terms and conditions

 

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 The Marvel Factory for inclusion in print products. 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 The Marvel Factory 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 The Marvel Factory and its employees 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 The Marvel Factory in defending against such suit, demand or claim.

The Marvel Factory does not maintain Customer Content indefinitely. Customer Content uploaded to us via email with an associated order will be kept on file for a period of up to fifteen (15) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to The Marvel Factory cannot be used to re-order an additional print job; it is only maintained for reprint purposes.

You agree that you will not send, upload, post or otherwise transmit to The Marvel Factory 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 way interfere with or disrupt the services and/or production of The Marvel Factory and/or or any servers or networks connected to or used in connection with the delivery of such service and production.

You acknowledge that The Marvel Factory does not pre-screen Customer Content, but that The Marvel Factory reserves the right to do so at any time and that The Marvel Factory 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 The Marvel Factory 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 The Marvel Factory, 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, The Marvel Factory, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of The Marvel Factory.

Please note that if your order requires additional customization to be done by a third party, The Marvel Factory is no longer responsible for the order and The Marvel Factory's liability to use is terminated at the time the order leaves The Marvel Factory. This includes packaging and label orders also.

Color Quality

The Marvel Factory guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" 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. The Marvel Factory is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. The Marvel Factory is not liable for the final color appearance of a UV coated product.

Order Cancellation

A print order can be canceled at any time prior to it entering into production. A print order cannot be canceled, and no refund will be given once it has entered into production or any process thereafter.

If within forty-five (45) days or later of you placing an order and The Marvel Factory has not received any files or incomplete files from which to complete your job, The Marvel Factory may at its option cancel the order.

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 EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Marvel Factory DISCLAIMS ALL WARRANTIES, EXPRESS 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. The Marvel Factory 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. The Marvel Factory IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. The Marvel Factory 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 The Marvel Factory 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 The Marvel Factory, OR ITS 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 The Marvel Factory 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 The Marvel Factory (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.

The Marvel Factory, TOGETHER WITH ITS 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 The Marvel Factory (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 The Marvel Factory BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

Security and Privacy

To order products from The Marvel Factory it will be necessary for you to provide certain personal data or other information through this Website via the Internet. We are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for The Marvel Factory to guarantee absolute confidentiality or security. The information The Marvel Factory collects and how that information is used is to the subject to The Marvel Factory’s Privacy Statement.

Design Licensing

All design purchased from The Marvel Factory comes with an Extended Use License, meaning you are able to use the items for purposes of personal or business marketing and branding.  You can create and sell merchandise, including, but not limited to:  apparel and promotional items.  The Marvel Factory retains the intellectual property rights to use any design items created for the express purpose of portfolios or use on our website and/or marketing materials showcasing our designs, unless you wish to purchase the Commercial & Exclusivity Rights to your design.  At that time, all design files and information will be released to the purchaser and all rights belonging to The Marvel Factory will be rescinded.  Any alterations or changes made to said design, are no longer held to any The Marvel Factory terms.  Contact us at info@themarvelfactory.com for questions and additional information.  Any free design you receive contains only the Limited Use License, and does not allow for merchandise creation and sale unless otherwise specified in writing.

Stock Imagery

The Marvel Factory uses stock images in creation of some design, including websites.  All images include a broad commercial license which is ongoing for the life of your design/website.  Clients are also welcome to provide stock images from any stock account client is a member of.  If you do not wish to use Stock Images on your website, or as a portion of your design, images must be provided by the client or additional design costs or photography costs may apply.

The Marvel Factory was Founded in 2017 All Rights Reserved  by The Marvel Factory 2019