Terms & Conditions

Introduction

Welcome to Crigital Media, Inc. By using Crigital Media (including Crigital Media.com and its related sites, services and tools), you agree to the following terms with Crigital Media Inc. and the general principles for the websites of our subsidiaries and affiliates. You should also read our Privacy Policy.

This Agreement is effective on September 29, 2011, for current users, and upon acceptance for new users. There were no previous amendments to this User Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THIS WEB-SITE'S TERMS & CONDITIONS AND APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.

Scope

Before you may become a member of Crigital Media, you must read and accept all of the terms in, and linked to, this User Agreement and the Crigital Media Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and <a href=”privacy.html”>Privacy</a> Policy will apply whenever you use Crigital Media sites or services, or when you use the tools we make available to interact with Crigital Media sites and services. If you use another Crigital Media site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Crigital Media sites and pages, may have products, services, tools that may have additional or other terms that we provide to you when you use those sites, products, services or tools.

Product and Services

• Crigital Media offers print and digital marketing products and services in 6 main categories.
• Marketing Plan and Ideas
• Graphic and Logo Design
• Print and Mailing
• Web Development
• Promotional Items
• Signs and Tradeshow Exhibits

Because of the broad scope of our product and service offering individual projects and/or items purchased may require contracts.  If no contract or agreement is require the terms of service list on this website govern activities.

Using Crigital Media

While using Crigital Media sites, services and tools, you will not:

• violate any laws, third party rights or copyright laws.
• use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Crigital Media;
• transfer your Crigital Media account (including feedback) and User ID to another party without our consent;
• distribute viruses or any other technologies that may harm Crigital Media, or the interests or property of Crigital Media users;
• export or re-export any Crigital Media tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the Crigital Media sites, service or tools or Crigital Media's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses.

• All PROJECTS 100% PAID UPFRONT  Payment in full must be received for all projects before Crigital can begin production. Additional charges must be paid at the time of occurrence of work or upon request for additional work by client.  Crigital accepts payment by check, money order, bank transfer, Paypal, Visa, and Mastercard.
• Billable hours are invoiced or charged at $75/hr in 15 minute increments.
• Mailing with us? A separate postage check must be received in full in addition to the project cost before your mailing project can be mailed.  Postage can not be paid with credit card. You will be notified of the cost of postage after your list is calculated by our mailing software and the printed piece has been weighed. Automated postage rates vary according to size, weight, and class.
• Special discount packages are considered one item and must be paid for in full before any projects can be started.  Individual projects can not be singled out and paid for ala carte. 
• For your convenience Crigital accepts Mastercard, Visa, Paypal, Check, and cash. 
• If you would like to apply for credit terms fill out a credit application with Crigital for consideration. Some credit is considered for corporate accounts with exceptional credit ratings. However, all applications are not awarded terms. Request an application form at info@crigitalmedia.com
• An Approval Check list link will be emailed to you with your design proof if available and specific check list of items to review. This online form acts as a guide that will lead you through a simple approval process. 
• Shipping for promotional items is invoiced separately after your items have shipped.  Shipping estimates may be requested prior to placing your order.

Abusing Crigital Media

Crigital Media and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Crigital Media sites, services or tools.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Customer Provided Content

For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to Crigital Media for inclusion in products or services we produce. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to Crigital Media you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Crigital Media and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Crigital Media in defending against such suit, demand or claim.

Crigital Media is not obligated to maintain Customer Content indefinitely. Customer Content uploaded to the Website or provided to Crigital via other means may be archived indefinitely with its associated order and at our sole discretion. However our commitment to archival of customer supplied files or materials or Crigital supplied files is limited to a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable or archived at our sole discretion. Please note that Customer Content uploaded to Crigital Media may be used to re-order the same or an additional project only at the sole discretion of Crigital Media.

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

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

Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, Crigital Media, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of Crigital Media.

Use of Design Tools

The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of Crigital Media (or the 3rd party provider or licensor if applicable) and will remain freely available to other Crigital Media customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with Crigital Media in or regarding such Site Content.

It is solely your responsibility to determine whether any design you may create using the design tools made available to you by Crigital Media, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.

This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of Crigital Media. These links are provided only as a convenience. Crigital Media does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by Crigital Media then you do so at your own risk.

General Uploaded Content Requirements
(some projects may require slightly different specification depending on the product or service.)

We strongly recommend that content uploaded to Crigital Media for print fulfillment is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Crigital Media does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Designed in CMYK and uploaded to Crigital Media in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted and Crigital Media is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).

Color Quality

Crigital Media guarantees that its products will meet CMYK, RGB or Web Safe industry standards as is appropriate to the product or service ordered. We cannot guarantee "match-color" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Crigital Media is not responsible for any color shift in converted photographs between industry standards listed above. Color shifts from a perceived gradation or color must be addressed prior to file submission. Proofs do not guarantee color or gradation. Please note that the application of UV or other treatments may have an effect upon or change the appearance of printed colors. Crigital Media is not liable for the final color appearance other than pleasing color that allows for a reasonable range of variance from order to order caused by but not limited to the nature of substraits, differences in ink and other chemicals, humidity, change of equipment used to produce and variety of production processes use to multiple products and services offered.

Production Turnaround Time

Crigital’s standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.

Turnaround times may or may not include shipping time. The estimated date you will receive your order is a combination of the requested or specified turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.

For your convenience, depending on the product ordered, Crigital offers a variety of different production turnaround times and are generally listed with product as part of the order process.  If there is no turnaround time listed with the product or service you must request a turnaround via verbal or email communication.  Crigital will do everything within its power to ensure turnaround times but can not be held liable for 3rd party delivery, client delays or other such circumstances beyond our control. Therefore, we do not guarantee delivery dates.

Over/Under Runs

Although we endeavor to ship the quantity ordered, Crigital Media reserves the right to ship within 10% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run. If an exact quantity is an absolute necessity please contact one of our customer service representatives.

Order Cancellation

An order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production a Crigital Media Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has entered into production or any process thereafter.

If any portion of the production or service process is delayed longer than 60 days due to the clients inability to provide approvals or content and materials required for completion the project will be considered canceled with no refund due.  If the client wishes to reopen the project there will be a fee to reinitiate the project.  The fee will be determined by the complexity of issue to continue.

In the event of the cancellation and only at the request of the client, Crigital will invoice or credit the clients account for the greater of either: (1) all work completed up to the date of notification, based upon the percentage of the project finished, including any and all expenses and time to bill the project; or (2) 30% of the agreed-upon estimate or paid amount including any and all expenses and time to bill the project.  Upon final payment or credit the contract shall be considered fulfilled by Crigital. All work will remain the property of Crigital. All payments already made will first be applied to these charges.

INTELLECTUAL PROPERTY

Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of Crigital Media and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of Crigital Media or of those parties from whom Crigital Media has licensed such property, and is protected by United States, international and other laws. Crigital Media reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. Crigital Media reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.

Trademarks. "Crigital Media" and respective designs and/or logos, are either trademarks or registered trademarks of Crigital Media and may not be copied, imitated or used, in whole or in part, without the prior written permission of Crigital Media. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade address of Crigital Media, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Crigital Media. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Crigital Media, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance -- without the prior written permission of Crigital Media is strictly prohibited.

Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on or through this Website is licensed to you by Crigital Media on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from Crigital Media. Crigital Media does and shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.

Specific to Web Development

NO WARRANTY
Crigital Media, Inc. websites are sold as workable sites at the time of completion with the exception of issues involving the clients ISP or any client side IT issues such as email software setups.  Completion is determined by the details of this contract.  Upon completion, the client may use, relocate and/or modify the website as desired with or without hiring Crigital Media, Inc.  However, such actions may cause issues to occur.

Due to constant changes among internet browsers, 3rd party scripts and other software such as but not limited to Microsoft products (i.e. Outlook) or action/changes initiated by the client, Crigital Media, Inc. offers no guarantee that any website code will work in response to such changes therefore, sites are sold WITHOUT ANY FUTURE WARRANTY; without even the implied warranty of FUTURE RELIABILITY or FITNESS FOR A PARTICULAR PURPOSE.

Crigital Media, Inc. is available to respond to future issues with code or other updates at a price of $75/hr. billed in 15 minute increments with a ½ hour minimum.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY

THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRIGITAL MEDIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. Crigital Media DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. CRIGITAL MEDIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. CRIGITAL MEDIA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF Crigital Media OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL CRIGITAL MEDIA, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT CRIGITAL MEDIA HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM CRIGITAL MEDIA (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

CRIGITAL MEDIA , TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO CRIGITAL MEDIA (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.

UNDER NO CIRCUMSTANCES WILL CRIGITAL MEDIA BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

Contacting us

If you have any questions about this Terms of Service, the practices of this site, or your dealings with this site, please contact us at:
Crigital Media, Inc.
http://www.crigitalmedia.com
Crigital Media, Inc. 1483 North Mt Juliet Road Ste 190 Mt. Juliet, TN 37122
615-754-9430
info@crigitalmedia.com

This document was last updated on September 28, 2011