Welcome to myDprint.com. This web site is provided by DOUGLASS SCREEN PRINTERS INC. dba DPRINT (referred to throughout this web site as “DPRINT”) as a design and shopping service to prospective and existing customers. Your use of myDprint.com (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. DPRINT reserves the right to update or modify these Terms and Conditions at any time without prior notice to you.
WITH RESPECT TO THE SITE:
You acknowledge that all content on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") is the intellectual property and copyrighted works of DPRINT and/or various third-party providers ("Providers"). Reproduction or storage of Content retrieved from this Site, in all forms, including media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Trademarks and Copyrights
"DPRINT", "myDPRINT.com", and any and all other marks appearing on this Site (“Marks”) are trademarks of DPRINT. You may not use, copy, reproduce or modify the Marks in any way without DPRINT's prior written consent.
DPRINT owns and holds the copyright on all text relating to DPRINT’s products and services and the full content of the Site.
Restrictions on Use
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. Providing false or misleading information regarding your identity or an order in connection with this Site violates federal and state law. Fraudulent users may be prosecuted to the fullest extent of the law.
You may not electronically copy and print any portion of this Site other than your personal order form.
You may not create a link to any page of this Site without DPRINT’s express, written consent.
DPRINT is committed to protecting your privacy.
DPRINT is the sole owner of the information collected on this Site and only uses your information to communicate with and to you. These are the ways DPRINT obtains information about you:
Registration. In order to use this Site, you must first complete the registration form. During registration you are required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.
Orders. To buy from DPRINT, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If there is a problem processing an order, DPRINT uses this information to contact you.
Cookies. We use "cookies" on this Site. A cookie is a piece of data stored on a site visitor's hard drive to help DPRINT improve your access to our site and identify repeat visitors to the Site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
DPRINT constantly reviews its systems and data to ensure their protection and integrity. When you submit sensitive information (such as credit card data) via the Site, DPRINT takes steps to protect your information online through secure gateways. You can verify this protection by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
DPRINT also protects your information offline. Only DPRINT employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The systems in which we store personally identifiable information are kept in a secure environment.
The products featured on the Site are created and produced in the United States of America.
Links to other sites
This Site contains links to other sites. DPRINT is not responsible for the content or privacy practices of other sites. When you leave the DPRINT Site, we encourage you to read the privacy statements of other sites that collect personally identifiable information. Any concerns regarding the privacy statements or policies of other sites should be directed to the particular outside service or resource provider.
DPRINT is not affiliated with, and does not represent, guarantee or warrant the accuracy or completeness of the information, services, products or content found on any third party web site. Use of any third party web site is strictly at your own risk.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
WITH RESPECT TO OUR PRODUCTS AND PERFORMANCE
DPRINT is dedicated to your satisfaction. We want you to be completely satisfied with our printing, and we take pride in our clients coming back through professionalism, service and integrity. If your experience is otherwise, please let us know (CONTACT US) within 30 days from the date you receive your order. We will gladly reprint part or all of any non-compliant product order. In order to best manage your expectations, please take the time to read and understand our Terms and Conditions regarding our products and performance.
ORDERS, once entered, cannot be cancelled except upon terms that will compensate DPRINT for the greater of all costs-of-work prior to termination or $75 (for non-catalog orders). The minimum charge for canceling a catalog order is $15. All orders placed online are to be paid at the time of order entry. Published prices are subject to change without notice.
DESIGNS and all make-ready work or tooling created or furnished by DPRINT shall remain our exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon DPRINT’s express, prior, written consent.
PHYSICAL MATERIALS FURNISHED by the customer shall be properly packed, free from dirt, grit, tears, wrinkles, bad splices, or anything that deters DPRINT from obtaining maximum printing quality on the materials provided. Digital media furnished by the customer must be usable by DPRINT without alteration or repair. Files not meeting DPRINT’s production requirements will be returned to the customer for repair unless customer assumes all liability for any additional costs incurred by DPRINT to bring the material into conformance (which only DPRINT, in its sole discretion, may determine) for the prepress and printing purposes. Such charges are billed at the rates DPRINT sets from time to time. DPRINT does not store customer property except under a specific and separate written agreement.
PRODUCT INTEGRITY is directly related to order integrity. Certain circumstances, however, are beyond our control and are not covered by our guarantee. Common customer errors include but are not limited to:
Until DPRINT evaluates your digital files, DPRINT makes no claims, representations, or promises concerning the ability to work with your digitally formatted jobs, and DPRINT assumes no liability for problems that may arise. Any translating, editing, trapping, or programming required to utilize customer-supplied files will be charged and billed to customer at prevailing rates.
ALTERATIONS. Prices apply to products as they were originally ordered. Orders may not be altered without compensation as determined by DPRINT.
DIGITAL PRE-PRESS PROOFS will be provided to you for review and approval. Production does not begin until you approve your proof. DPRINT accepts full responsibility for errors made by DPRINT, and you accept full responsibility errors made by you. If you decide to alter your specifications, such alterations are billable by DPRINT at prevailing rates as may be set from time to time.
PRODUCTION PROOFS must be requested at the time of order and are charged at DPRINT prevailing rates as may be set from time to time.
TRIM TOLERANCES of +/- .0625 on products of less than 100 square inches or +/- .125 on products greater than 100 square inches shall be deemed acceptable. COLOR REPRODUCTION is based on the specifications imbedded in the customer’s digital files OR Pantone spot color(s) specified by customer. DPRINT assumes the liability for color matching to these two standards. If printed or other physical samples are provided by customer, some color variation is expected and as such color variation may not be the basis for customer’s rejection of the order.
OVERRUNS OR UNDERRUNS for screen-printed products will not exceed 10% of the amount ordered and shall constitute full and complete delivery. Overruns will be billed at the quoted unit price for the quantity ordered, and underruns will be credited at same. The exact quantity ordered will be produced for all online orders.
DELIVERY unless otherwise agreed to in writing is for a single shipment FOB DPRINT's Lakeland facilities, with all risk passing to the customer once the shipment leaves DPRINT's dock in Lakeland. Unless the order states specifically otherwise, DPRINT will select an appropriate carrier. All proposals are based on a single shipment immediately following completion of the order by DPRINT, unless specifications distinctly state otherwise and are accepted by DPRINT.
FORCE MAJEURE: DPRINT shall not be liable or responsible to customer for any delay, non-performance or loss attributable to any act, condition, or thing beyond DPRINT's reasonable control including, but not limited to, acts of God, riot, insurrection, blockades, embargoes, sabotage, epidemics, fires, hurricanes, floods, accidents, breakdowns of machinery and equipment, failure of contractors, supplies, sponsors, or other third parties, strikes, lockouts, or other labor difficulties, or disputes. In the event that proof schedules are not adhered to by the customer, delivery dates will be subject to renegotiations.
PAYMENT IN FULL shall be made at the time of order submittal to DPRINT. DPRINT may, in its sole discretion, permit payment on account with terms of net 10 days upon execution and subsequent approval of customer’s credit application. The extension of credit is a privilege, and DPRINT reserves the right to change terms, withhold shipment until full payment is received, or ship COD at our discretion. All shipments in whole or in part are billed immediately upon departure from DPRINT. Customers are expected to pay within the terms stated on the invoice face in order to maintain their credit standing with DPRINT.
NON-CONFORMING SHIPMENTS, SHORTAGES, AND ERRORS must be claimed in writing within 14 days of receipt of shipment. You may reject any shipment or delivery of final product that fails to meet the original specifications (or as amended with DPRINT's written consent) by giving written notice of yo
ur rejection and a written summary of the details and reasons you are rejecting the order. Risk of loss with respect to any shipment or part thereof that does not meet the specifications will be borne by DPRINT if the customer complies with the provisions in this paragraph and returns the rejected products under cover of a return goods authorization ("RGA") issued by DPRINT by COD freight specified by DPRINT to 2710 New Tampa Highway, Lakeland, Florida, 33815. RETURN OF CATALOG ITEMS also requires an RGA and will be subject to return at customer's expense in original delivery condition. A re-stocking fee of 10% of the net price paid will be charged to the customer on all returned catalog items.
CLAIMS AND WARRANTY. DPRINT warrants the merchandise to be free from manufacturing defects; however, all claims for defective merchandise must be made as specified in these Terms and Conditions. Customer bears risk of loss to return merchandise in its original delivered-to-the-customer condition to DPRINT, and may only do so upon DPRINT' authorization and subsequent issuance of an RGA number. Merchandise returned without RGA or that otherwise fails to comply with this paragraph will be refused.
Except as specifically provided in any other written agreement, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE CONDITION OR USEABILITY OF THE PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR EQUIPMENT. DPRINT’s liability in no event will exceed the purchase price of the defective merchandise. DPRINT may, in its sole discretion, refund the purchase price of the defective merchandise (plus the cost of shipping) or replace it with like kind and quantity of defect-free merchandise. Either shall be the customer's sole and exclusive remedy.
GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DPRINT—INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES")—BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the customer agrees that the liability of any such party shall in no event exceed the fee or charge to the customer assessed by DPRINT.
EXCLUSIONS AND LIMITATIONS. DPRINT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. Except as specifically provided in any other written agreement between the parties, DPRINT makes no representation or warranty, either express or implied, with respect to the products, the use or suitability thereof for any intended purpose, the freedom thereof from patent or trademark infringement or absence of latent defects with respect thereto, or with respect to any other matters other than as set forth herein. In the event that the customer supplies the design to be used in the manufacture of the product(s), customer shall indemnify and hold harmless DPRINT from any claims arising out of any patent, trademark, or copyright infringement or any errors with such design.
COPYRIGHTS. Customer warrants that the subject matter to be printed is not copyrighted by a third party, recognizing that because the subject matter does not have to bear a copyright notice in order to be protected by copyright law, the absence of such notice does not 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, the customer agrees to indemnify and hold DPRINT harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving products provided to customer.
PERSONAL AND ECONOMIC RIGHTS. The customer also warrants 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. The customer will, at the customer’s sole expense, indemnify and hold DPRINT harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with any action regarding the warranties made by customer in this section. DPRINT reserves right not to print any matter it deems illegal, libelous, scandalous, improper or a potential infringement of copyright law.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless DPRINT, including its respective officers, directors, employees, representatives, or affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
REPRESENTATIONS. DPRINT does not represent that any of its products, including specifically any safety decals required by law, are sufficient to meet the requirements under any state or federal law. Purchase and use of products that are regulated or legislated in any way at any jurisdictional level are solely at customer's discretion and risk.
TAXES. Any and all amounts due for sales taxes under Florida law will be added to the customer’s invoice. No tax exemption or credit will be granted unless the customer’s physical Florida Resale Exemption Certificate is submitted to DPRINT.
GOVERNING LAW; VENUE. By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods or Services. By purchasing our services and products, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Polk County, Bartow, Florida. Customer will be responsible for interest on past-due accounts in accordance with Florida law, as well as all attorney's fees and costs incurred in the collection of past-due accounts, including those at the appellate level. DPRINT reserves the right to require mediation prior to any litigation and stipulates Bartow, Florida (Polk County, Florida) as the exclusive venue for mediation.