent of PurpleMonkeyPrinting.com. Any rights not expressly granted herein are reserved.

On the condition that User complies with all of its obligations under this Agreement, PurpleMonkeyPrinting.com grants User a non-exclusive, revocable, non-transferable, limited license to use the Software for the sole purpose of operating and using the Online Store to the extent provided for herein. User may not sub-license or charge others to use or access the Software. The Software is owned by PurpleMonkeyPrinting.com and/or its licensors and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from, redistribution or retransmission of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of PurpleMonkeyPrinting.com and its licensors and are protected by trade secret laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. USER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER EXCEPT AS AND SOLELY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW NOTWITHSTANDING THIS PROVISION.

Provided Designs, Artwork and other Content.  As part of the Online Store, PurpleMonkeyPrinting.com may provide User access to and use of graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and similar design and graphical content (collectively, "Design Content"). Design Content may be accessed by User for the sole purpose of creating, operating and using the Online Store. User acknowledges and agrees that PurpleMonkeyPrinting.com and/or its licensors own all legal right, title and interest in and to Design Content, including any intellectual property rights. All rights in Design Content are reserved worldwide and PurpleMonkeyPrinting.com reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Design Content. It is strictly prohibited for User or any other third-party to use, modify, retain, copy, distribute, transmit, publish, prepare derivative works of, or use any portion of the Design Content except as expressly allowed in this Agreement for the sole purpose of creating, operating and using the Online Store during the term of the User's Account. User, and not PurpleMonkeyPrinting.com, is entirely responsible for its use of Design Content on the Online Store and for its combination with any other information or User Content. PurpleMonkeyPrinting.com is providing Design Content to User only as a convenience, and the inclusion of such content does not imply endorsement by PurpleMonkeyPrinting.com of such content. PurpleMonkeyPrinting.com reserves the right to add to, delete from, modify or remove completely any part of the Design Content at any time without prior notice, but PurpleMonkeyPrinting.com is not responsible or liable for any failure or delay in doing so.

Project Approval

Creative Services: Unless otherwise stated herein, initial Content concepts are expected to be shipped to You within 7 business days of Your initial order, provided all User Content and information needed from You is completed and received. Content will be delivered via e-mail in PDF format. You will then have 30 days in which to request up to 2 free revisions. After 2 free revisions or 30 days, whichever comes first, revisions will be billed at an hourly rate of $30.00 an hour. If the e-mail address You provide is not valid or is filtered by your e-mail system, PurpleMonkeyPrinting.com will not be liable for any missed deadlines and will not make refunds for delayed projects.

Printing Services: Content will be viewable in web preview format and must be approved online prior to completing your transaction.

II.  TERMS AND CONDITIONS APPLICABLE TO PRINTING SERVICES.

In addition to the foregoing General Terms and Conditions, if You use the Site to obtain Printing Services, You agree to the following Terms and Conditions.

Customer Content

You agree that all Content is the sole responsibility of the person from which the Content originated.

You acknowledge and agree not use Content for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You acknowledge that PurpleMonkeyPrinting.com and its affiliates have the right, but not the obligation, in their sole discretion to remove any Content, including User Content, which, in the sole judgment of PurpleMonkeyPrinting.com violates these Terms and Conditions or may be objectionable. You further acknowledge and agree that PurpleMonkeyPrinting.com may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary.

Transfer of Title

You understand and agree to the shipping terms of FOB shipping point, which means ownership transfers once we deliver any printed products to PurpleMonkeyPrinting.com's shipping carrier.

Indemnification

You agree that You will indemnify and defend PurpleMonkeyPrinting.com and all parties from who PurpleMonkeyPrinting.com has licensed portions of  Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) Your breach of these terms of use; or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material You incorporated into Content that was not part of the standard Site Content.

Order Approval

Please review Your order prior to submitting. You are fully responsible for final proof and layout approval prior to the printing process.

PurpleMonkeyPrinting.com is not responsible for errors in the final product caused by the any of the following reasons:
Misspelling, Graphics, Bleeds, Grammatical, Damaged Fonts or Improper Punctuation.

Order Cancellation

PurpleMonkeyPrinting.com will assist You in cancellation of an order prior to Your approval. Our customer service team will notify You of any cancellation charges based on the stage of the ordering process. Please allow 10 business days for refunds to be credited to Your account.

Orders may not be cancelled or refunded once they have started production or any process thereafter. No refunds will be issued once an order has entered the plating phase of production or any process thereafter, including but not limited to printing, coating, finishing and binding.

No refunds will be issued for graphic design services once an order has been successfully placed (after 24 hours).

PurpleMonkeyPrinting.com is not responsible for duplicate orders placed via our website due to Customer error.

All cancellations must be complete through the PurpleMonkeyPrinting.com Site. Requests to cancel made via telephone or mail will not be processed. If You cannot located the "Cancel Job" button in Your User account, the order has gone into production and cannot be cancelled.

Returns/Refunds

Customers must notify PurpleMonkeyPrinting.com within 7 business days of order acceptance to notify any defects or problems discovered in the ordered product or the claim will be denied.  In order to receive replacement, customer must return 100% of the received product within 15 business days (at their own expense) from the time when the ordered product was delivered.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including orders returned for any reason.

Turnarounds

Next Business Day Turnaround: All jobs in by 10:00 AM CT will be ready the next day by 6:30 PM.  Problem jobs or jobs that require proofs will not be eligible for Next Business Day Turnaround. Standard Turnaround: Orders placed after 1:00 PM EST with a turnaround of 2-4, 5-7, or 7-9 business days will not count as part of the Standard Turnaround. If the turnaround time is not specified at the time of order, Your order will be considered 5-7 days and You will be charged accordingly. Please note that the billing charges will not be reversed.

Order Shipping and Delivery

PurpleMonkeyPrinting.com will endeavor to ensure that production difficulties do not delay delivery schedules. In the unfortunate event that there is a delay in delivery, PurpleMonkeyPrinting.com shall not be liable for consequences or damages resulting from the delay in shipment or delivery.

You agree that PurpleMonkeyPrinting.com IS NOT responsible for shipping delays caused by weather conditions, shipping company delays, international customs issues or any other circumstance beyond PurpleMonkeyPrinting.com's reasonable control. Shipment and delivery dates are estimates based on information provided by third-party affiliates.

PurpleMonkeyPrinting.com will endeavor to ensure that delivery schedules are met. However, unexpected equipment failure, malfunction and other such technical problems may delay the shipping process. In the event of a delay caused by technical or equipment difficulty, rush charges and fees will be refunded or waived where applicable. The aforementioned problems will not be grounds for cancellation of an order.

PurpleMonkeyPrinting.com can only use its own shipping accounts and will not use customer-provided shipping account numbers for any type of delivery or courier service. Only orders with whole quantities can be shipped; a customer cannot split a quantity for delivery. PurpleMonkeyPrinting.com does not ship to P.O. Boxes.

Shipping Errors and Lost Packages

Lost or damaged package claims can be submitted for shipments over $75.00 in value and must be done within 20 days of package shipment.  PurpleMonkeyPrinting.com is not responsible for third-party shipment errors, omissions or damages.

Customer Supplied Incorrect Address

In the event that a package is not delivered to the correct address due to an error made by the Customer submitting the wrong address, PurpleMonkeyPrinting.com will reship the package to the correct address (resubmitted by the customer) and charge an additional fee for the shipment.

Customer Submitted Artwork or Graphics

Artwork, designs and images must be submitted in a CMYK color format. PurpleMonkeyPrinting.com is not responsible for any changes or shifts in color that result from converting RGB to CMYK or PMS Pantone to CMYK color format.

Artwork, designs and images must be submitted in a minimum of 300 DPI. PurpleMonkeyPrinting.com is not responsible for images that appear distorted, grainy or pixelated due to Customer submitted artwork.

III.  TERMS AND CONDITIONS APPLICABLE TO CREATIVE SERVICES.

In addition to the foregoing Terms and Conditions, if You use the Site to obtain Creative Services, You agree to the following Terms and Conditions.

General Terms Applicable to PurpleMonkeyPrinting.com Creative Services

Acceptance and Cancellation   

Creative Services projects may be cancelled within 7 days of the initial Content being completed by PurpleMonkeyPrinting.com and placed in Your PurpleMonkeyPrinting.com account. If You do not cancel Your Creative Services project within such 7 day period, You will be deemed to have accepted such Content, and all amounts paid or payable by You for the Creative Services project will be nonrefundable.

Additional Customer Requirements

Delays

All delivery times are estimates only, and PurpleMonkeyPrinting.com is not responsible for any late Creative Services projects and/or impact to Customer's business due to a late project and/or printing. PurpleMonkeyPrinting.com advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.

Terms Applicable to Logo Design Services

If Your Creative Services project involves the development of a logo design, You acknowledge and agree to the following:

Terms Applicable to Stock Images and Graphics

PurpleMonkeyPrinting.com's Creative Services Department may use stock images and graphics in a project that require royalty compensation. In the event that a User or any other company, business or other entity wishes to use the User's Design Content containing the stock images and/or designs, it is the responsibility and liability of the User or other company, business or other entity to pay the compensation for use of the image and/or design. User agrees to indemnify and hold PurpleMonkeyPrinting.com harmless from and against any claims, damages, losses and costs, including attorneys' fees, incurred in connection with the incorporation into User's Design Content of stock images, stock designs and other Content for which royalties and/or any other type of compensation is required to be paid to a third party.


Privacy Policy
APPLICABLE TO ALL USERS OF PURPLEMONKEYPRINTING.COM
 
PurpleMonkeyPrinting.com is committed to preserving the confidentiality of our Customers. We do not share, sell or otherwise disclose information about our clients and customers to any other party except as required to process and ship purchases to specified locations. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING OUR SITE AND THE RELATED SERVICES PROVIDED BY PURPLEMONKEYPRINTING.COM, YOU SIGNIFY YOUR AGREEMENT TO THIS POLICY.

Information Collection

PurpleMonkeyPrinting.com is the sole owner of the information collected on PurpleMonkeyPrinting.com. PurpleMonkeyPrinting.com collects information from Users to improve the customer experience. Specific information will only be shared with third-party affiliates as it pertains to their task such as Shipping Name and Address to third-party shipping or courier service.

Registration

In order to use the PurpleMonkeyPrinting.com's Online Store, a User must first complete the registration form. During registration a User is required to give a name and email address. We use this information to contact the User about our services regardless if they have or have not placed an order.

Order

When a User is in the process of ordering, we request more information. A User is required to provide contact information including name, email and shipping address. Users are also required to submit financial information such as credit card number and expiration date for credit authorization and to finalize a User's order. In the event that PurpleMonkeyPrinting.com has difficulty processing an order, the provided information is used to contact the User.

Cookies

A cookie is a small text file stored on a User's computer by a web browser. It contains bits of information such as User preferences, shopping cart contents and identifies a User for a server-based session.

PurpleMonkeyPrinting.com utilizes cookies to uniquely identify Users, connect User files with orders and to enable certain features of the Online Store. Cookies must be enabled through Your web browser to use the Online Store. Although it is not recommended, cookies can be removed by following the help directions on Your web browser.

Communications from the Site

Special Offers and Updates:
Registered Users will receive information on products, services and special deals on an occasional basis. For the privacy of our Users we offer the option to not receive these forms of communications. If You do not wish to receive future emails, send an email to remove@PurpleMonkeyPrinting.com.

Legal Disclaimer

PurpleMonkeyPrinting.com makes every effort to protect the privacy of our Users. PurpleMonkeyPrinting.com may need to disclose personal information when required by the law if we have a good-faith belief that such action is necessary to comply with judicial proceedings, a court order or legal process served on the Site.

Third Party Intermediaries

PurpleMonkeyPrinting.com uses outside shipping and courier companies, and a credit card processing company to bill Users for purchases. These companies represent to PurpleMonkeyPrinting.com that they do not retain, share, store or use personal information for any additional purposes.

Business Transitions

If PurpleMonkeyPrinting.com should enter into a business transition, including but not limited to, a merger, acquisition by another company, or sale of assets, User's personal information will be part of the assets transferred in most cases. If the User's personal information is to be used in a different manner than stated at the time of collection, User will be notified immediately of the changes. 

Choice/Opt-out

Users who no longer wish to receive our newsletter and promotional communications can opt-out of these communications by sending an email entitled "Unsubscribe" to the address remove@PurpleMonkeyPrinting.com.

Users will still receive essential communications to fulfill order and provide customer service. A User may not opt-out of these communications because they are a part of the service being provided.

Links

The PurpleMonkeyPrinting.com Site may contain links to other sites. Please be aware that these sites have separate privacy policies and PurpleMonkeyPrinting.com has no responsibility for the content of linked sites. This privacy policy applies solely and explicitly to the PurpleMonkeyPrinting.com Site and not to any other website.

Supplementation of Information

Notification of Changes
If PurpleMonkeyPrinting.com decides to change the Privacy Policy, those changes will be posted in the Privacy Policy accessible from the homepage and wherever else we deem appropriate. The Privacy Policy will continue to detail what information is collected, how it is used and under what circumstances it is disclosed.

If User's personal information is to be used in a different manner than stated when the information is collected, PurpleMonkeyPrinting.com will notify the User of the changes via email. If a User has opted out of communication with PurpleMonkeyPrinting.com or deleted/deactivated their account, User will not be contacted of the changes nor will their personal information be used in this new manner.