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Cat5ive

Cat5ive Website Terms of Use

Terms and Conditions for Vouchers

All sales of vouchers are final. Vouchers are non-refundable, non-transferable and cannot be combined with other promotions or specials. Vouchers are only redeemable for product selected at time of purchase, no substitutions. Specialty options added to vouchers are only good on product it was purchased for, no substitutions. Vouchers are for products only and do not include design or graphics. While vouchers are non-transferable, they can be used for any design submitted for use by purchaser. Vouchers expire 12 months from date of purchase, and are available on a first come first served basis. Vouchers do not include shipping, shipping is billed when order is placed based on current shipping rates.

Acceptance of Terms Of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this site. By accessing or using this site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Cat5ive reserves the right to make changes to this site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Cat5ive provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at Cat5ivePrint.com or any other web sites (collectively, the "Site") operated Cat5ive or one of its divisions or subsidiaries (collectively, "Cat5ive"), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Cat5ive. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cat5ive without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Cat5ive's name or trademarks without the express written consent of Cat5ive. Any unauthorized use terminates the license granted by Cat5ive. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cat5ivePrint.com so long as the link does not portray Cat5ive, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cat5ive logo or other proprietary graphic or trademark as part of the link without express written permission.

Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to

  1. promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
  2. carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or
  3. conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity.

You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Cat5ive employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that:

  1. is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory;
  2. impersonates any person or entity;
  3. constitutes or encourages the conduct of a criminal offense;
  4. gives rise to liability;
  5. promotes the use of controlled substances;
  6. causes injury of any kind to any person or entity;
  7. infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
  8. contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  9. creates a link to another Site.

You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or noncommercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

Usage and Monitoring

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Cat5ive does sell products to minors. If you are under 18, you may use Cat5ivePrint.com only with involvement of a parent or guardian. Cat5ive reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Cat5ive reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Cat5ive, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime. If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Cat5ive for all claims resulting from content you supply, including poor print quality that is the result of poor quality provided files. Cat5ive respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your printed materials.

Applicable Laws

Cat5ive operates the Site from its offices in Florida and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Cat5ive to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Florida as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Palm Beach County, Florida and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in Palm Beach County, Florida. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Cat5ive or any of its officers, employees, agents or representatives, such as where notice to Cat5ive is required by contract, or any federal, state or local laws, rules or regulations. In the event of dispute Cat5ive must be notified within 3 business days from time of receipt after which contractor is no longer liable nor responsible for any restitution to the client. In the event of fraud, Cat5ive will prosecute to all limits of the law. There are no cash or credit card refunds given. Reprinting or store credit is available only at the discretion of Cat5ive. All orders are subject to 10% quantity variance.

Copyrighted Materials for Limited Use

All content included on the Site, including but not limited to text, graphics, photographs, logos, and software (referred to herein as “Content”), and all derivative rights thereof is the property of Cat5ive and/or its subsidiaries or the copyrighted property of parties from whom Cat5ive has licensed such property (referred to herein as “Cat5ive”) and is protected by United States and international copyright laws. All rights in this Site and its Content are protected by United States and international copyright laws. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Cat5ive reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Cat5ive (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Cat5ive does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Cat5ive. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Cat5ive may terminate its service to customers found to be using Cat5ive to engage in undesirable activities.You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Luice Deisgn to produce the Products on your behalf.

Transfer of Goods

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers 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 carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either:

  1. at the time we transmit the Product via email or other electronic communication addressed to the customer
  2. or at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree to indemnify and hold Cat5ive and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

Disclaimer and Limitation of Damages

Cat5ive is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Cat5ive makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event willCat5ive, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Cat5ive reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Cat5ive nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material accessed through or obtained by means of the Site.

Privacy

Your use of the Site constitutes your consent to Cat5ive's privacy policy posted at Cat5ivePrint.com which is updated from time to time.

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

Web Linking

Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Cat5ive has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Cat5ive is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Cat5ive reserves the right to terminate any link at any time.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Cat5ive in connection with the operation or content of this Site shall be provided by the submitter and received by Cat5ive on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Cat5ive. By submitting any such information to Cat5ive, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Cat5ive shall be free to use such information on an unrestricted basis.

Cat5ive Creative Services Terms

These Terms of Use establish the terms under which Cat5ive will perform your Creative Services project. The general Cat5ive Terms of Use, above, including all product-specific Terms of Use or Terms and Conditions referred to in the general Cat5ive Terms of Use, are incorporated by reference into and made a part of these Creative Services Terms of Use, except to the limited extent that any such Terms of Use or Terms and Conditions are expressly modified below. By requesting a Creative Services project from Cat5ive, you agree to be bound by these Terms of Use. Please read them, including the general Cat5ive Terms of Use and other Terms of Use and Terms and Conditions incorporated herein, carefully. If you do not wish to be bound by any such Terms of Use or Terms and Conditions, Cat5ive will not be able to perform Creative Services for you.

Terms Applicable to Cat5ive Creative Services

  1. General Terms Applicable to Cat5ive Creative Services.
    1. If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
    2. If you provide Cat5ive with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
    3. The designs and/or written copy (collectively, “Designs”) prepared by Cat5ive for you as part of your Creative Services project may have similarities to Designs prepared by Cat5ive for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Cat5ive and Cat5ive reserves the right to use the same or similar Design elements in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to Cat5ive by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by Cat5ive. Your right to use any Designs prepared by Cat5ive for you is limited to the finished printed products in the form they are supplied to you by Cat5ive. You may not copy, disassemble, modify, or transfer any such Designs.
    4. Cat5ive reserves the right, in Cat5ive’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Cat5ive shall have no liability of any kind to you or to any third party arising from such refusal or termination.
    5. Cat5ive reserves the right to make changes to these Terms of Use and to the products and services offered by Cat5ive at any time without prior notice. You should review these Terms of Use, and the incorporated Cat5ive Terms of Use, each time you access the Creative Services site. Cat5ive reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.

Terms Applicable to Delivery of Designs

Payment for any and all creative services to be provided by Cat5ive is due in advance of any work by Cat5ive. Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification, which you must view by logging in to your Cat5ive account with a user ID and Password. For websites, we will publish your website upon completion of the initial design and will notify you by email. If the email address you provide is not valid or is filtered by your email system, Cat5ive will not be liable for any missed deadlines and will not refund clients for this reason. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee. Acceptance and Cancelation. You must be 18 Years old or older to purchase a Creative Services project and utilize Cat5ive’s Creative Services. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Cat5ive with any changes, updates, or enhancements to the project you are requesting starting from date of sale. You must call Cat5ive at Need Help? Call Us 321-684-5012 for any requests to cancel services. Damages and Liabilities. Cat5ive disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Cat5ive site or any information, even if Cat5ive has been advised of the possibility of such damages. All delivery times are estimates only, and Cat5ive is not responsible for any late Creative Services projects and/or impact to Customer’s business due to a late project and/or printing. Cat5ive advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.

Terms Applicable to High Resolution Image Creation Services

If your Design Services project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:

You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to Cat5ive and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.

Upon payment in full of all design fees owed to Cat5ive, Cat5ive will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format. Please consult a Design Services Account Representative for a list of available formats.

Terms and Conditions of Order

  1. You are 100% responsible for the accuracy of your layouts. Please proof-read all layout proofs carefully. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for backside layouts.
  2. Most of our products are "gang printed." Cat5ive will reproduce color from submitted digital files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within 80-90% of the original image you submitted. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. Please note that what you see on your monitor or what you can print out of your inkjet printer at home have NOTHING to do with how it will come out on press. They use RGB color space and we print in a limited CMYK color space.
  3. No refunds given once we begin your order, which means we have received your necessary materials (images, text or digital files and payment) and started work on your job. No partial refunds given for work not completed. We offer in-house credit only for issues created by Cat5ive. In the event of a dispute, Cat5ive must be notified within 3 business days from time of receipt after which Cat5ive is no longer liable nor responsible for any restitution to the cardholder.
  4. Quoted turnaround times start only after all materials necessary to complete your order have been received. Completion of your job within our regular turnaround time is pursuant to receipt of your final approval. Allow additional time for YOUR selected method of delivery. Expected delivery date and turnaround times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, bad weather, etc. Quoted turnaround times are based upon the PRODUCTION of your order only. If you contracted Cat5ive for design, that time is ADDITIONAL to the quoted production time.
    • All flyers (gangrun printing) with a 48-72 hour turnaround.
      Any and all cancellations MUST be made in "writing" and sent via email and/or fax within 4 hours from the time the order was placed. Due to the extremely fast turnaround along with the amount of time necessary to produce said work, gives us the cancellation time.
    • All Specialty Jobs
      Any and all cancellations MUST be made in "writing" and sent via email and/or fax within 24 hours from the time the order was placed with verification of receipt.
  5. All materials we create in producing your artwork are the property of Cat5ive. This includes typeset layouts and color scans. These materials will NOT be sold or given to any other party. We reserve the right to distribute free samples of your printed materials. Your images will not be used in any national advertising without your prior consent.
  6. You certify that you own the rights to use the image(s) being reproduced on your printed material.

All items purchased from Cat5ive are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

By using the Site, you understand and accept the terms & conditions of this contract.

Copyright © 2011 Cat5ive, Inc.
Use of this website signifies your agreement to the Terms of Use and Cat5ive online Privacy Policy

Cat5ive is a full service printing company working with profesional creatives. We design unique business card designs for companies worldwide.
Our agency has built up an award winning design portfolio since 2000. We're known for our custom business cards and professional printing services.
321-684-5012 • info@cat5ive.com