Terms & Conditions
Welcome to Smartpress.com (“Smartpress”). The Smartpress website (“Site”) is provided by The Bernard Group, Inc. (“TBG”) as a service to our online customers.
Please review the following Terms and Condition governing your use of the Smartpress Site. Please note that your use of the Smartpress Site constitutes your agreement (“Agreement”) to follow and be bound by these Terms and Conditions. If you violate these Terms and Conditions, we reserve the right to deny you access to the Site, together with any and all other legal remedies.
CONDITIONS OF USE
- Warranty and Refund Policy
If you find a defect in your job that is our responsibility, we will re-run the order at no additional cost to you. To receive the replacement, please notify us within 30 days of receipt of the delivered order and provide us with verification of the problem. We reserve the right to deny replacements if you notify us more than 30 days after delivery. We are not responsible for any errors that are beyond our control. This includes errors caused by you, delays caused by third-parties, including common carriers, and flaws inherent in the electronic-image-to-print process.
If we verify that we caused a defect, we will re-run the order with an expedited turnaround time and expedited shipping. If, in our judgment, it will not be possible to achieve a good outcome by replacing the order, we may choose to refund all or part of the original cost of the order. If your job was printed as ordered but you are nevertheless unsatisfied, you may return your order for a full refund. In this case, we will require that you pay for return shipping.
- Price and Payment
All prices and amounts shown on the Site are in U.S. Dollars (USD), unless otherwise noted. Upon submitting an order for processing, you agree that we may charge your credit card on file for all charges, taxes, and shipping/handling fees applicable to your order. We require that every order be fully paid before we accept an order for processing.
Once you have approved a proof we will begin processing your order. We do not allow any changes to artwork, job characteristics, or printing turnaround time after you have approved a proof. We are not responsible for delays caused by your failure or delay in approving a proof.
While we try to ensure accuracy, we reserve the right to correct any errors in pricing, promotions, or descriptions, and to correct, cancel or refuse to accept any order based on an incorrect price, inaccurate applications of promotions codes or other inaccurate descriptions.
- Proofs, Approvals, and Color Accuracy
After we have received your print file upload, we will provide you with an online, electronic proof for your approval. Please be advised that an online electronic proof is not a perfect color reproduction of your printed piece. Electronic proofs cannot show color changes resulting from the conversion of RGB (Red-Green-Blue) or Pantone spot colors to digital CMYK (Cyan-Magenta-Yellow-Key/Black) and cannot show transparency or overprint issues.
We recommend hard-copy proofs for color-critical art. This is particularly true if your job is to be printed on uncoated paper, because the substrate/paper and the density of the ink can affect color and appearance.
We will make every effort to match colors in production when a hard copy proof is requested. However, it is your responsibility to determine if you need a hard copy proof with their print order.
You may request a hard-copy proof for an additional fee. The time to produce and deliver a hard-copy proof will vary depending on the product you order. We will not send any job to press, whether it is based on an electronic proof or a hard copy proof, without your express approval of the proof. It is your responsibility to log in to your Smartpress Site account and approve your proof. We are not responsible for delays in the order caused by your failure or delay in approving a proof.
Smartpress will reproduce colors from your submitted print-ready electronic files as closely as possible. Every computer screen renders color differently. An electronic proof therefore cannot match the color or density of a printed piece. Even different programs on the same computer can render color differently. Our Smartpress design and print professionals will match the color as closely as possible. However, only a limited number of RGB and Pantone colors can be matched perfectly in the CMYK digital printing process. Furthermore, application of UV or other coatings may effect or change the appearance of the printed colors.
By placing an order with Smartpress you agree to these limitations. We are not responsible for color variations in the electronic proofing process. If color is critical, it is your obligation to order a hard-copy proof. A hard-copy proof takes additional time and will very accurately represent your color and the ultimate printed product.
- Printing Turnaround Time
Printing turnaround time begins when you approve your proof. Smartpress is not responsible for any delay caused by your failure or delay in approving a proof.
Turnaround time always begins at the first occurrence of 9:00AM Central following proof approval. For example, if you approve the proof on a job at 8:50AM Central, the job will go into production that same day. If you approve the proof at 9:10AM, the job will go into production the NEXT business day.
Please note that Smartpress is closed Saturdays, Sundays and Holidays. These days are not considered when calculating turnaround time.
We fulfill our turnaround guarantee obligations when we place your order in the hands of a common carrier. We do not guarantee turnaround times for ground shipping orders. We aren’t responsible for delays caused by a common carrier.
If we fail to meet a guaranteed deadline, you will receive a pro-rated refund of any rush charges or a free upgrade of delivery service to meet your required delivery date. Cancellation of an order based on printing turnaround time is only allowed if you indicate that the order must be shipped by the selected turnaround time in the order notes.
Smartpress is not responsible for any of the following errors in a final product:
- Spelling, grammar, or punctuation
- Incorrect graphics or design elements
- Low resolution images or photographs
- Color transparency issues
- Damaged fonts
- Overprints (printing one color on top of another or “trapping”)
Smartpress is also not responsible for improper file setup, such as:
- crop marks
- finished product size
- die lines
- page alignment
- page orientation
Smartpress does not make any changes to design elements in the digital print file without prior customer approval.
- Artwork Ownership
Our prepress department reviews all submitted artwork files before printing. You, however, remain responsible for the accuracy of your print-ready artwork files. We encourage you to proofread all files carefully before submitting them to Smartpress.
By submitting the artwork to Smartpress, you certify that you have the right to use the image(s) in your artwork files. If you do not own the copyright on the art you submit, you certify that you have received permission to use the art from the owner or copyright holder. You certify that submitted artwork does not violate any intellectual property rights held by another individual or corporation. If you submit artwork owned by someone else to Smartpress, you agree to indemnify and hold Smartpress harmless from any and all damages and claims resulting from your order.
People sometimes share content containing nudity for reasons such as awareness campaigns or artistic projects. We restrict the display of nudity because some of our employees or customers may be sensitive to this type of content. Although our content decisions may sometimes appear unduly restrictive, please trust that we restrict shared content only for legitimate purposes. If we restrict something you submit, we are not judging you or your art, we are only trying to be sensitive to all of our customers and employees. We are always working to get better at evaluating content and enforcing our standards.
If you have questions or comments about something we have restricted, please contact: email@example.com.
You accept full legal liability for the content of material processed and printed on your behalf and according to your instructions.
- Sales Taxes
We charge sales tax on orders shipped to Minnesota, New York and California. If you are a tax-exempt entity and wish to avoid being charged sales tax, you must provide us with your tax exemption certificate prior to the processing of your order.
- Shipping and Risk of Loss
When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up. For example, a product shipped “2nd Day” and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary between carriers, and Smartpress assumes no responsibility for delays caused by common carriers. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, weather, etc.
Smartpress’s responsibility is limited to preparing your printing order and submitting it to the carrier for shipping. Smartpress is not liable for damages that occur in shipping.
All risk of loss for damage or delay to your order passes from Smartpress when we deliver your order to a common carrier.
We cannot ship to P.O. Boxes or APO/FPO.
- Mailing Services
Your mailing list(s) are your exclusive property. We will not utilize your mailing list for any purpose other than fulfilling your order. We do not retail, sell, resell, or market any customer’s mailing list.
All mailing service delivery dates are estimates, not guarantees. Smartpress’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Smartpress’s responsibility ends when the job is delivered to the Chanhassen, Minnesota, post office. In no event is Smartpress responsible for performance failures or delivery delays caused by the USPS.
If Smartpress causes an error in your mailing services, we will correct and re-mail the job as soon as possible. Our liability for a mailing service error is limited to the cost of the job. In no event is Smartpress liable for any loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
- Smartpress Property and Work Product
All content and software included in or made available through the Smartpress Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of Smartpress. Smartpress Site content is protected by United States and international property and copyright laws.
All materials we develop or create in producing your printed product are the property of Smartpress. We will not re-sell or re-market your printed products or use them in any advertising or promotional material without your prior written consent. We do, however, we reserve the right to distribute free samples of any printed product.
Smartpress has included sample images on certain pages within the Site to demonstrate the capability of certain cameras and other products. You may download, reprint, and manipulate the sample images for this purpose, but you may not crop or change the composition of the image, or use the image for any commercial purpose.
If you post content or submit material to Smartpress, you grant Smartpress a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smartpress the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smartpress for all claims resulting from content you supply. Smartpress has the right but not the obligation to monitor and edit or remove any activity or content. Smartpress takes no responsibility and assumes no liability for any content posted by you or any third party.
All comments, communications, ideas, feedback, and suggestions that you submit to Smartpress are the exclusive property of Smartpress. Although we are grateful for information that helps us better serve our customers, you are not entitled to any compensation for any idea or suggestion that we may use.
- Your Account
You are responsible for maintaining the confidentiality of your Smartpress account and password and for restricting unauthorized access to your computer and account. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Smartpress only with involvement of a parent or guardian. Smartpress reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. If you fail to adequately secure your Smartpress account and a third party uses your account to cause damage to Smartpress or someone else, you agree to indemnify Smartpress and hold Smartpress harmless from all damages that result from the security breach.
- Code of Conduct
You may only use the Site to make legitimate requests to purchase the products or services offered. You agree to not use the Site for any illegal, speculative, false, or fraudulent purpose. You may not use robots or other automated means to access this Site.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its content. You agree not to add to, subtract from, or otherwise modify Site content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your account information in order to keep it current, complete, and accurate.
We reserve the right to restrict or remove any and all uses or content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to other Smartpress customers, or to any third party.
The following non-exhaustive list details the kinds of conduct or activity we prohibit:
- The upload, download, or transmission of any content that would violate, or would facilitate the violation of, any applicable law, regulation, or Smartpress rule or policy
- The upload, download, or transmission of any content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets
- The upload, download, or transmission of any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
- The upload, download, or transmission of any harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
- The upload, download, or transmission of any content offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes)
- The upload, download, or transmission of any domain names, URLs, or hyperlinks
- The use of the Site for commercial purposes such as advertising, promotion, solicitation, or other illegal or illicit activities.
- The impersonation of any person or entity or forging of any e-mail communication or any part of a message
Fraudulent users may be prosecuted to the fullest extent of the law.
By using the Smartpress Site and signing into a Smarpress account, you consent to Smartpress’ use of your personal information. Smartpress will not sell, market, or disclose to unrelated third parties any identifying active data (your name, e-mail address, etc.) that you input into the Site. By using the Smartpress Site, you consent to our collection of passive data regarding your use and behavior, including but not limited to: your IP address, details regarding the device you use to navigate the Site, your geographic location, the specific Smartpress Site pages you visited and your activity and choices while on the Smartpress Site.
- Limited License
If you create a Smartpress account and become a Smartpress user, Smartpress grants you a limited, revocable, non-exclusive, non-transferable, and non-sub licensable license to use Smartpress. This license does not include: any resale or commercial use of any Smartpress or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Smartpress or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Smartpress and its affiliates. No part of the Smartpress Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smartpress.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless Smartpress, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or its Content, or any violation by you of this Agreement.
- Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement and has been reproduced on Smartpress Site please follow the requirements below and submit your complaint to the following email address: firstname.lastname@example.org.
Any infringement complaint must include the following information:
- Your address, telephone number, and e-mail address;
- Documentary evidence that the alleged copyright owner actually owns a copyright on the allegedly infringing material;
- If you are an agent acting on behalf of a copyright owner, documentary evidence of your agency relationship, including a physical signature of the copyright owner authorizing you to act on his or her behalf;
- A description and/or photo of the copyrighted work that you claim has been infringed upon;
- A description of the Smartpress Site location of the material that you claim is infringing;
- An affidavit, declaration, or other sworn statement from you that the alleged infringement is not authorized or abetted by the copyright owner, its agent, or the law; and
- An affidavit, declaration, or other sworn statement from you that the information in your complaint is true and accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We will provide a substantive response to your copyright complaint after you have followed the foregoing requirements and responded to our initial communication to you.
- Links to Third-Party Websites
GENERAL TERMS AND CONDITIONS
- Copyright Notice
You acknowledge that all content included on the Smartpress Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are the intellectual property and/or copyrighted works of Smartpress and its contractors and affiliates. Reproductions or storage content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to United States and International property laws, including but not limited to the United States Copyright Act.
Smartpress.com, Smartpress, and any and all other marks appearing on this Site are trademarks of The Bernard Group, Inc. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify any Smartpress trademark in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without The Bernard Group’s prior written consent.
The use of Smartpress trademarks on any other website or network computer environment is prohibited. We prohibit the use of Smartpress trademarks as a “hot” link on, or to, any other website unless The Bernard Group expressly authorizes the link.
- Use of Smartpress Software.
You may use Smartpress software, including but not limited to its propriety Collaterate™ software platform (“Smartpress Software”), solely for purposes of enabling you to use and enjoy the Smartpress Site. You may not incorporate any portion of any Smartpress Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Smartpress Software or otherwise assign any rights to the Smartpress Software in whole or in part. You may not use the Smartpress Software for any illegal purpose. We may cease providing any Smartpress Software and we may terminate your right to use any Smartpress Software at any time. Your rights to use the Smartpress Software will automatically terminate without notice from us if you fail to comply with any of these Terms and Conditions or any part of this Agreement. All Site software is the property of Smartpress or its software suppliers and is protected by United States and international copyright laws. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Smartpress Software, whether in whole or in part, or create any derivative works from or of the Smartpress Software.
- Disclaimer of Warranties
SMARTPRESS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SMARTPRESS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SMARTPRESS.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SMARTPRESS.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTPRESS.COM — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, R FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SMARTPRESS.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Entire Agreement/Modification/No Waiver.
These Terms and Conditions constitute the entire Agreement between you and Smartpress relating to the subject matter hereof and your use of the Site. This Agreement supersedes any prior understandings or agreements (whether oral or written). Smartpress reserves the right to amend or modify these Terms and Conditions at any time. No conduct by Smartpress shall be deemed a waiver of Smartpress’s legal rights and will not waive or bar any subsequent action for breach or violation of this Agreement.
- Enforcement/Choice of Law/Venue.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement. Any and all disputes relating to this Agreement, your use of the Site or any other Smartpress website, are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. You agree that Minnesota state courts shall have exclusive jurisdiction over any dispute between you and Smartpress and its affiliates.