
Terms of Service
Please read these Terms of Service carefully. These Terms
of Service govern your access to this site and our products.
TheMiniBrochure.com provides its service to you, subject to the following Terms
of Service, which may be updated by us from time to time without notice to you.
By accessing any page on this site, you agree to be bound by these terms and
conditions. In addition, when using particular TheMiniBrochure.com services,
you may be subject to additional posted guidelines or rules applicable to our
affiliates or subcontractors, or specific to such services, which may be posted
on our site or on the sites of our affiliates or subcontractors, from time to
time. All such guidelines or rules are hereby incorporated by reference into
these Terms of Service. I. TheMiniBrochure.com cannot, and does not, check any submission for spelling, grammar, or any other errors. The design will be printed as it appears during the approval step. It is the sole responsibility of the customer to ensure that all materials submitted for printing are formatted correctly. II. TheMiniBrochure.com guarantees prints
will not be defective in accordance with CMYK industry standards for pleasing
color. We offer no guarantee of "match-print" color fidelity and
cannot prevent slight color shift throughout an order. TheMiniBrochure.com does
not guarantee color will match the preview as it appears on a customer's
monitor, as we cannot compensate for color variance on each customer's monitor.
TheMiniBrochure.com is not responsible for any color shift that occurs in
conversions from RGB to CMYK color modes. We recommend all custom designs be designed
in CMYK and uploaded in CMYK. You may also upload in RGB if you choose.
However, the color will be converted and may not be as accurate. If you do
upload in CMYK, we ask you to design using our preferred color profile for
better color accuracy. TheMiniBrochure.com uses the US Sheetfed Coated V2 color profile. III. Although refunds will not be offered
for customer errors, TheMiniBrochure.com may permit the customer to correct
their error and reprint the original order at 50% of the cost for each
reprinted item. In such event, customer will be responsible for all shipping
costs. IV. You may not place or reproduce any
trademarks, service marks, or logos that are not owned by you or licensed to
you onto materials and merchandise to be printed via the TheMiniBrochure.com
Service. Words, names, and designs used to identify services or products are
considered trademarks, service marks, and/or logos. V. You acknowledge that TheMiniBrochure.com may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on TheMiniBrochure.com servers for Customer use. You agree that TheMiniBrochure.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that TheMiniBrochure.com reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that TheMiniBrochure.com reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you. VI. This site contains graphics,
photographs, images, document layouts, artwork, text, fonts, software tools,
and other information (referred to herein as "Content"). It is
strictly prohibited to retain, copy, distribute, publish, or use any portion of
the Content except as expressly allowed in these Terms of Service.
TheMiniBrochure.com reserves the right to add to, delete from, or modify any
part of Content at any time without prior notice. The image design tools
provided on this Site employ a limited number of elements, including icons,
fonts, color schemes, and design effects. TheMiniBrochure.com reserves the
right to use all such elements and to make all such elements available for use
by other parties in the future. You do not obtain any right or claim to any of
the individual image design elements through your creation of an image design
and/or your incorporation of an image design into one or more products. Other
TheMiniBrochure.com customers may use the design tools to create images that
have similar or identical combinations of these elements and
TheMiniBrochure.com does not guarantee that your image will not have
similarities to images designed and used by other parties. TheMiniBrochure.com
provides no warranty of any kind that image designs created using the design
tools will not infringe, or be subject to a claim of infringing, the trademark
or other rights of another party. It is solely your responsibility to obtain
the advice of an attorney regarding whether the image design is legally
available for your use and does not infringe the rights of another party. VII. You agree to indemnify and hold TheMiniBrochure.com, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party. VIII. TheMiniBrochure.com guarantees all
mini brochures with shipping methods other than ground or standard will be
placed with the carrier for delivery the next business day if ordered before
5:00 pm Pacific Time. (TheMiniBrochure.com cutoff time of 5:00 pm MST is based
on the time we receive notification of a payment clearing from the billing
agent. Typical credit card payments clear within 5 seconds.) TheMiniBrochure.com
guarantees that your order will be placed with the carrier within 72 hours of
your order time on all mini brochures. Refused or undeliverable orders are not
a valid reason for reprint or refund and reshipment of the order will be at the
customer's expense. TheMiniBrochure.com utilizes third-party carriers to
deliver your order and is not liable for delivery problems caused by these
carriers. TheMiniBrochure.com makes no guarantee about time in transit of any
shipping method. In the event an order is lost, misplaced or damaged while in
transit, a notification of non-receipt must be sent via e-mail to
sales@theminibrochure.com and include the invoice number. IX. TheMiniBrochure.com is an international company with printing and shipping locations across the United States. While we make every attempt to ship from the location nearest you, your order may come from any of our locations. Please be advised that if you are ordering products with a tight deadline, you should select next day air, 2nd day air or 3rd day air to insure a timely arrival. Packages shipped outside of the country of origin may be charged a duty based on the receiving country's import tax. TheMiniBrochure.com is not responsible for the payment of this fee. X. You understand and agree that
TheMiniBrochure.com and its officers, employees, agents, vendors, affiliates or
subcontractors, shall not be liable to you for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if TheMiniBrochure.com has been advised of the possibility of such
damages), resulting from: XI. TheMiniBrochure.com cannot be held responsible for any inability to print on the product after purchase. TheMiniBrochure.com products may be coated and can be difficult to print on. UV coated products cannot be printed on while matte covered products may require commercial printers. Please test using a sample and verify that your printer will work before placing an order. Samples can be ordered online for free. Problems printing on products using after-market printers is not a valid reason for reprint or refund. XII. TheMiniBrochure.com does not refund, cancel or credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control. XIII. Orders may only be canceled through our website using the order status interface. Orders that have already printed cannot be canceled. XIV. TheMiniBrochure.com reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with TheMiniBrochure.com. Any customer may opt out of receiving future contact from TheMiniBrochure.com at any time, by unsubscribing from our email correspondence. XV. TheMiniBrochure.com reserves the right to share contact information with its trusted and reputable corporate partners. These entities abide by their own terms of service and privacy policy. Any further information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party. However, we will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order. XVI. TheMiniBrochure.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that TheMiniBrochure.com, in its sole discretion, may terminate your account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if TheMiniBrochure.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. TheMiniBrochure.com may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that TheMiniBrochure.com shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service. XVII. From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. TheMiniBrochure.com does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that TheMiniBrochure.com shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website. XVIII. Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TheMiniBrochure.com shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service. XIX. Except as expressly set forth herein: XX. The Terms of Service constitute the entire agreement between you and TheMiniBrochure.com and govern your use of the Service, superseding any prior agreements between you and TheMiniBrochure.com. As referenced in the following paragraph, you also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These Terms of Service and the relationship between you and TheMiniBrochure.com shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. For the purpose of resolving any dispute, the state and federal courts located in Utah shall have exclusive jurisdiction. The failure of TheMiniBrochure.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. XXI. LINKS TO OTHER SITES: From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy. XXII. MODIFICATIONS TO THE WEBSITE, PRODUCTS, OR SERVICES: We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. XXIII. REFUSAL OF SERVICE: We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms of Service. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our website, products, or services. We may refuse or terminate orders if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately. ![]() |