Terms of Account. This agreement is between Candid Color Systems, Inc. (“Candid Color”) and its established customers. Nothing in this agreement will be construed to create a customer relationship with any other individual or entity. The establishment of any customer account is subject to Candid Color’s approval. Your electronic signature next to the box labeled “I agree” confirms your agreement to be bound by these terms. By checking the “I agree” box, you represent that you have the authority to enter into this agreement.
Website Use. By submitting content to this website, you agree not to forge headers or otherwise change identifiers in order to hide the true origin of any content submitted to this website. As used in this agreement, content includes any images, photos, and proofs submitted for processing, printing or other image production. It is prohibited to transmit by any method content that contains programs, software viruses, computer code, or any other files designed to destroy or limit the functionality of any computer software or gather data, interrupt service or limit functionality of this website or any networks or computers connected to this website.
Limitation of Liability. By submitting content to this website, you are agreeing to the limitations set forth in this agreement. If Candid, its employees or any of its agents damage or lose your submitted content, you are only entitled to replacement of the processing or blank storage media. You may not recover any consequential or incidental damages, including lost profits, incurred as a result of such damage or loss.
Copyrighted Images Not Allowed. When you submit content to this website, including images produced by professional photographers and those that may be found in books, magazines, websites or other media, you are representing to Candid Color that you have all necessary legal rights to the submitted content. If you submit any images produced by a professional photographer, you must include a written consent signed by the professional photographer with your submission. Additionally, you agree not to upload, post or otherwise transmit any content that do you not have a right to make available under any law or under fiduciary or confidential relationship, including proprietary and confidential information and any other content that infringes any trademark, trade secret or patent. You agree to indemnify Candid Color from any liability resulting from your failure to comply with any of the terms in this section.
No Objectionable Content. Ordering for print, emailing, uploading, or otherwise transmitting any content that could be considered unlawful, harmful, threatening or harassing, defamatory, obscene, indecent, libelous, invasive of another’s privacy, racist, vulgar, or harmful to minors in any way is strictly prohibited. Any content that violates federal or state pornography, indecency or sexual exploitation laws is strictly prohibited. If you fail to comply with the terms in this section, you agree to fully indemnify Candid Color for any liability arising from your lack of compliance.
Submitted Information. If any information on your account application changes at any time, you agree that you will notify Candid Color immediately of such changes. Further, Candid Color reserves the right to terminate your account if there are any changes in your company’s ownership. This agreement authorizes Candid Color to charge orders to the credit card account either provided with your application or provided through updated information. If any credit card transaction is denied, Candid Color reserves the right to not process your content.
Payment. You agree to pay all applicable account charges, including all applicable sale taxes and shipping/handling fees.
Delivery. Candid Color reserves the right to choose the method of delivery of its products. Additionally Candid Color will not be liable for any damages, losses or expenses resulting from delays in the delivery of its products. If you receive any product that does not conform to your order, you agree to notify Candid Color. Upon notification, Candid Color will take responsibility for ensuring delivery of the correct order.
Breach. If you breach any of the terms of this agreement, Candid Color may: block your access to this website, remove any content uploaded or posted by you on the website, not process any pending orders, and seek any other remedy available at law or in equity.
Oklahoma Law Applies. This agreement is governed by, and will be construed in accordance with, Oklahoma law. Candid Color may commence any action related to the use of this website in Oklahoma County, Oklahoma. Any lack of action on the part of Candid Color in response to a breach of this agreement will not constitute a waiver of Candid Color’s legal rights. If a court determines that any provision in this agreement is unenforceable, the court may reform the provision to the extent necessary to make it enforceable; all other provisions will remain in full force and effect.
Entire Agreement. This agreement constitutes the entire agreement between you and Candid Color relating to the use of this website and supersedes any prior agreements on this subject between you and Candid Color.