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UHURU EMPIRE, LLC DBA BOARDLAMS
TERMS OF SERVICE
Introduction
Welcome to BoardLams.com. Please review the following basic rules that govern your use of the BoardLams.com website.
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by BoardLams.com, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.BoardLams.com, as well as all elements, software, programs and code forming or incorporated in to www.BoardLams.com (the "Site"). This Site is operated by Uhuru Empire, LLC (dba “ BoardLams”). BoardLams is also referred to in these Terms as "we", "our", and "us".
Please note that your use of the BoardLams.com site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions.
Although you may “bookmark” a particular portion of this Site, bypassing this Agreement, your use of this Site still binds you to these Terms and Conditions. BoardLams (“BoardLams.com” or “Site”) reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.
Section I: General Terms
1. Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If you submit a request on the Site to purchase printing products, design services or other services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to your credit card or paid by you with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we begin an order.
Payment is collected at the time of order. For custom orders or uploaded designs, once the proof for a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. Any delays in printing due to your failing to approve a proof is your responsibility and is not subject to a refund.
2. Refund Policy
Refunds are not guaranteed and may not be possible once BoardLams.com begins work on your order. Work will only begin after payment has been made and in the case of “Your design” or “custom” prints only after, artwork files uploaded, and job proofs approved. If we verify that BoardLams.com has made an error, we will re-run the order, however we are not responsible for errors in your print files.
If you find a defect in your job which is the responsibility of BoardLams.com we will re-run the order at no additional cost to you. Upon verification of the defect, we will re-run the order with an expedited turnaround time and expedited shipping.
In some cases, on a case-by-case basis, a partial or full refund may be extended to you if no work has been completed by BoardLams.com for a specific order. Such refund would be adjusted to cover any fees charged for proofs or other services associated with that order.
Each order made from BoardLams.com is a contract between you, as the customer making the order, and BoardLams.com. Orders placed on behalf of a third party are still your responsibility. As such, any decision by the third party not to accept the particular printed items, or to cancel the order with you does not affect your obligation to BoardLams.com.
3. Our Sales Tax Policy
BoardLams.com charges sales tax to orders received from within the state of California unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
4. File Review
If we encounter any issues during the review of your submitted files we will contact you and make you aware of the issue prior to printing.
5. Color Accuracy
BoardLams.com will reproduce color from submitted print-ready files as closely as possible, but even under the best circumstances, an exact color match is not possible. This is an inherent limitation in the printing process. The term “color match” refers to the color rendering intent specified in the submitted artwork. If the artwork contains colors specified as Pantone spot colors, BoardLams.com will attempt to match the color as closely as possible.
The artwork, as it appears on your computer screen, is almost certainly not accurate, since every computer screen renders color differently. An on-screen proof cannot match the color or density of a printed piece. Even different programs on the same computer can render color differently. By placing an order with BoardLams.com you agree to this limitation.
We accept no responsibility for color variations between submitted files and the final printed piece. Unless the difference in color is due to an error made by BoardLams.com in the printing process, no requests for a reprint will be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve.
Application of resins, UV or other coatings may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a coated product.
6. Errors
BoardLams.com is not liable for errors in a final product caused by any of the following reasons: spelling or grammar; graphics; bleeds; damaged fonts; improperly specified cuts, folds, die lines, crop marks, transparency, overprints, page alignment, page orientation, errors caused by technical problems, errors not within the control of BoardLams.com or finished product size.
Mistakes do happen. If you do encounter and error in a final product and it is a result of an action here at BoardLams.com please contact us immediately. We will resolve the issue by offering a new product or by refunding your original purchase price once the product in question is returned. We limit our liability to the cost of the product provided by BoardLams.com only. We do not cover any customer cost or losses beyond the final cost of our products.
7. Artwork
Our prepress department checks all submitted artwork files before printing, but you are still entirely responsible for the accuracy of your print-ready artwork files. We encourage you to proofread all files carefully before submitting them to BoardLams.com.
By submitting the artwork to BoardLams.com, you represent, warrant and covenant that you have the right to use the image(s) in your artwork files. If do not own the copyright on the art you submit, you represent, warrant and covenant that you have received permission to use the art from the copyright holder. You further represent, warrant and covenant that your artwork does not violate any intellectual property rights held by another individual or corporation.
You agree that you will NOT upload any artwork files depicting offensive, indecent or improper subject matter, or material that could give rise to any civil or criminal liability under applicable law. You further represent, warrant and covenant that your artwork does not infringe upon the privacy rights of any persons depicted in the art. We will refuse an order, which in our opinion may be illegal or an infringement on the rights of any third party.
You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
8. Printing Turnaround Time
For our stock design BoardLams printing is completed within 3 to 5 business days. For “Your Designs” or customer submitted artwork and custom products, our printing turnaround begins when we have your final, print-ready file(s), not when the order was first submitted. This process is generally 3-7 business days.
Things can and sometimes do go wrong with shipping, so if you absolutely have to have your work, plan a few extra days into the job cycle. We can not be held accountable for the performance of the common shipping carrier.
Please note that BoardLams.com is generally closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating turnaround time.
9. Shipping
At checkout you need to select one of the shipping options presented to you on the Site. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up. For instance, a product shipped 2nd Day and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and BoardLams.com assumes no responsibility for delays caused by shipping carriers, weather, or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
BoardLams.com’s responsibility is limited to preparing your printing order and submitting it to the carrier for shipping. BoardLams.com is not liable for damages which occur in shipping.
10. BoardLams Installation Disclaimer
We offer recommended approaches to the usage and installation of our BoardLams products but they do require a certain level of skill to apply. Your best bet is to seek installation by a professional. Since we cannot control any of the aspects of how your BoardLams products will be used, installed or applied we cannot guarantee the work quality of you or others when installing BoardLams.
11. Availability
This Site is provided by BoardLams.com on an "AS IS" and "AS AVAILABLE" basis and BoardLams.com reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that BoardLams.com is and will not be liable to you for any modification, suspension or discontinuance of the Service.
12. Privacy
BoardLams.com has a firm commitment to safeguarding your privacy. Please review BoardLams.com Privacy Policy. The terms of BoardLams.com privacy policy are incorporated into, and form a part of, these Terms, and you to the terms of the BoardLams.com Privacy Policy.
13. Trademarks
All brand, product and service names used in this Site which identify BoardLams.com or third parties and their products and services are proprietary marks of BoardLams.com and/or the relevant third parties. Nothing in this Site shall be deemed to confer on any person any license or right on the part of BoardLams.com or any third party with respect to any such image, logo or name.
14. Copyright
BoardLams.com is, unless otherwise stated, the owner, or has the right to use, of all copyright and data rights in the Site and its contents. Individuals who have posted works to BoardLams.com are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of BoardLams.com or the appropriate owner of copyright in such works. BoardLams.com does not claim ownership rights in your works or other materials posted by you to BoardLams.com (Your Content). You agree not to distribute any part of the Site other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Site unless expressly permitted to do so in writing by us or by use of functions on the Site provided by us.
15. Reporting Copyright Violations
BoardLams.com respects the intellectual property rights of others and expects users of the Site to do the same. At BoardLams.com discretion and in appropriate circumstances, BoardLams.com may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Site, please contact BoardLams.com agent for notice of claims of copyright infringement, who can be reached through admin@BoardLams.com. You must provide our agent with substantially the following information, which BoardLams.com may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. Identification of the 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 the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. 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.
f. 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.
Please see BoardLams.com Copyright Policy for further information and details.
16. External Links
BoardLams.com may provide links to third-party websites or resources. You acknowledge and agree that BoardLams.com is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BoardLams.com of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17. Third Party Software
As a convenience, we may make third-party software available through the Site. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall BoardLams.com be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Site
18. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site; or provide any information to BoardLams.com that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. BoardLams.com does not endorse any content placed on the Site by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless BoardLams.com, its parent(s), subsidiary(ies), officers, directors, employees and agents, licensees, sublicensees, from and against any alleged claims, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your breach of these terms and conditions, breach of the representations, warranties and covenants herein, or access to or use of the Sites, .
19. Disclaimer of Warranty and Limitation of Liability
BOARDLAMS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BOARDLAMS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. BOARDLAMS.COM MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT BOARDLAMS.COM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, BOARDLAMS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF BOARDLAMS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BOARDLAMS.COM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BOARDLAMS.COM PURSUANT TO THIS AGREEMENT IN THE ONE MONTH PRIOR TO NOTIFICATION OF A CLAIM.
20. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you use the Site or have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by posting on BoardLams.com and shall by your responsibility to review material changes, if any. . If you continue to use the Site after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Site.
21. General
These Terms constitute the entire agreement between BoardLams.com and you with respect to your use of the Site. BoardLams.com failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. BoardLams.com shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of BoardLams.com. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California, County of Orange.
22. Comments
If you have any comments or questions about the Site please contact us by email at admin@BoardLams.com
23. Registration
To register as a member of the Site or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Site. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
24. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify BoardLams.com of any unauthorized use of your password.
25. Submitting Content
BoardLams.com Customer Supplied Artwork - Prior to purchasing “Your Design” Products in which you as a customer submit artwork for printing by BoardLams.com you must accept the additional terms and conditions of the BoardLams.com Customer Artwork Submission Policy, which is incorporated by reference as though fully set forth herein, and forms a part of, the Terms.
BoardLams.com Prints Program Artist -As a registered Artist member of the Site, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for sale on BoardLams.com. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the BoardLams.com Prints Program Submission Policy, which is incorporated by reference as though fully set forth herein, and forms a part of, the Terms.
26. Copyright in Your Content
BoardLams.com does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Site and to create your product, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Any Content you submit to BoardLams.com must either be an original work of your own creation or you must have cleared Copyright with the content owner.
27. Monitoring Content
BoardLams.com has no ability to control the Content you may upload, post or otherwise transmit using the Site and does not have any obligation to monitor such Content for any purpose, and as such shall not be responsible or have any liability whatsoever for same. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Site
28. Conduct
You agree to be subject to and to conduct yourself in accordance with the BoardLams.com Etiquette Policy. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Site. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to BoardLams.com Copyright Policy for further details.
You agree not to use the Site
a. for any unlawful purposes;
b. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, BoardLams.com or to facilitate the unlawful distribution of copyrighted content or illegal content;
d. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
f. to upload, post, or otherwise transmit any material which is likely to cause harm to BoardLams.com or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site;
g. for any commercial purpose, except as expressly permitted under these Terms;
h. to sell access to the Site on any other website or to use the Site on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from BoardLams.com by hyperlink and not to compete with BoardLams.com.
29. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than BoardLams.com. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Site are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Site without BoardLams.com written approval. Any interactions with members of the Site with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 18, above, of these Terms of Service specifically applies with respect to commercial activities.
