Terms & Conditions
We look forward to serving you at Nite Owl Prints. To ensure you have a wonderful experience and are totally pleased with your purchase, please read our Terms of Service carefully before placing your order (referred to as “Project” in these Terms of Service). Nite Owl Prints offers its services to you in accordance with these Terms of Service. No other agreements are implied or may be expected. These Terms of Service may be changed from time to time; it is your responsibility to read them and agree to them before placing any order.
1. Once a Project is ordered on our website, it may not be canceled. Please review your order carefully before submitting it, as no refund will be issued after your submission, other than as outlined below.
2. Nite Owl Prints provides suggested turnaround times, but these are not guaranteed. Many factors, often outside our control, can affect Project turnaround. We will update you via our website on the progress of your Project, but make no guarantees, stated or implied, on the time of final delivery.
3. Nite Owl Prints’ website shows examples of Projects we have done for our clients. We reserve the right to include your Project as an example on our website. By submitting your Project to Nite Owl Prints, you both acknowledge that we may include the Project as an example of our past work, and that others may look at that Project for their own ideas. Nite Owl Prints is not responsible if another firm copies, in whole or in part, any aspect of your Project.
4. Nite Owl Prints may not be held responsible for any design, graphic or photo that is supplied to us in the fulfillment of your Project. We accept your job with the understanding that you have secured all copyrights or permissions, and that nothing being supplied to Nite Owl Prints is used improperly. Any copyrighted material, service marks, trademarks or logos used are assumed to be owned by you or licensed to you for printing on the Project(s) you submit to Nite Owl Prints. Nite Owl Prints may not be held liable for printing anything you submit for which you have not secured the proper permissions.
5. Nite Owl Prints does not censor any material submitted for printing. However, if we determine that your Project is a violation of any law—local, State, Federal or international—we will decline to print your Project and assume no responsibility for it or the content, or for delays, loss of business or any other consequence experienced by you.
6. Nite Owl Prints will not review your submitted files for grammar, spelling, content, formatting or any other errors. We will print your job exactly as you see it at the time of approval. It is your responsibility—and only yours—to confirm that everything you submitted for printing is correct.
7. Nite Owl Prints guarantees to meet or exceed CMYK industry standards for color. We do not guarantee “match-print” color fidelity as it is possible that slight color shifts may occur. We do not guarantee the printed color will match what you see on your monitor at time of approval, as color rendition can vary on each monitor used. NOTE: We strongly recommend your Project be designed and uploaded in CMYK. If you choose to upload a file in RGB, we are not responsible if there is a color shift when converting from RGB to CMYK color modes.
8. Nite Owl Prints is not responsible for the material you select for your Project. If, after delivery of your Project, you determine that the stock cannot be printed on, fed through a printer or other machinery, or in any other way does not meet your expectations, we assume no responsibility. Materials we use may be coated and therefore can only be printed on using a commercial printing press. Upon request, we will be glad to provide you with a sample of the stock before accepting your Project for printing. However, even if you request samples, Nite Owl Prints accepts no responsibility for the final Project as factors outside our control can cause variations in materials.
9. If a defect in a final Project is determined to be the responsibility of Nite Owl Prints, you will be offered reprinting at no charge or given a refund. We will request samples of the defective product before issuing a refund or reprinting to determine if Nite Owl Prints is responsible for the defect.
10. Nite Owl Prints does not guarantee to retain your design files beyond the time it takes for us to complete and deliver your final Project. You are responsible for maintaining copies of your files should you want to reprint and/or revise them at a future date.
11. Nite Owl Prints will make no guarantee about delivery time for any Project shipped via any shipping method. If your Project is lost, misplaced or damaged by the shipping company, please contact us. We will work with the shipping company to locate the shipment and have it correctly delivered, reprint your job and reship it at no cost to you, or refund your payment. A determination of our response will be made and communicated to you within five (5) business days.
12. If you are located outside the United States, Nite Owl Prints will gladly process your order upon receipt of your payment in U.S.. dollars. Nite Owl Prints will not be responsible for any duty or Custom’s charges imposed by the country to which we are shipping. We will not under-value your shipment to reduce these fees.
13. You agree to indemnify and hold harmless Nite Owl Prints, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the files and content you provide to Nite Owl Prints in order to use our services for completing your Project.
14. You use Nite Owl Prints services and this website with the full agreement that Nite Owl Prints and its officers, employees, agents, vendors, affiliates or subcontractors are not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, loss of goodwill or other intangible losses resulting from:
a. Your use or inability to use this website to order a Project; b. Any cost to obtain any replacement or substitute goods and services should we be unable to complete production of your Project; c. Access to or alteration of your Project files or data, outside of Nite Owl Prints’ control; d. Delays in delivery of your Project; or e. Any other matter arising as a result of submitting, preparing or delivering your Project.
15. Nite Owl Prints is not responsible for failure to deliver your Project due to weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, acts of God or other circumstances beyond our control.
16. Nite Owl Prints will attempt to keep confidential all data and proprietary information provided to us for your Project. Any customer data lists you supply will be irrevocable destroyed upon completion of your Project. However, we are not responsible for any unintentional misuse or transmission.
17. Nite Owl Prints will keep its customer data confidential, and will not rent, sell our exchange your data with any other entity. However, we are not responsible for any unintentional misuse or transmission.
18. By entering into a transaction with Nite Owl Prints, you are agreeing to receive email from Nite Owl Prints. You may unsubscribe to our emails at any time by following the “unsubscribe” directions included in each email.
19. Your use of Nite Owl Prints to complete your Project is at your sole risk. There are no warranties of any kind, express or implied, that Nite Owl Prints’ offering will meet your requirements; be secure, error-free and/or uninterrupted; or will meet any deadline, stated on otherwise. We do not guarantee that the Project you order from this website will be accurate or reliable beyond what is stated above. We do not guarantee that the quality of any Project you purchase will meet your expectations.
20. Nothing you receive from Nite Owl Prints, in writing or verbally, directly or implied, will override these Terms of Service.