Terms and Policies
Effective Date: January 1, 2007
- Parties. The parties to this Agreement are you, and the owner and operator
of this web site: fortheglory.biz ("For the Glory"). All references to "we",
"us", "this web site" or "this site" shall be construed to mean For the Glory.
- Modification of Terms of Use. For the Glory may change these terms and
conditions of use at any time, without prior notice. If you access or use this
site after For the Glory posts a change, you accept that change. You
should check these Terms of Use periodically for modifications by referencing
the Effective Date posted above.
- License. For the Glory grants you a limited non-exclusive,
non-transferable, and revocable license to access and use the public areas of
this site; provided, however, that you do not modify this site, its content,
or any copyright or other proprietary notices. This license terminates
automatically if you breach any of these Terms of Use. Unauthorized use of
this site or any content may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and statutes.
- Restrictions. Except as expressly authorized herein or in any separate
written agreement signed by the parties or separate agreement originating from
this site, you may not copy, modify, distribute, download, display, transfer,
post, or transmit this site or its content in any form without For the Glory
prior written permission.
- Prohibited Activities. The following activities are also expressly
prohibited without For the Glory prior written permission: use of any robot,
spider, other automatic device, or manual process to monitor or copy this site
or any of its content; "mirroring" this site or any content on any other
server; collection or use of product listings, descriptions, or prices for a
supplier of competitive or comparable products; and any action that imposes an
unreasonable or disproportionately large load on this site or otherwise
interferes with its functioning.
- Transmitting To This Site. Except for information that is subject to the
For the Glory Privacy Policy, and except as you may otherwise agree in a
separate agreement originating from this site in "click-wrapped" format, For
the Glory will not treat information you transmit to this site as confidential
or proprietary. By sending information to For the Glory through this site (by
transmitting or otherwise), you agree that For the Glory may use that
information, subject only to the For the Glory Privacy Policy, and except as
may be provided in any other separate agreement originating from this site in
"click-wrapped" format. You may not transmit any threatening, defamatory,
sexually graphic, inflammatory, profane, or other inappropriate material. For
the Glory has no obligation to monitor email or transmission to this site;
however, For the Glory reserves the right to review such email or transmission
and to remove any material that, in its judgment, is not appropriate.
- Separate Agreement(s) For Products, Services And/Or Content. You may
acquire products, services and/or content from this site. Your purchase and
use of such products, services and/or content will be governed by these Terms
of Use and/or by any separate written agreement signed by the parties and/or
separate agreement originating from this site.
- Ownership. The material provided on this site is protected by law,
including, but not limited to, United States copyright law and international
treaties. The copyright in the content of this site is owned by For the Glory
and/or others. Except for the limited rights granted above, all other rights
are reserved. All trademarks are the property of their respective owners.
- Accuracy of Information and Disclaimer of Warranty. For the Glory has made
every effort to present the content on this site accurately, but additions,
deletions and changes may occur. Except as may be provided in any separate
agreements originating from this site, products, services, and/or content on
this site are provided “as is”, and neither For the Glory nor its
representatives make any representation or warranty with respect to such
products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE
WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM
THIS SITE, For the Glory AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS
SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE.
- Limitation of Liability. Under no circumstances will For the Glory or its
affiliates have any liability with respect to any claims or damages (whether
direct or indirect, special, incidental, consequential or punitive) as a
result of your access or use of (or inability to access or use) this site or
its content, even if they have been advised of the possibility of such
damages. You access and use this site at your own risk.
- Links to This Site. For the Glory grants you a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of this site so long
as the link does not portray For the Glory or its products or services in a
false, misleading, derogatory, or offensive matter. You may not use the For
the Glory logo, For the Glory trademark, or For the Glory’s name or
trademarks, or other proprietary graphic in the link without the prior written
permission of For the Glory.
- Links to Third Party Web Sites. For the Glory does not review or control
third party Web sites that link to or from this site, is not responsible for
their content, and does not represent that their content is accurate or
appropriate. Your use of such third party site is on your own initiative and
at your own risk and may be subject to the other sites’ terms of use.
- Participation In Promotions Of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting
their products, services or content on this site ("Advertisers"). Any such
correspondence or participation, including the delivery of and the payment for
products, services or content, are solely between you and each Advertiser.
- Consumer Rights Information; Tennessee Civil Code. Pricing information is
posted as part of the ordering page(s) for this site. For the Glory maintains
specific contact information including an email address for notifications of
complaints and for inquiries regarding pricing policies in accordance with
Tennessee Civil Code. All correspondence should be addressed to For the
Glory's agent for notice at the following address:
Notification of
Consumer Rights Complaint or Pricing Inquiry: Department of Commerce &
Insurance 500 James Robertson Parkway Davy Crockett Tower Nashville -
Tennessee 37243-0565 615-741-2241 You may contact with complaints and
inquiries regarding pricing and we will investigate those matters and respond
to the inquiries.
- Arbitration. Except for actions to protect intellectual property rights
and to enforce an arbitrator’s decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement or a
breach thereof shall be submitted to and finally resolved by arbitration under
the rules of the American Arbitration Association (“AAA”) then in effect.
There shall be one arbitrator, and such arbitrator shall be chosen by mutual
agreement of the parties in accordance with AAA rules. The arbitration shall
take place in Greenville, South Carolina, and may be conducted by telephone or
online. The arbitrator shall apply the laws of the State of Tennessee, USA to
all issues in dispute. The controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The findings of the arbitrator shall
be final and binding on the parties, and may be entered in any court of
competent jurisdiction for enforcement. Enforcements of any award or judgment
shall be governed by the United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards. Should either party file an action
contrary to this provision, the other party may recover attorney's fees and
costs up to $1000.00.
- Controlling Law. This Agreement shall be construed under the laws of the
State of Tennessee, USA, excluding rules regarding conflicts of law. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
- Force Majeure. We shall not be liable for damages for any delay or failure
of delivery arising out of causes beyond their reasonable control and without
their fault or negligence, including, but not limited to, Acts of God, acts of
civil or military authority, fires, riots, wars, embargoes, Internet
disruptions or communications failures.
- Privacy. Please review this site's Privacy Policy which also governs your
visit to this site.
POLICIES Effective Date: January 1,
2007
Thank you for visiting fortheglory.biz – your source for women's
garments on the web! When using fortheglory.biz, please be advised that you
agree to be subject to the Policies for use, as follows:
Artwork
Files
fortheglory.biz does not retain any original electronic artwork, film,
plates or proofs after a customer order has been shipped. Artwork will be
archived for the convenience of the customer for easy
reordering.
The customer is responsible for retaining copies of all
artwork sent to fortheglory.biz. All artwork received from the customer is
deemed a copy and may be discarded after a proof has been made.
fortheglory.biz will not accept hard-copy (non-electronic) artwork or
originals from any source. If you elect to send a hard-copy (non-electronic)
artwork as an aid in preparing your proof it will not over ride the proof sent
to you from fortheglory.biz. The policy of Orders consistent with approved
proof under Refunds will still be in effect.
fortheglory.biz
requires that new artwork be issued on all reorders and reprints that For the
Glory was unable to locate. fortheglory.biz will take no responsibility for
any hardship or loss of the files. This reorder is strictly a convenience
benefit to the customer.
Cancellation Policy
Cancellation Fee Due to the labor-intensive and custom
nature of graphics files as they are processed with a printing order,
fortheglory.biz will charge a non-refundable Cancellation Fee
of a minimum of $39.50 for all canceled orders. If, for any reason,
you cancel your order with fortheglory.biz before proof approval, we will
refund the amount of your order, less any incurred charges and the less the
amount of the cancellation fee. Jobs that are released to planning will be
considered in Production and not subject to Cancellation. The job will be
printed and only the shipping charge may be credited. Rush fees are not
refundable under any circumstances.
For the Glory Renunciation fortheglory.biz reserves
the right to cancel orders, as it deems necessary to maintain it's workflow
and to avoid a financial loss of labor, materials, and expenses. Below is a
list of reasons we may cancel your order, however we reserve the right to
cancel any order we deem necessary.
Production Delays – On Hold Status fortheglory.biz does NOT
have an On Hold Status; your order is ether live or canceled. You have 30
days to provide a properly prepared art file for printing once an order has
been placed. (If client has chosen one of our For the Glory standard art
files that is in our art vault this statement does not apply). If we do not
receive your art file within 30 days your order will be canceled and is
subject to any applicable cancellation fees
Customer Is Not Able
to Provide A Properly Prepared Art File. It is the customer's
responsibility to provide a properly prepared art file for production. The
customer also has the option of providing a Native File from one of our
Approved Applications and contracting fortheglory.biz to prepare their art
file for them. If the customer is unable to provide properly prepared art
file, for what ever reason, fortheglory.biz reserves the right to cancel
their order and it is subject to any applicable cancellation fees. Your
order may also be subject to File Resubmission Fee if you have submitted
multiple files.
Multiple File Transmissions Once your
order has been placed you can transfer your file to fortheglory.biz. If your
file is not properly prepared you may submit additional files, however they
are subject to our File Resubmission Fee if additional time is required by
For The Glory. If for some reason fortheglory.biz deems that a customer is
submitting multiple files to diminish our work flow fortheglory.biz may
cancel their order. The customers order is still subject to the File
Resubmission and Cancellation Fees.
Color Matching
fortheglory.biz offers products printed to “pleasing color” standards.
This means while your order will look attractive, we will not guarantee
that colors will match any of the following:
Colors as seen on your computer monitor - either on your original
file or your proof. Colors as seen on a laser printout of your job from
any laser printer or other device not issued by fortheglory.biz Colors as
printed on a previous orders – either from fortheglory.biz or another
source. Colors from original photographs or other
sources. fortheglory.biz does not guarantee the depth of color in
photographs, solids or “built” PMS colors.
If you are concerned
about the colors on your printed job, a hard-copy proof is suggested. This
proof will allow you to view the colors in the most accurate way possible.
This proof will be sent by UPS Overnight Letter and carries an additional
minimum charge of $47.50.
fortheglory.biz will not issue a refund for
proofs when a job is cancelled due to inability to match color.
For
more information of color matching, see Frequently Asked Questions page.
General Policies
Applicable Laws Users of fortheglory.biz agree to be governed by
the laws of the State of Tennessee with regard to any dispute that may arise
between you, your agents and fortheglory.biz and it’s affiliates.
Changes We understand that there will be occasions when you
will need to make changes to your original order. To insure that the correct
changes are made, all changes must be submitted in writing, via e-mail.
Unfortunately, we cannot accept changes verbally. Changes are done as a
courtesy to our customers and we will make every attempt to accommodate your
requests, however, if a change is not made, for what every reason,
fortheglory.biz will not be held responsible as long as the job is produced as
originally ordered. All change requests are subject to a charge. Once a job is
approved the only changes that can be made are shipping changes. If your job
has been approved for more that one business day we do not guarantee that
shipping changes can be made.
Copyright By submitting the final job, customer warrants that
the information contained within the job is not protected by any copyrights.
To that end, the customer agrees to hold fortheglory.biz and its affiliates
harmless with regard to any action brought due to copyright infringement,
including legal fees.
Limits of Liability fortheglory.biz
warrants that the work will conform to the instructions submitted by the
customer. fortheglory.biz’s maximum liability, under any circumstance, will be
limited to the amount of the customer’s invoice.
Links
fortheglory.biz is not responsible for the content of any third-party web
site or conduct of any business that that may be accessed through links or
hypertext available on the fortheglory.biz web site. If linked to a
third-party site, it is your responsibility to be aware of the terms and
conditions of use for that site or business.
Pricing and
Products fortheglory.biz reserves the right to adjust prices for any
product or service at anytime. We also reserve the right to discontinue
products at any time.
Production Delays fortheglory.biz
takes great pride in our reputation for on-time delivery. While most orders
will ship within five (5) business days of approved proof, fortheglory.biz
does not guarantee this schedule. Production and equipment difficulties may
arise from time to time, causing delay. fortheglory.biz will not be liable for
any damages associated with production delays.
Production
Schedule Our production schedule is based on normal business days,
weekends and National Holidays are excluded. You may visit our website at any
hour and place your order and/or send your art file. All orders, art, and
proof approvals received on weekends or holidays will be processed at 9 AM on
the next normal business day. All orders received during the week after 12
Noon Eastern Time will be processed on the next normal business day at 9 AM
Eastern Time. All art and proof approvals received during the week after 5 PM
Eastern Time will be processed on the next normal business day at 9 AM Eastern
Time.
Right to Refuse Service For the protection of our
employees, fortheglory.biz reserves the right to refuse to print any order for
any reason at the sole discretion of management.
Sales Tax
fortheglory.biz is required by law to collect all applicable sales taxes
for orders delivered to an address within the state of Tennessee. Tax-exempt
and resale customer must provide a Tennessee Sales Tax Exemption Certificate
for a refund of sales taxes. Contact customer service for more information.
Shipping Once production of a product is completed it will
be shipped via a third party carrier. The customer agrees that it will hold
harmless fortheglory.biz and it's affiliated companies for delays and/or
damages associated with the delivery of the product via a third party carrier.
fortheglory.biz will work with the customer and the third party carrier to
resolve any shipping issues, however fortheglory.biz will not be liable for
any damages associated with delayed delivery, damage to product and lost
deliveries. All packages will ship uninsured and with “no signature required”
unless the customer request otherwise in writing 3 business days before the
product ships.
Trademarks Customer agrees that any
trademark or other protected name, image or design included in the customer’s
order for reproduction is being used with the permission of the owner. To that
end, the customer agrees to hold GPPrintingServices.com and its affiliates
harmless with regard to any action brought due to copyright infringement,
including legal fees.
Refund / Return Policy
Refunds / Returns All Sales are final. No refund will be issued
on any job once a proof has been approved. If you are unsatisfied with your
order from fortheglory.biz, please let us know. Contact our Customer Service
Center at 1-877-903-6512, Monday through Friday, 8:30 AM- 5:00 PM EST. We will
make every effort to reprint the order to your satisfaction. You have 7 days
from the receipt of your product to make an issue known. No reprint will be
issued after 7 days. fortheglory.biz will not be held responsible for time
sensitive material and/or missed deadlines.
fortheglory.biz will not accept unauthorized returns. You must
first contact our customer service department and obtain a return
authorization number. Returning your order without prior authorization does
not relieve you of your financial obligation.
A full re-print
will be issued for printed orders deemed unacceptable for any or all of the
following reasons:
Printing quality material quality Shipping damage Products not
materially consistent with approved hardcopy proofs
Customers desiring a re-print due to customer dissatisfaction related to
the issues listed above must return the full quantity of the order in its
original packaging. Partial re-prints will not be issued. fortheglory.biz
will make the final decision on all reprints.
Shortage
Claims A shortage claim must be made within 7 days after the
customer's receipt of the product. Shortage claims are limited to shortages
that exceed 10 percent of the quantity ordered. In instances of product
shortage claims, additional product to complete the order will be shipped
within five (5) business days from the claim. fortheglory.biz will not be held
responsible for time sensitive material and/or missed
deadlines.
Orders consistent with approved proof
fortheglory.biz will not accept responsibility for orders that are printed
in accordance with accepted proofs. If certain elements are deemed
unacceptable in the final printed product (misspelled words, poor photography,
color conversion, etc.), but were approved by the customer upon proof, these
orders will not be subject to refund.
DESIGN Because of the speculative, non-quantifiable,
nature of creative design projects the following Terms and Conditions are
specific to design projects and are in addition to all other Terms and
Conditions associated with orders placed with our site.
COPYRIGHTED MATERIALS
Design Elements Supplied By The Customer You, the
customer, are responsible for all design elements that you supply For the
Glory and incorporate into your product. You agree that you will not include
any text, image, design, trademark, service mark, or any copyrighted work of
any third party in your product unless you have obtained the appropriate
authorizations from the owners. You warrant that your design elements do not
infringe upon any rights of any third party, including copyright, trademark,
right of publicity or privacy, and will not libel or defame any third party,
and that you have all required rights or permissions necessary to
incorporate third party material into your product. The customer also
recognizes 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. The customer further
warrants that no copyright notice has been removed from any material used in
preparing the subject matter for reproduction. To support these warranties,
you agree to indemnify and hold For the Glory DESIGN harmless for all
liability, damages and attorney fees that may be incurred in any legal
action connected with copyright infringement involving the design elements
that you provided.
Web Site Items The For the Glory DESIGN website
contains graphics, photographs, images, document layouts, artwork, text,
fonts, and other information (referred to herein as "Content"). This Site
and all Content are the copyrighted property of For the Glory DESIGN and/or
its subsidiaries (referred to herein as "For the Glory DESIGN") or the
copyrighted property of parties from whom For the Glory DESIGN has licensed
such property. All rights in this Site and its Content are reserved. It is
prohibited to retain, copy, distribute, publish, or use any portion of the
Content except as expressly allowed in these Terms and Conditions of Use.
For the Glory DESIGN reserves the right to add to, delete from, or modify
any part of Content at any time without prior notice.
Copy / Text Content For the Glory DESIGN is selling
the service of creative/artistic design. It is the customer's responsibility
to provide all body content, text or copy to be included in the design to
convey a written message. Under no circumstances will For the Glory DESIGN
be responsible for creating the body content, text or copy. All body
content, text or copy provided by the customer to For the Glory DESIGN is
subject to, but not limited to, the terms and conditions listed under
“Design Elements Supplied By The Customer.”
RIGHTS OF OWNERSHIP The rights to all design and art
work, including but not limited to photography and or illustration created by
independent photographers or illustrators retained by For the Glory DESIGN, or
purchased from a stock agency on your behalf, remain with For the Glory
DESIGN. Unless a purchase of “All Rights” (A Buyout) is negotiated with For
the Glory DESIGN, you may not use or reproduce the design or the design
elements therein for a purpose other than the one originally stipulated. If
you wish to use the design we have created and/or the design elements within
it for another purpose or project, you must contact us to arrange the transfer
of rights and any additional fees before proceeding. Failure to do so may
constitute copyright infringements and you may be liable to damages. We
reserve the right to distribute free samples of your design.
RIGHT TO REFUSE A PROJECT For the Glory DESIGN reserves
the right to refuse any project for, but not limited to, anything that is
deemed illegal, libelous, scandalous, improper, threatens anyone's right to
privacy, or infringing upon copyright law.
REFUNDS No refund will be given once we begin your
order. No partial refunds will be given for work not completed. During the
creation process if you decide to change the scope of your design or pursue a
new direction this will constitute a new design project. The original design
project will be due and payable in addition to the new project. No refund will
be issued on the original or new design project. Because of the speculative,
non-quantifiable, nature of creative design projects, no refund will be issued
because of customers satisfaction or lack there of. You are responsible for
the accuracy of your approved design. Any errors or omissions in a design that
have been approved by the customer become the responsibility of the customer
and no refund will be issued. Any delay or missed deadline of a printed
project due to design will not constitute a refund of the design or print
project.
INDEMNIFICATION You agree that you shall indemnify and
defend For the Glory DESIGN and all parties from whom For the Glory DESIGN 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 and Conditions 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 your design that you or your agents supplied
for the design.
TURNAROUND TIMES Projected turnaround times start only
after all materials necessary to complete your project have been received and
concepts have been communicated to the designer. Completion of the project may
require the participation of the customer. For the Glory DESIGN is not
responsible for delays in projects because of the customer's unavailability.
Because of the speculative, non-quantifiable, nature of creative design
projects projected completion dates are not guaranteed.
LIMITATIONS OF LIABILITY FOR MAILING SERVICES Our
liability for any error, mistake, or failure to perform services hereunder is
expressly limited to the value of the work performed. Under no circumstances
shall we be liable to any customer for said customer's loss of business, loss
of profits, postage or other consequential damages suffered by such customer
as a result of any error, mistake, or failure to perform services. Under no
circumstances shall we be liable for the delay or missed deadline of a print
project because of a design project. Under no circumstances will postage be
refunded for any reason once the U.S. Post Office has mailed a job.
Trademarks
All trademarks appearing on the service are
trademarks of their respective owners.
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