Dadyu - 3D

Terms & Conditions

Please read these Terms of Service carefully. These Terms of Service govern your access to this site and our products. DADYU provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when using particular DADYU services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services, which may be posted on our site or on the sites of our affiliates or subcontractors, from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

DADYU currently provides users with access to a large collection of on-line design, marketing and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DADYU features, shall be subject to these Terms of Service. You understand and agree that the Service is provided "AS-IS" and that DADYU assumes no responsibility for deletion, mis-delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.

1. DADYU cannot, and does not, check any submission for spelling, grammar, or any other errors. The design will be printed or published as it appears during the approval step. It is the sole responsibility of the customer to ensure that all materials submitted for printing or publishing are formatted correctly.

2. For Printing Products, DADYU guarantees prints will not be defective in accordance with CMYK and the PMS industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. DADYU does not guarantee color will match the preview as it appears on a customer's monitor, as we cannot compensate for color variance on each customer's monitor. DADYU is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS color modes. We recommend all custom designs be designed in CMYK (For Paper Products) and in PMS colors (For Promotional Products) and uploaded in EPS or PDF Format and all fonts converted to outlines. We ask you to design using our preferred color profile for better color accuracy. DADYU uses the Standard PMS Pantone and The Standard CMYK Systems for art prep. .
If a print is found to be defective due to the fault of DADYU, then you may contact DADYU to request a reprint. DADYU must be contacted via e-mail at customerservice@dadyu.com within 15 days of receiving your order.

If product is deemed defective due to the fault of DADYU, one of the following resolutions will be offered:
A. If a reprint is requested, and the product is found to be defective, DADYU will reprint at no charge to the customer with the same production and delivery terms extending from the time of resolution. Samples may be requested prior to any action being taken; or
B. If a refund is requested, a Customer Retention representative will contact you to help issue your RMA (Return Merchandise Authorization). Customer must contact a DADYU representative within five business days of communication from DADYU' Customer Retention representative to verify the request. DADYU reserves the right to request and review samples of the claimed defective product before issuing a RMA. If the product is found to be defective due to customer error, a RMA will not be issued and a refund will not be authorized. If the product is found to be defective due to a DADYU error, the product must be returned. The product must be received by DADYU within 15 days after RMA is issued. Refunds will be processed only after an RMA has been issued and the entire product has been returned to and reviewed by DADYU.

3. Although refunds will not be offered for customer errors, DADYU may permit the customer to correct their error and reprint the original order at 90% of the cost for each reprinted item. In such event, customer will be responsible for all shipping costs.

Customer errors include typos, incorrect file submission in accordance with our specifications, duplicate orders, misunderstandings of turnaround time stated on our FAQ page, slight color variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and folding tolerances within stated limits on the website, undeliverable packages/3rd delivery attempts and orders returned without an RMA. Other errors that customers are responsible for include blank cards, borders incorrect card orientation, crop marks, incorrect folding orientation, hard to read text and images, missing logos, mini images, images that are not full bleed, colors that are out of gamut, designs that are outside of our stated safe zone and pixelated files.

The following errors are also deemed customer errors and do not qualify for a free reprint:

(i) Designs where the text and other graphical objects are not placed well within the safe zone. DADYU recommends that text and other graphical objects be placed well within the safe zone. Customers should leave some space between the objects and the safe zone boundary;
(ii) Files that are submitted only to the trim line. This type of error may result in a product with an unaligned white border. DADYU recommends all backgrounds be designed to extend to the full bleed line;
(iii) Designs that have a border;
(iv) Files with rounded corners designed into the image.

4. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the DADYU Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.

5. You acknowledge that DADYU may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on DADYU' servers for Customer use. You agree that DADYU has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that DADYU reserves the right to delete Content stored on the Service, which is inactive for an extended period of time. You further acknowledge that DADYU reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.

6. This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as "Content"). It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. DADYU reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. DADYU reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of an image design and/or your incorporation of an image design into one or more products. Other DADYU customers may use the design tools to create images that have similar or identical combinations of these elements and DADYU does not guarantee that your image will not have similarities to images designed and used by other parties. DADYU provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the image design is legally available for your use and does not infringe the rights of another party.

You agree to comply with all rules, regulations and laws or other requirements regarding online conduct and acceptable Content. DADYU does not censor any material nor review material to determine whether it is in compliance with the law. DADYU accepts no liability for materials that are subject to copyright or trademark protections or that are otherwise in violation of the law. DADYU will not be held accountable for possession of illegal materials or illegal use of materials in connection with the Service. DADYU does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will DADYU be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.

While DADYU does not pre-screen Content, DADYU shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. You further acknowledge and agree that DADYU may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) Comply with legal process;
(ii) Enforce the Terms of Service;
(iii) Respond to claims that the Content violates the rights of third-parties; or
(iv) Protect the rights, property, or personal safety of DADYU, its users and the public.

7. You agree to indemnify and hold DADYU, and its subsidiaries, affiliates, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.

DADYU is allowed 5 business days from the time of notification to respond with one of the resolutions below:
      A. Store credit or refund may be given for dated material delayed in shipping.
      B. When lost packages cannot be located or are verified as having been damaged, DADYU will reprint with the same production and delivery terms extending from the time of resolution.
      C. If the lost package is located, DADYU will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by the carrier will be rerouted to the customer promptly upon discovery. Shipping carriers typically require a 10-business day window for refund of shipping costs.

8. DADYU is an international company with printing, servicing and shipping locations across the United States. While we make every attempt to ship from the location nearest you, your order may come from any of our locations. Please be advised that if you are ordering products with a tight deadline, you should contact us for freight estimate first for the best time arrival. Packages shipped outside of the country of origin may be charged a duty based on the receiving country's import tax. DADYU is not responsible for the payment of this fee.

9. You understand and agree that DADYU and its officers, employees, agents, vendors, affiliates or subcontractors, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DADYU has been advised of the possibility of such damages), resulting from:
(i) Your use or inability to use the Service;
(ii) Your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) The unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the Service;
(v) Delays in receipt of an order; or
(vi) Any other matter relating to the Service.

10. DADYU cannot be held responsible for any inability to print on the product after purchase. UV coated products cannot be printed on while matte covered products may require commercial printers. Please test using a sample and verify that your printer will work before placing an order. Samples can be ordered online. Problems printing on products using after-market printers are not a valid reason for reprint or refund.

11. DADYU does not refund, cancel or credit if the service failure is caused, in whole or in part, by acts of God, 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, or other circumstances beyond our control.

12. Orders may only be canceled through our website. Orders that have already printed cannot be canceled.

13. DADYU offers you the ability to use PayPal to complete your order. Please be aware that PayPal can take up to 30 minutes to confirm the purchase with DADYU. If DADYU receives the confirmation after our cutoff time of 5 PM PT, then your order may not process that night. Please place your order with Paypal at least 30 minutes prior to the cutoff time to ensure your order is available to process that night. DADYU cannot be held responsible for delays if PayPal confirmation arrives after 5 PM PT.

14. DADYU reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with DADYU. Any customer may opt out of receiving future contact from DADYU at any time, by unsubscribing from our email correspondence.

15. DADYU reserves the right to share contact information with its trusted and reputable corporate partners. These entities abide by their own terms of service and privacy policy. Any further information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party. However, we will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order.

16. DADYU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that DADYU, in its sole discretion, may terminate your account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if DADYU believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. DADYU may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that DADYU shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.

17. From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. DADYU does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that DADYU shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.

18. Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that DADYU shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.

19. Except as expressly set forth herein:
A. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. DADYU expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. DADYU makes no warranty that
      (i) The Service will meet your requirements,
      (ii) The Service will be uninterrupted, timely, secure, or error-free,
      (iii) The results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
C. No advice or information, whether oral or written, obtained by you from DADYU or through the use of the Service shall create any warranty not expressly stated in these terms of service.

20. The Terms of Service constitute the entire agreement between you and DADYU and govern your use of the Service, superseding any prior agreements between you and DADYU. As referenced in the following paragraph, you also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These Terms of Service and the relationship between you and DADYU shall be governed by the laws of the State of California, without regard to its conflict of law provisions. For the purpose of resolving any dispute, the state and federal courts located in Los Angeles
County, California shall have exclusive jurisdiction. The failure of DADYU to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. LINKS TO OTHER SITES: From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy.

22. MODIFICATIONS TO THE WEBSITE, PRODUCTS, OR SERVICES: We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.

23. REFUSAL OF SERVICE: We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms of Service. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our website, products, or services. We may refuse or terminate orders if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.

MAILING AND E-BLASTING SERVICES TERMS AND CONDITIONS:

In addition to the foregoing, the following additional terms and conditions apply to mailing list orders:

1. LIMITED RIGHT TO MAILING LIST PROVIDED BY DADYU: You will have a limited right as to the mailing list subject to these terms and conditions. Your sole right is a one-time right, to have DADYU obtain the mailing list and mail your product to the addresses set forth on that list. You agree not to sell, license, transfer or otherwise make available any portion of the information on the list to anyone outside of your business organization.

2. CUSTOMER RESPONSIBILITIES: You agree that it is your responsibility to understand and comply with all applicable foreign, federal, state, and local laws, rules, and regulations including, but not limited to, do not call and do not fax regulations. Customer acknowledges that it is aware that certain jurisdictions have enacted restrictions regarding direct marketing and customer understands that customer should consult with legal counsel regarding applicable laws before initiating a direct mail, fax or telemarketing campaign. You agree to indemnify and hold DADYU, its subsidiaries, affiliates, service providers and subcontractors harmless against all claims related, in whole or in part, any failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in LOS ANGELES, California shall have exclusive jurisdiction. You agree that such courts represent "convenient and appropriate" forums for this purpose.

3. EXCLUSIVE LIMITED WARRANTY: DADYU obtains its databases from various sources. DADYU cannot and does not assume any liability for the correctness or comprehensiveness of the mailing list. You will have 3 days after purchasing the mailing list to inspect and notify DADYU of any problems or mistakes. If DADYU is notified of any problem or mistake within 3 days from the date of your purchase then DADYU will correct the problem or, in its sole discretion, refund that portion of the purchase price relating to incorrect information. This warranty does NOT apply to printed and/or mailed products. Once the mailing list has been purchased, no refunds will be given. This warranty is a limited warranty and DADYU makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall DADYU, its subsidiaries, affiliates, service providers and subcontractors be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. If this limited warranty should fail of its essential purpose, and in all other cases, DADYU'entire liability shall be limited to the amount actually received by DADYU on account of your purchase.

4. All mailing list transactions are final. No refunds will be available on any list transaction unless covered in the aforementioned limited warranty. DADYU does not refund postage charges on mailed items. The addition of mailing services to a purchase should be expected to increase the shipment date of your order by two business days. DADYU cannot guarantee delivery times on items mailed through the USPS. In the event that there are more postcards than valid records in the mailing list, the excess postcards can be shipped to you at a cost or will be thrown away in an insecure location. Do not include confidential or private information in your postcard design.