Welcome to Ultradotmedia.com The Ultradotmedia.com website (the “Site”) is provided by Ultradotmedia.com, a division of Shears Litho Corporation. The mailing address for Ultradotmedia.com is 9928 Bell Ranch Drive, Santa Fe Springs, CA 90670. As used in these Terms and Conditions, the term "Site" refers to the Web site located at www.ultradotmedia.com as well as online services that include, but are not limited to, our E-mail newsletters, our archives, and live chat help.
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 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 Ultradotmedia.com.
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 Ultradotmedia.com 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.
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 Ultradotmedia.com 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. Ultradotmedia.com 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, Ultradotmedia.com 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 Ultradotmedia.com. 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. Ultradotmedia.com 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. Ultradotmedia.com's platform. Quotes are based on continuous and uninterrupted delivery of the complete order. If the
specifications state otherwise, Ultradotmedia.com will charge accordingly at current rates. Charges for delivery of materials and supplies from the client to Ultradotmedia.com, or from the client's representative to Ultradotmedia.com, 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. Ultradotmedia.com 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 Ultradotmedia.com. 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 Ultradotmedia.com 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. Ultradotmedia.com bears no responsibility for discrepancies between delivery tickets and actual counts. Client-supplied paper must be delivered according to specifications furnished by Ultradotmedia.com. 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 Ultradotmedia.com without alteration or repair. Items that do not meet this requirement may be repaired by the client or Ultradotmedia.com. 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. Ultradotmedia.com 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 Ultradotmeida.com, no claims or promises are made about Ultradotmedia.com'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 Ultradotmedia.com for all use of this work and for any derivation of ideas from it and compensation (if any) to be determined by the Ultradotmedia.com.
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 Ultradotmedia.com.
If requested, Ultradotmedia.com 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 Ultradotmedia.com, no additional work will be performed. Ultradotmedia.com 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 Ultradotmedia.com’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 Ultradotmedia's current rates.
Telecommunications Unless otherwise agreed, the client may pay for all transmission charges. Ultradotmedia.com 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 Ultradotmedia.com remain Ultradotmedia.com'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. Ultradotmedia.com 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 Ultradotmedia.com. 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 Ultradotmedia.com. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Client's Property Ultradotmedia.com will only maintain fire and extended coverage on property belonging to the client while the property is in Ultradotmedia.com's possession. Ultradotmedia.com'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 Ultradotmedia.com.
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 - FedEx 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. Ultradotmedia.com 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 Ultradotmedia.com 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 Ultradotmedia.com are Not Refundable.
Storage Ultradotmedia.com 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. Ultradotmedia.com is not liable for any loss or damage to stored material beyond what is recoverable by Ultradotmedia.com'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. Ultradotmedia.com 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 Ultradotmedia.com 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, Ultradotmedia.com has the right to hold and place a lien on all client property in Ultradotmedia.com'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:
Ultradotmedia.com Attn: Claims Dept 9928 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 Ultradotmedia.com will understand that the job has been accepted. By accepting the job, you acknowledge that Ultradotmedia.com's performance has fully satisfied all terms, conditions, and specifications. Ultradotmedia.com'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 Ultradotmedia.com 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 Ultradotmedia.com 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. Ultradotmedia.com 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 Ultradotmedia.com in all legal actions on these grounds as long as Ultradotmedia.com 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.
Disclaimer of Warranties THE ULTRADOTMEDIA.COM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ULTRADOTMEDIA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ULTRADOTMEDIA.COM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND USE.
ULTRADOTMEDIA.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ULTRADOTMEDIA.COM MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY PRODUCTS, OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH, OR ADVERTISED THROUGH THIS SITE.
Limitation of Liability UNDER NO CIRCUMSTANCES, SHALL THE SHEARS LITHO CORPORATION BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY SHEARS LITHO CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITIES OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Enforcement of Terms & Conditions BY ACCESSING AND USING THE ULTRADOTMEDIA.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELLS AS ALL APPLICABLE LAWS, AS THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY CALIFORNIA LAW WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS.
ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THIS SITE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS OF CALIFORNIA AND YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.