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Terms of use 

Last updated: May 27, 2015

TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS OF USE (“Terms”) AND THE PRIVACY POLICY [insert a hyperlink to the privacy policy]. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THIS WEBSITE.

This website (the “Site”) is operated by Lewis Printing Company, Inc., DBA “Conquest Graphics” and/or its subsidiaries (collectively referred to as “Conquest Graphics”) which provides this Site and other products and services to you when you visit or conduct business at ConquestGraphics.com (collectively, “Conquest Services”.) Conquest Graphics provides the Conquest Services to you subject to the following conditions. These terms and conditions may be changed or updated without notice at any time in our discretion.

This Site is provided on an AS IS and AS AVAILABLE basis. We make no warranty that the Site will operate error-free.

Do not use this Site if you are under age 18.

ACCOUNT

You are responsible for protecting your password and controlling access to your account. You are responsible for all orders placed or other actions that are taken through your account.

COPYRIGHT

Unless otherwise indicated on the Site, all content and other materials on the Site, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of us, our licensors, or clients and are protected by copyright laws. It is strictly prohibited to re-distribute, copy, or republish any of the Site Materials.

CONTENT POLICY

We respect the intellectual property rights of others, and we insist that our customers respect intellectual property rights as well.

Content is defined as any information and/or material, including text and images that constitutes and/or substantiates any publication, document, website, or printed item.

You may not place or reproduce any trademarks, service marks, logos, or copyright protected works that are not owned by you or licensed to you onto materials or merchandise to be manufactured or distributed by Conquest Graphics.

Conquest Graphics also prohibits using explicit language or pornography on printed materials and merchandise.

You are responsible for all Content that you use, send, upload, post, or transmit via the Conquest Graphics website, including without limitation any images from the Conquest Graphics image library. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree not to use the Site to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks; or (v) any Content that infringes the intellectual property rights or other proprietary rights of Conquest Graphics or any third party.

You acknowledge that Conquest Graphics does not pre-screen Content, but that Conquest Graphics and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the Terms or may otherwise be objectionable. You agree that Conquest Graphics may preserve Content and may also disclose it 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 the terms of use; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Conquest Graphics, its users or the public.

THIRD-PARTY CONTENT

Conquest Graphics may make third-party information and other content available on or through the Site (the "Third-Party Content") as a service to those interested in this information and we may provide information regarding or access to third-party products or services available on or through the Site ("Third-Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with them, are solely between you and such third party. We do not control, endorse or adopt any Third-Party Content or Third-Party Products and Services, and make no representations or warranties of any kind regarding the Third-Party Content or Third-Party Products and Services. Conquest Graphics is not responsible or liable in any manner for any Third-Party Content or Third-Party Products and Services and undertakes no responsibility to update or review any Third-Party Content or Third-Party Products and Services. You use Third-Party Content and Third-Party Products and Services at your own risk.

PROHIBITED USES

  • You are solely responsible for all your activity in connection with the Site and the Conquest Services. As a condition of your use of the Site, you warrant that you will not use the Site and/or the Conquest Services for any purpose that is unlawful or prohibited, including, without limitation, the following:
  • You may not scrape, spider, crawl or use any other automated device or manual process to harvest data from the Site;
  • You may not, or attempt to, decompile, reverse engineer, disassemble, loan, sell or create derivative works of the Site;
  • You may not access content or data not intended for you or log onto a server or account that you are not authorized to access;
  • You may not, or attempt to, probe, scan or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures;
  • You may not, or attempt to, interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing;
  • You may not use information obtained from the Site to solicit other Site users;
  • You may not use the Site, the Conquest Services or both to transmit any false, misleading, fraudulent or illegal communications; and
  • You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user.

REMOVAL OF CONTENT AND DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

In our sole discretion, Conquest Graphics may monitor and remove any and all Content for any, or no, reason, including, without limitation, that which allegedly infringes another party’s copyrights.

In accordance with the terms of the Digital Millennium Copyright Act of 1998 (“DMCA” or the “Act”), Conquest Graphics has registered a designated copyright agent with the United States Copyright Office and avails itself of the Act’s protection.

(i) Notice. If you are a copyright owner or authorized agent thereof, please report any alleged copyright infringements to by preparing a DMCA Notice of Alleged Infringement (the “Notice”) meeting the specifications below and submitting it to our designated copyright agent (our “Designated Agent”), DMCA Designated Agent, Conquest Graphics, 3900 – A Carolina Avenue, Richmond, VA 23222. DMCAagent@conquestgraphics.com.

  • The Notice should meet the following specifications, set forth more specifically in 17 U.S.C. 512(c)(3):
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the Notice, a list identifying all such works at that site;
  • Identification of the Content material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Conquest Graphics to locate the material;
  • Information reasonably sufficient to permit Conquest Graphics to contact the purportedly infringing party, such as an address, telephone number, and, if available, an electronic mail address at which the purportedly infringing party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (i.e., “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”);
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (i.e., “I hereby state that the information in the Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”); and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Counter-Notice. You may send a counter-notice (the “Counter Notice”) meeting the specifications below to our Designated Agent if you believe that your removed Content is not infringing, or that you have authorization from the copyright owner, an authorized agent or pursuant to law, to post and use the material in your Content.

The Counter Notice should meet the following specifications:

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content (i.e., “I hereby state that I have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content);
  • Your name, address, telephone number, email address, a statement you consent to the jurisdiction of the U.S. Federal Court in Richmond, Virginia, and a statement that you will accept service of process from the complaining party who provided notice of the alleged infringement.
  • Your physical or electronic signature.

If our Designated Agent receives a counter-notice from you, we will send a copy of the counter-notice to the original complaining party informing that party that Conquest Graphics may repost the removed Content or cease disabling it unless the complaining party (copyright owner) files an action seeking a court order against you within 10 business days after receipt of the counter-notice. Conquest Graphics will repost if an action is not filed within 10 business days.

GOVERNING LAW

Conquest Graphics is based in Henrico, VA and has servers located in Henrico, VA. This Site and your use of it are governed by the laws of the Commonwealth of Virginia, not including its conflicts of laws provisions. You agree to submit to the jurisdiction of the state and federal courts for Henrico County, VA, and agree that venue in these courts is proper in any legal action or proceeding arising from or related to the Site or Conquest Services.

LIMITATION OF LIABILITY

In no event shall Conquest Graphics or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Conquest Graphics has been advised of possibility of the damage, arising out of or in connection with the use or performance of the Site or the Conquest Services or of failure to provide products and services that you order from Conquest Graphics or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Conquest Graphics be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its Content.

SEVERABILITY

If any provision of this agreement is found to be invalid, illegal, or otherwise unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected in any way.

DISCLAIMER

Content is provided AS IS. Conquest Graphics makes no claims or warranties that the Site Materials or Content are suitable for specific purposes, are non-infringing, complete, timely, reliable, or are free from errors, inaccuracies, or typographical mistakes.

Except as provided elsewhere in these Terms, CONQUEST GRAPHICS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF OTHERS.

CONQUEST GRAPHICS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE IN AN ERROR-FREE MANNER, OR IS COMPLETELY FREE FROM VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL CODE.

LINKS

Links from this Site to a non-Conquest Graphics website may be provided for users' convenience only. Conquest Graphics does not control or review these websites, nor does the presence of a link imply any endorsement of non-Conquest Graphics websites. Conquest Graphics is not responsible for the contents, accuracy, completeness, or security of materials on linked websites. If users elect to access any non-Conquest Graphics websites, they do so at their own risk.

INDEMNITY

You agree that you shall indemnify and hold harmless Conquest Graphics and all parties from whom Conquest Graphics has licensed portions of Content, and their shareholders, members, directors, officers, employees, and successors and assigns 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 of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material in connection with the Conquest Services (iii) any suit, claim, or demand arising from the use or inability to use this Site.

REFUSAL OF SERVICE

We reserve the right to lawfully refuse service to any party or person, at any time, without disclosing the reasons for refusal of service.

PRICING

Pricing is subject to change at any time up until the point that your order is submitted. Once an order is submitted, pricing may change if specifications or parameters of the order are altered.

PAYMENT TERMS

Payment for goods and services ordered is due in full at time of order, unless purchase qualifies for, and user selects the “Terms” payment option. In order to be eligible for “Terms” option, the print purchase amount must be equal to or greater than $250. For any print purchase of $250 or more, users can opt to pay half of the printing charges, plus any mailing charges at the time of purchase, and the balance of the bill (the remaining half of the print charges, plus shipping charges) when the project ships. We will charge the credit card on file for the remaining balance due once the project has been completed and is shipped.

Our Cancellation Policy and Refund Policy (see below) are still in full effect for Payment Terms purchases.

ORDER APPROVAL

The customer is fully responsible for final proof and layout approval prior to the printing process.

Conquest Graphics is NOT LIABLE for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Conquest Graphics website.

ORDER CANCELLATION

Conquest Graphics accepts cancellation of orders prior to approval of a proof. We will promptly inform you of any cancellation charges that may apply. Upon cancellation, any costs (labor, administrative fees, credit card fees, etc.) already borne by Conquest Graphics will be subtracted from your refund.

COLOR PROOFING AND MATCHING

Conquest Graphics offers two proofing methods:

  • Electronic Proofs: An electronic proof in PDF format is available for any of our printed products. An electronic proof is an industry-accepted method for approving correct size and layout, content, and for making non-critical qualitative decisions about color. Once all of the files needed for your job are uploaded to our website, we will check your files, and email you a link to your PDF proof within 2 - 8 business hours.
  • Contract Proofs: A contract proof is a hard-copy proof that is intended to closely match press output, and is available at additional cost for projects where color match is more critical. Because contract proofs are not electronic files, they must be shipped to you for approval, and you must ship them back to us before we can put your project on press. Most contract proofs are printed and shipped the same business day. Contract proofs for Catalogs and Magazines over 16 pages will ship the next business day.

For projects where color match is critical, the only guaranteed proofing method is a contract proof. Your approval of either an electronic proof or contract proof is a binding agreement between you and Conquest Graphics that your project is correct, and ready to print. All contract proofs are property of Conquest Graphics and therefore must be returned before your project can begin production. If you would like a copy of the proof for your records, you will need to purchase it at the time the original proofs are printed.

All printed materials are manufactured according to industry standard ink and colorant densities. Exact match to electronic proofing methods is not always possible. Conquest Graphics is not liable for color matching or ink density on electronic proofs approved by customers. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color match or density.

Conquest Graphics uses state-of-the-art, high-quality reproduction equipment and techniques. We do our best to match gradient densities of each color to ensure quality results. However, color perception is very subjective, and Conquest Graphics is not liable for the final appearance of printed colors.

The application of a coating or varnish may affect or change the appearance of the printed colors. Conquest Graphics is not liable for the final color appearance of coated or varnished products.

Conquest Graphics uses group-run offset printing methods whenever possible. Under certain conditions, we reserve the right to manufacture some products using digital printing technology. Aqueous coating is not currently available for digitally printed products. Please go to our Digital Printing page for more information on our digital printing capabilities.

CUSTOMER-SUPPLIED ARTWORK OR GRAPHICS FILES

All customer-supplied files, including artwork, layouts, and images must be in CMYK color mode. Conquest Graphics is not responsible for color shifts that result from conversions from RGB or other color spaces to CMYK.

Conquest Graphics is not liable for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Conquest Graphics website.

All customer-supplied files, including artwork, layouts, and images must be at least 200 dpi minimum resolution. Conquest Graphics is not responsible for poor reproduction quality of customer-supplied images that do not meet the stated resolution standards.

Original customer-supplied artwork files and any associated customer-supplied transport or storage media will remain the property of the customer. Conquest Graphics will retain these files and storage media supplied by the customer for one month after job shipment. If requested, Conquest Graphics will provide estimated cost to return these materials to the customer.

CONQUEST GRAPHICS-SUPPLIED MATERIALS

All digital and analog artwork files, printing plates, proofs, tapes, disks, electronic media, and any other items supplied by or designed by Conquest Graphics remain the exclusive property of Conquest Graphics.

REFUNDS AND CREDITS (TOTAL SATISFACTION GUARANTEE)

Conquest Graphics stands behind its work, and we guarantee that you will be completely satisfied with the quality of your printed piece, or we will reprint your order at no additional charge or refund the printed product purchase price, subject to the following:

  • Our Total Satisfaction Guarantee does not apply to shipping claims (see RETURN and SHIPPING policies below).
  • Our Total Satisfaction Guarantee is limited to reprinting of the original order quantity or a refund of the purchase price of printed product.
  • You must return 100 percent of the original order, at your cost, before a reprint or a refund will be issued.
  • Maximum monetary refund per order or customer is $1,000. The only alternative for product value greater than $1,000 is reprinting your order.
  • Our Total Satisfaction Guarantee does not cover the cost of mailing services or postage.
  • Our Total Satisfaction Guarantee does not apply to any issues that directly result from the quality or arrangement of files/art you provide as evident on the proof you approve.
  • No refunds or credits will be issued for logo design, photography, and/or graphic design services.
  • No refunds or credits will be issued if an error occurs as a result of incorrect data preparation or file manipulation on the part of the customer, or if Conquest Services were not ordered and utilized specifically as related to data preparation and file manipulation.

DEFINITIONS OF QUALITY

All printed materials are manufactured according to industry standard ink and colorant densities. Exact match to electronic proofing methods is not always possible. Conquest Graphics is not liable for color matching or ink density on electronic proofs approved by customers. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color match or density.

Conquest Graphics uses state-of-the-art, high-quality reproduction equipment and techniques. We do our best to match gradient densities of each color to ensure quality results. However, color perception is very subjective, and Conquest Graphics is not liable for the final appearance of printed colors.

Please note that when printing on uncoated paper, we cannot guarantee color match due to the tendency of uncoated papers to absorb more ink than our coated papers. Coated papers will generally yield a superior result for projects that require moderate or heavy ink coverage. Some projects can be printed on C1S (Coated 1 Side) paper stocks. The same issues apply to the uncoated side of a C1S that apply to any uncoated paper. Also, C1S stocks tend to be more prone to paper curl than stocks that are coated on both sides. We are not responsible for paper curl that occurs when printing on C1S papers.

Please note that there are a limited number of paper specifications that are published by paper manufacturers. These include brightness, caliper (thickness), and for text weight papers, opacity. Conquest Graphics guarantees that all of our standard papers will have a brightness between 88 and 96, and that our standard text weight papers will have an opacity between 90 and 97. We will also guarantee that the caliper or thickness of our standard papers will measure within +/- 10 percent of the manufacturer-supplied specification.

Although we guarantee that our standard papers will meet the above specifications, because of pricing and availability issues, we cannot guarantee that the exact same brand paper will be used from one project to another. However, we will always source our papers from the same stable, reliable vendors. Paper manufacturers may also change the specifications of their papers at any time without notice.

Conquest Graphics is not liable for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Conquest Graphics website.

All customer-supplied files, including artwork, layouts, and images must be at least 200 dpi minimum resolution. Conquest Graphics is not responsible for poor reproduction quality of customer-supplied images that do not meet the stated resolution standards.

Conquest Graphics allows for ± 1/32” tolerance for each bindery function.

Conquest Graphics makes every effort to package final products so that they are not damaged in shipment. Sometimes, however, these precautions do not protect the shipped product because of the way the boxes are handled by the shipper. Therefore, Conquest Graphics does not guarantee against damage that is caused by the shipper, though we will assist you in claiming those damages.

OVERS AND UNDERS

In most cases, we will ship you a slightly higher quantity than you ordered, at no additional charge. Sometimes, we may ship a slightly smaller quantity than you ordered. Printing industry trade standards allow for overage or underage of up to 5 percent. If you will be sending your print order to a mailing processor or need a guaranteed quantity, we suggest that you order at least 5 percent over the minimum quantity you need.

We digitally weigh all orders that leave our facilities to ensure that the correct number of pieces are delivered to our customers, or to outside mail processors. We are not responsible for errors, waste, or spoilage that occurs at outside operations like mail processors.

RETURN POLICY

You must notify Conquest Graphics of any defects discovered in the ordered product within 6 business days of order acceptance or receipt of the product. In order to receive replacement, you must return (at your own expense) 100 percent of the received product within 30 calendar days from the time when the ordered product delivery was taken.

All charges related to expedited delivery (Rush Printing or Shipping) are non-refundable, including those charges related to orders that are returned for any reason.

TURNAROUND DEFINITION AND GUARANTEE

Definition of Turnaround: Turnaround is the actual time it takes from when you approve your proof to when the job is ready for delivery. Shipping time and USPS delivery time are not included in the overall turnaround time. Actual delivery date depends on the shipping method chosen or on the USPS for jobs that are mailed. Please note that selecting the “Mail” option will typically add days to the overall turnaround time.

Weekends and observed holidays are not counted towards turnaround. Time required for photography, design services, also does not count towards turnaround.

Conquest Graphics is not responsible for production delays caused by errors in customer-supplied files.

Cut-off Time: Proofs that are approved after 5 PM Eastern Time will begin processing on the next business day.

Turnaround Guarantee: Once you have approved your proof(s), we guarantee our turnaround. If we exceed the specified turnaround, we will provide a prorated refund of any rush charges, or we will provide a complimentary rush service on your next order.

SHIPPING, DELIVERY, AND TRANSFER OF TITLE

Conquest Graphics will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Conquest Graphics be liable for any consequential or damages resulting from any delay in shipment or delivery.

Conquest Graphics will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction, and/or technical problems may delay the manufacturing process. In case of delay caused by technical difficulty, rush charges/fees may be refunded, waived, or otherwise credited on a prorated basis where applicable, at our sole discretion. However, technical difficulty will not be grounds for order cancellation.

You agree not to hold Conquest Graphics liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, or any other circumstances beyond Conquest Graphics' direct control. Conquest Graphics shipment and delivery dates are calculated based upon estimates provided by our suppliers.

You agree that the shipping terms for all products are FOB (Free on Board) Shipping Point and ownership transfers from Conquest Graphics to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the Shipper. Conquest Graphics is not responsible for delays, errors, damage, or losses that occur as a result of the shipping process.

Loss or damage claims can only be filed for orders over $50.00 US in value and can only be filed after 30 days from shipment.

When a shipment is not delivered due to an error made by the customer in submitting the proper shipping address, Conquest Graphics will reship the package with corrected address and charge you for any additional applicable shipping fees.

Conquest Graphics is not liable for any United States Postal Service errors, including delay or loss.

For products that are provided to the customer in an electronic format, the customer agrees that delivery of such product(s) shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic transmission or (b) at the time we transmit a notification that the product is available for downloading from one of our servers.