SDC Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of SDC Inc. and this Site. By accessing or using SDC Inc. and 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 SDC Inc. and this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

SDCPRINTS.COM® 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.

Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of SDC Inc., and/or its subsidiaries (referred to herein as “SDCPRINTS”) or the copyrighted property of parties from whom SDCPRINTS has licensed such property. All rights in this Site and its Content are reserved worldwide. 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. SDCPRINTS reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or SDCPRINTS remain the property of SDCPRINTS and its licensors. The use of logo design tools and SDC designers provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. SDCPRINTS 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 logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other SDCPRINTS customers may use the design tools to create logos that have similar or identical combinations of these elements and SDCPRINTS does not guarantee that your logo will not have similarities to logos designed and used by other parties. SDCPRINTS provides no warranty of any kind that logo 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 logo design is legally available for your use and does not infringe the rights of another party. Logos/Art created by SDC designers are for use only through SDCPRINTS.COM print products and promotions. If you require trademarks for designs, all requests to do so will be submitted at time of request. Transfer of rights for use of logos created by SDCPRINTS will be transferred at a minimum fee of $20,000.00. Added cost may apply based on extra requirements needed based on logo detail. Transfer of rights for art layouts other than logo will begin at $5,000.00 with increased costs based on scope of work. All trademark requests will include all fees required in obtaining trademarks including design fees for full rights to do so. Eflyer use is limited to one (1) year after approval if purchased under discount rate special or without a full subscription. For extended use of Eflyer product must be purchased under normal terms including a full subscription "SDC Pro Account" – use of Eflyer will terminate upon the termination of subscription. Any Print Contract Discounts that may apply to any project for time spent on layouts will be void and forfeit with any copyright violation and/or violation of SDC terms. All forfeited discounts will be due immediately not including any fines that may also be due for violation of use - fines listed below.

Art Time/Art Layout Fees:

Any Art Time or Art Layout billed is only to cover any back and forth during the proofing process or consultation process. Art Time/Art Layout fees do not transfer any rights of the design, as all rights and licenses remain solely with SDC unless a specific contract and license number have been designated, issued, and executed for the project prior to beginning work.

Regarding SDC Print Contract Designs, Terms, and Products:
SDC offers a discounted program for customers requiring professional services at reduced rates. Designs or print products requested under the print contract are created at significantly discounted costs, while retaining all image rights exclusively with SDC. No rights are transferred with the design under a Print Contract; the images remain the sole property of SDC.

Should a customer wish to own the rights to a logo image, the full rights purchase price will be determined at the time of the work request, with a minimum cost of $20,000.00 and increase based on scope of work. Any request to purchase rights to a logo after use has begun may incur added charges. Only logos have the ability for rights transfer from SDC.

All designs created for print or marketing purposes remain solely the property of SDC and are retained within the SDC system for printing exclusively through SDCPRINTS.COM. SDC sells prints and marketing packages, not art.

Products/orders under the Print Contract receive a Print Contract Discount, lowering the standard price for customers using SDC art under a Print Contract. However, these discounts will be forfeited if SDC terms are breached or violated. Any discounts offered during the print contract term from inception to present will be forfeited and payable to SDC for violation of SDC terms.

Print Contract products and discounts do not transfer any image rights or proofs created. All print contract products are only permitted for printing through SDCPRINTS.COM. No rights or licenses are transferred under the print contract.

The term "Print Contract" listed on art/products/invoices refers only to contracted discounts for print products through SDCPRINTS.COM when using Print Contract images created solely for use by SDCPRINTS.COM. No rights transfer for any Print Contract image and/or products.

Notice Regarding Legal Fees for Forfeited Discounts:
Any legal fees incurred by SDC to obtain payment for forfeited discounts due to violation of SDC Print Contract terms will be the responsibility of the party in violation of SDC terms. 

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 SDCPRINTS (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 SDCPRINTS does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SDCPRINTS. 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 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. SDCPRINTS may terminate its service to customers found to be using SDCPRINTS 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 SDCPRINTS to produce the Products on your behalf. You grant SDCPRINTS the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit SDCPRINTS to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. SDCPRINTS reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership of printed product 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 (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site. No transfer of art rights to third party printers or marketers will transfer from SDC.

Terms of Use: Transfer of Ownership
When transferring ownership of electronic files or images purchased from SDCPRINTS.COM, please note the following conditions:

1. **Written Notice Requirement:** Ownership transfer will only occur when accompanied by a written notice of full transfer of rights issued by SDCPRINTS.COM. This notice must expressly state the transfer of all associated rights to the purchaser.

2. **License Number:** The transfer of ownership must be accompanied by a specific license number provided by SDCPRINTS.COM. This number serves as a reference for the transferred rights.

3. **Receipt Documentation:** A receipt detailing the transfer of rights and specifying the purchased item must also be provided. This documentation ensures clarity and accountability in the ownership transfer process.

Adherence to these terms is essential to maintain compliance with licensing agreements and to facilitate a smooth transfer of ownership. Failure to comply may result in the invalidation of the transfer and may lead to legal consequences. 

Indemnification

You agree that you shall indemnify and defend SDCPRINTS and all parties from whom SDCPRINTS has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Color Variations Disclaimer

Please note that product colors and proof colors viewed on this site may vary from the final printed product. Colors displayed on computer monitors may appear differently on various monitors and may not accurately represent the final print product. SDC does not accept responsibility for any color variations between digital proofs and the actual printed items.

If precise color matching is essential, we strongly advise ordering a print sample prior to placing your order. Once orders are placed, they will proceed directly into production, and we cannot guarantee exact color matches based solely on digital proofs or submitted art files.

Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond SDCPRINTS control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. SDCPRINTS does not proof documents created by its customers prior to processing. If a SDCPRINTS designer is hired to help create your design, you are still responsible for checking all items of your proof. Once proof is approved the full responsibility falls upon you for making sure you have reviewed all details of your project.

Limitation of Liability
IN NO EVENT SHALL SDCPRINTS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SDCPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SDC INC. OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SDCPRINTS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is SDC INC., a limited company organized under the laws of the United States with its headquarters in Virginia Beach, VA. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in The United States of America. You agree to submit to the jurisdiction of courts sitting in The United States of America and agree that venue in these courts is proper in any such legal action or proceeding.

Legal Consequences Notice
Violation of SDCPRINTS.COM Terms of Use regarding the use of designs/images, transfer of rights, breach of contract, cancellation of orders after proofs, and non-payment may result in legal consequences.

1. **Fines and Legal Fees:** Any legal fees incurred by SDCPRINTS.COM to defend its rights due to violations of the Terms of Use, including breach of contract, use of images without license, creating derivative works without license shall be paid in full by violating party. You agree to reimburse SDCPRINTS.COM for any legal fees and damages resulting from such violations that require SDC to take action to protect its rights.

2. **Design Services Payment:** In the event of non-payment for design services, the customer shall be required to compensate SDCPRINTS.COM at a minimum rate of $350 per hour for the time spent on the project. Minimum fee of $650.00 for all T-shirt Designs plus any additional fees for added services/design time. Design service payment is only for time spent on a project. Design services payment does not transfer any rights. All designs created by SDC are only for use in the SDCPRINTS.COM system and SDC remains the owner of all rights of the images.

3. **Cancellation Fee:** Any order cancellation made after 48 hours of the initial request or after 5 hours of a rush service request will incur charges as noted in the cancellation fee schedule outlined in these terms. Please review the cancellation charges and cancellation fee schedule carefully before proceeding with your order.

Violation of Use Fines

**Legal Notice:**
Violation of SDCPRINTS.COM Terms of Use may result in legal action and financial penalties. Please be aware of the following consequences:

1. **Legal Fees:** Any legal fees incurred by SDCPRINTS.COM to defend itself against or prosecute any party for violation of its terms of use, breach of contract, cancellation of orders after work has begun, or unauthorized use of SDC designs/images without the purchase of a license of rights will be billed to the party in violation. The party in violation agrees to reimburse SDCPRINTS.COM for all legal fees incurred.

2. **Design Services Payment:** Failure to pay for time spent by SDCPRINTS.COM designers in a timely manner will constitute a breach of contract.

3. **Cancellation Charges:** 
For any job canceled after work has begun, the following fees will apply:

A. **Design Time Fee:** $350.00 per hour for any design time spent on the project. Design time fee is for time spent in any design process to create an image. Design time fee does not transfer any rights of image. All images are created only for use through SDCPRINTS.COM.

B. **Cancellation Fee Schedule:**
i. $1000.00 cancellation fee for any job canceled prior to proof after 48 hours of the design process starting or after 5 hours of a rush service request.
ii. $2500.00 cancellation fee for any job canceled after the initial proof.
iii. $5000.00 cancellation fee for any job canceled after proof approval.

4. **Copyright Infringement Policy and Violation Fines:**
Any use of SDC images without the purchase of full rights will be deemed as willful infringement of SDC copyrights and carries a minimum fine of $150,000.00 per infraction. In addition, an infringer of a work will also be liable to pay for statutory damages and the attorney’s fees incurred by the copyright owner SDC to enforce its rights.

- Unauthorized use of SDC Inc. images on web or social media and/or derivative works: Minimum fine of $1000 per infraction/post/platform.

- Unauthorized use of SDC Inc. images in printed materials/signage/marketing materials and/or derivative works: Minimum fine of $5000 per infraction, product, or style.

- Unauthorized use of SDC Inc. images in printed materials/signage/marketing materials and/or derivative works for resale, printed/manufactured by any company reproducing SDC art: Minimum fine of $10,000 per infraction, product, or style. Printing/copying/replication/creation of derivative works of menu templates or website templates created by SDC carry a minimum fine of $150,000 for willful infringement of intellectual property.

- Failure to comply with fines for unauthorized use may result in full prosecution under U.S. Copyright laws, with potential penalties exceeding $250,000. All legal fees and statutory damages incurred by SDC to defend itself will be payable to SDC by the parties in violation of SDC terms.

Please be aware of these service and cancellation fees before initiating any project with SDCPRINTS.COM. Thank you for your understanding.

Refund Fees

If a refund is requested for an order made by mistake. The transaction fee portion charged by merchant services of the amount paid will not be refunded if not returned from merchant service. SDCPRINTS.COM cannot pay fees for mistakes made by shoppers incorrectly ordering products. If a refund is completed and a fee is charged by merchant. A bill will be issued to customer for the amount charged.