ACCEPTANCE OF TERMS AND CONDITIONS
Please read the entirety of these Terms and Conditions carefully. These Terms and Conditions govern your use of these websites, SunlightDisplays.com (collectively with all related web pages and subpages, this “Site”). References hereafter to “SunlightDisplays.com,” “we,” “us,” or “our” refer to the company d/b/a SunlightDisplays.com.
By utilizing this Site via internet, email or other electronic communication, telephone, or in any other form, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted with respect to specific sections or services on this Site. Your access to this Site is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to any and all who access this Site.
USE OF THIS SITE
You are granted permission to access and use this Site solely to prepare and order products or services offered through this Site (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the content in this Site is authorized or permitted.
You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way or in connection with any way which is unlawful, illegal, fraudulent, or harmful.
You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, or other computer software, malicious or otherwise. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Site.
Orders must be paid in full at time of order placement by credit card or PayPal before production will begin. Payment by check is acceptable on a case-by-case basis; however checks of any kind must clear before production begins. All returned checks subject to a $100 fee.
A digital proof of each order will be provided to you via email. You must approve the digital proof in writing (email is acceptable) before production begins.
You may make changes to order at any point before providing final approval of the digital proof provided by SunlightDisplays.com. After receiving a digital proof, you are permitted up to three revisions at no cost, after which an additional revision charge of $30 per revision applies. After a digital proof is approved, the order goes into our production queue. Each revision at this stage costs 50% of the order total.
After a digital proof is approved, the order goes into our production queue. At this stage, cancellations are refunded 50%. SunlightDisplays.com makes no guarantees regarding how long an order remains in the production queue. Once an order is produced there are no cancellations or refunds.
We make no guarantees regarding production time. We estimate our typical turnaround time at two business days for production, finishing, and packaging. We will do our best to work with you to produce and deliver your order in a quick and timely manner. If you have any special requirements, please contact us and we will try to accommodate you.
We will reprint at no charge for any misprints or mistakes made by SunlightDisplays.com. We require four photographs of the error. We do not require returns in the event of a misprint or mistake.
Typically, the order is shipped via UPS. But you can choose the shipping service from UPS in the process of check-out according to your need. You agree that shipping for all Products is F.O.B. shipping point, with ownership transferring to you upon shipment. This means the risk of loss and title for your order passes to you when we provide your order to the UPS (or other carrier).
User content is any material submitted by you to this Site for any purpose, including but not limited to text and images provided for use in creation of Products. By providing any user content, you represent that you are authorized to use such content. You are solely responsible for your use of any user content you incorporate into Products you order. You agree not to include any text, image, design, trademark, service mark, copyrighted work, or other protected material of any third party in your user content unless you have the appropriate authority to do so. You warrant that your user content does not infringe upon any rights of any third party, including any intellectual property rights or rights of publicity or privacy, and that you have all required rights or permissions necessary to incorporate third party material into Products you order. 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 us to produce the user content on your behalf. You relinquish SunligthDisplay.com of any legal liability related to intellectual property violation and/or infringement, and assume sole responsibility and liability for any such violation or infringement. We reserve the right to modify user content to the extent necessary to conform to the Product. A digital proof will be provided to the customer for approval.
The trademarks, names, logos, service marks, packages, and any other intellectual property (collectively “IP”) displayed on this Site are registered and unregistered IP of SunlightDisplays.com. Nothing contained in these Terms and Conditions is to be construed as granting any license or right to use any IP without the prior written permission of SunlightDisplays.com.
We reserve the right to change, add, delete, or otherwise modify these Terms and Conditions at any time in its sole discretion. Any such change will be binding and effective immediately upon posting of the revised Terms and Conditions on this Site. Your use of this Site constitutes agreement to any revision of the Terms and Conditions. We reserve the right to change prices without notice.
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of New Jersey, without regard to its conflict of law provisions. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in New Jersey, as applicable, for any matter arising out of or relating to these Terms and Conditions, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in New Jersey, such personal jurisdiction shall be nonexclusive. Our failure to enforce any of these Terms and Conditions is not a waiver of any rights. If any provisions in these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions will remain in effect.
This Site is provided as is without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Indemnification AND Limitation of Liability
You agree that you will indemnify and hold harmless SunlightDisplays.com, its successors and assigns, and its directors, officers, employees, and agents against any and all claims, liability, damages, and costs and expenses (including reasonable legal fees and expenses) arising out of or related to (a) your breach of these Terms and Conditions, or (b) any suit, claim, or demand arising from or relating to any user content you provided for Products.
You agree that SunlightDisplays.com, its successors and assigns, and its directors, officers, employees, and agents are not and will not be liable for any special, incidental, indirect, or consequential damages of any kind arising out of or in connection with the use or performance of this Site or of failure to provide Products ordered from this Site, including without limitation, damages arising from mistake, omission, delay, or interruption of service.
You agree that SunlightDisplays.com’s entire liability, and your exclusive remedy, with respect to any Products provided under these Terms and Conditions and any violation of these Terms and Conditions is solely limited to the amount you paid for such Products. SunlightDisplays.com is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of its services or for cost associated with substitute services.