This Term of Use Agreement sets forth the standards of use between you and Absolute Color LTD, DBA Lithoninja.com (collectively "Lithoninja.com") online Printing Services. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. If you do not agree to the terms and conditions of this agreement, you should immediately stop all use of this website. Lithoninja.com reserves the right to change, modify or amend these terms and conditions without any notice. Your continue use of this website constitutes an acknowledgement and acceptance of Agreement of all its modifications. This Agreement may not be amended at anytime. This Web site is provided by Absolute Color LTD, DBA Lithoninja.com (referred to throughout this Web site as "Lithoninja.com") as a service to our customers. Please review the following basic rules that govern your use of the Lithoninja.com Website.
Please note that your use of the Lithoninja.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and Conditions.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Lithoninja.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site If your account is deemed terminated/deactivated, this will not affect your responsibility for payment(s) of job(s) already completed and/or in production.
NOTE: AS MORE FULLY EXPLAINED BELOW, LITHONINJA.COM. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Lithoninja.com. You represent that you are of sufficient legal age to create a binding and legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of the law to place a request in a false name or with an invalid or stolen credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent allowed by the law.
Lithoninja.com may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law. If your account is deemed terminated/deactivated, this will not affect your responsibility for payment(s) of job(s) already completed and/or in production.
Communication
Your use of this Website constitutes your agreement and consent that Lithoninja.com may communicate with you via electronically for all purposes. This includes all legal and notice requirements. All electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with Lithoninja.com and or with its representative(s). Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). If you do not consent to electronic communication method your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from Lithoninja.com. If your account is deactivated, you will remain responsible for payment of print jobs already competed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing", "in writing," "yes, I agreed" and shall comply with all statutory, contractual, and other legal requirements for a written agreement. All such electronic documents shall be legally enforceable and legally bound as a signed writing as against the parties subject to the electronic documents. All such electronic documents shall be deemed as an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. These electronic document(s) and any communication that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
Pay by credit card. This is simple and safe. Most of our customers pay this way. Our secure server scrambles your payment data so that only our computers can decode it.
Pay by pre-pay, cash or check. Choose this option and finish your order. After you're done, we will instruct you on how to submit cash or mail your check to us.
Pay on account. On account or purchase orders are available ONLY to government and educational institutions unless otherwise stated.
Unless Lithoninja.com agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Lithoninja.com or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Lithoninja.com will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event that Lithoninja.com and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Lithoninja.com may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance. Financial charge of 12% will be applied on your balance after 30 days.
Please note that no work will proceed on any print job in your order until Lithoninja.com receives full payment.
Our Sales Tax Policy
Lithoninja.com is required by law to collect sales tax on purchases in the state of Texas. Sales tax is calculated based on the printing and finishing product subtotal. If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order through the Site or please fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit department at (713) 996-9203. After receiving and verifying your certification, we will send you a confirmation Email of your change account status.
Refunds, Reprint or Order Cancellations
All sales are final. No refunds or credit are available unless artwork files have NOT been uploaded to our FTP site. On order that has been uploaded but has not gone into production, a $35 processing fee will be charge for each job cancellation plus any labor hours or administrative fees (credit card fees, etc.) will be subtracted from your total and the balance will be issued as credit toward your next order. If and order is cancelled after we have sent you a hard color proof, the charges for the hard copy proof are non-refundable and the balance of the order will be issued as credit toward the next order - No cash refunds are offered.
Since each order is unique to each customer and has no re-sale value to Lithoninja.com, All Sales Are Final. Customers must notify Lithoninja.com within 5 business days of receiving the printed product(s) to report any defects discovered. Please note that (100%) of the product MUST be return to Lithoninja.com at the customer's expense within 7 business days from date of delivery. Lithoninja.com QC staffs will inspect the returned product(s) prior to issuing a "reprint" notice. Should the claim be approved - a reprint will be process and shipped to the customer using the same shipping method chosen at NO cost to the customer. All charges related to the cancelled order such as (Rush, Hardcopy proof, Shipping) are NON-Refundable nor are they credited toward future orders.
Each order made from Lithoninja.com is a contract between you, as the customer making the order, and Lithoninja.com. The fact that you have made an order on behalf of a third party does not absolve you of liability to Lithoninja.com. As such, any decision by the third party not to accept the particular items printed or to cancel the order with you does not affect your liability to Lithoninja.com.
We stand 100% behind all our work but this guarantee does not cover for customer cause errors such as poor image resolution, using the wrong color mode, poor scanning of photographic materials, spelling, grammar and punctuation mistakes or incorrect copy contents.
Change Order
All jobs that have been approved CANNOT be altered or changed due to the automation workflow of Lithoninja.com. Any changes will result in delay of up to 4 additional working days. The result will also cost an additional $150.00 be added to your print order. Changes made before the digital proof are $15.00. A change order fee of $45.00 for any additional digital proof after the first was made will be applied to the order.
Submitting / Uploading Artwork Files
Our prepress department checks most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Lithoninja.com. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office. However, we also offer file preparation support services for an additional cost to assist you in preparing your files for printing.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Uploading requirements:
A minimum of 300 DPI at 1:1 ratio (or 100%) is required. Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Lithoninja.com does accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Designed in CMYK color mode and uploaded file to Lithoninja.com in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted to CMYK and Lithoninja.com is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable.
Color Accuracy
Lithoninja.com GUARANTEES that its printing will meet CMYK print industry standard. We cannot guarantee "match-print" color fidelity and cannot prevent a slight color shift throughout an order. Lithoninja.com will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. Because we cannot control the color reproduction of a customer's monitor or inkjet printer, we cannot guarantee that the actual print color will precisely match any preview image that appears on your monitor or your printer. Lithoninja.com is not responsible for any color shift that occurs in conversions from RGB to CMYK color space or PMS Pantone color to CMYK color values with black, near black or gray tone. Digital proof does not guarantee black, rich black, near black or gray tone final printed output. For close results, always work in CMYK color space when working on your artwork. Lithoninja.com is not liable for color matching or ink density on screen proofs approved by customers. Lithoninja.com will not be responsible for color integrity with "post print options" such as UV Coating, Lamination, Aqueous Coating and vanishing may affect or change the appearance of the final printed color.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved. Please note that Lithoninja.com cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) you did not follow Lithoninja.com's guideline. Also note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent. By placing an order with Lithoninja.com you agree to all mention limitations.
Artwork Resolution
All artwork/images must be at minimum 300 dpi high-resolution images suited for commercial printing. Lithoninja.com is not liable for images printing as bitmaps, fuzzy, distorted, pixilated and low-resolution as the result due to customer provided artwork.
Rich Black/Black
Lithoninja.com prints all order in process color (e.g. CMYK). CMYK jobs that contain large solid areas of black ink should have the black value set at (60, 20, 20 100). Lithoninja.com will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification. (Do not use Rich Black on text and strokes).
Proofing – Hard copy/Digital
If you submit a job and do not request a hard copy color proof, your job(s) will be printed AS-IS. Lithoninja.com will not be liable for color variation from the soft proof (e.g. monitor). Lithoninja.com will make every effort to match the colors of your submitted artwork, whether your job is color critical or not. It is the customer's responsibility to determine if the job is color critical.
A hard copy color proof does not guarantee a reasonable likeness to the final printed pieces. Hard copy proof is printed on a substrate that does not match the final paper stocks used in our printing process. The hard copy color proof is color-matched to a four-color process on coated papers and does NOT simulate other stocks such as uncoated paper. While a hard copy color proof will visually show color, variation between the hard copy color proof and the final printed piece is to be expected. If a variation occurs due to these circumstances, the resulting printed job is considered an acceptable print performance.
Lithoninja.com assumes no obligation to proof or otherwise review the content or layout of your order. Even if a Lithoninja.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that Lithoninja.com will review any other order you place thereafter. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Lithoninja.com DOES NOT make any changes on customer files. Once you submit an order to the automated printing process you are agreeing that you have/are fully satisfied with the document layout and content and you are accepting full responsibility for any errors therein. Lithoninja.com will assume that you have/and verified the spelling, grammar, content and layout, etc. are/is all correct and it will not accept any liability for errors such as misspelling, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
Lithoninja.com does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for each product(s). If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
If you order a "Next Day Hardcopy" proof, your order must be placed, all files uploaded, and all files approved by 1:00 P.M. CMT in order for us to promise a next day delivery of your proof. If you order a "Next Day Hardcopy" Proof and you order booklets, catalogs, newsletters or calendars product, our cut off time is 11:00 A.M CMT for these products. If you want more than one Hardcopy proof per job, we reserve the right to charge an additional $5 per page (for booklets and other multi-page products) or an additional $20 per proof (for all other products).
** Lithoninja.com recommends that if your order is "color critical" please order a digital "Hardcopy Proof". Depending on the size of your order Lithoninja.com may require that you receive a "Hardcopy Proof" in which case there will NOT be any charge to your order.
Over/Under-runs
Lithoninja.com reserves the right to over or under-run not to exceed 5% of all order. If a job is short more than 5%, Lithoninja.com will credit the percentage short toward future orders or at Lithoninja.com's discretion will reprint the under amount for jobs shortage of more that 10% of ordered quantity. We suggest when ordering order to account for this over/under percentage. If an exact count is critical, please contact our representative. Additional fees may apply if absolute quantity is request.
Printing Turnaround Time (PTT)
Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Shipping time is base on the shipping method that was chosen during your checkout. Due to our automated tracking once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.
PTT begins once your order has been placed and your print-ready files have been uploaded with your order and is attached to your printing job, and approved for printing. If you order a next day hardcopy proof or standard hardcopy proof, PTT begins when we receive approval for your proof. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to "Need Artwork" and your printing turnaround time will be reset. For printing jobs that do not have complete digital source files provided, PTT begins when we have your print-ready file(s) for your print job, not from when the order is first submitted. If your job or proof is approved by 6:00 P.M. CMT (printing turnaround time begins that next following business day. For example: a job for three-day printing turnaround that you approved by 6:00 P.M. CMT on Tuesday will be shipped out to you by end of business Friday. Please note that Lithoninja.com offices are closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.
For your convenience, depending on the product ordered, Lithoninja.com offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with product as part of the order process.
Next Business Day -- all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been received before 10:00 a.m. the following business day.
Next Day + 1 - - all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready the by the end of the second business day after receipt. Production ready jobs not placed and confirmed by 1:00 p.m. will be treated as having been received before 1:00 p.m. the following business day.
2-4 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the second business day after receipt and 1:00 p.m. on the fourth business day after receipt.
5-7 Day -- all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the fifth day after receipt and 1:00 p.m. on the seventh day after receipt.
Please note: – Turnaround times for jobs that Lithoninja.com does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.
To qualify for same day PTT - selected products, your order must be placed, all files uploaded, and all files approved by 6:00 A.M. CMT. If an order qualifies for same day printing turnaround, it will be shipped or ready for pick up between 5:00 – 9:00 P.M. CMT, the same business day. Orders with same day printing turnaround placed on Saturdays, Sundays or Holidays will be processed the next business day.
Printing turnaround time for jobs with approved payment and accepted print-ready files is guaranteed. The remedy for failing to meet a deadline is limited to a refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing during the order (e.g., note posted to order) when placing the original order that a job in the order is "time sensitive" and must be shipped by target date based on printing turnaround option selected.
** The ONLY other restriction to PTT would be if your order is held up in accounting due to Non-sufficient funds, payment method is decline, or any other reasons beyond the control of the production department.
Shipping
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site.
All shipping except Special COD is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
For Special COD delivery (i.e., Air Cargo, Greyhound, or other shipping methods), there is a processing fee payable to Lithoninja.com at time of purchase for making all necessary arrangements with the carrier. In addition, the customer pays the shipping charge at time of delivery. The Special COD shipping charge is set by the carrier, and orders shipped by COD must be picked up at the carrier's location. Delivery to your door is not included or available when you select Special COD shipping options.
Shipping transit times vary, and Lithoninja.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Pick Up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
You agree that shipping terms for all Lithoninja.com products are shipped "Freight On Board Shipping Point" or "F.O.B. Shipping Point" – Title and Risk of loss transfers to you at time of shipment or pickup.
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Lithoninja.com is not responsible for 3rd party shipping errors, omissions or damaged shipments.
Lithoninja.com's responsibility is limited to preparing your printing order for shipping. Lithoninja.com is not liable for damages that occur in or during shipping.
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Site Content") are intellectual property and copyrighted works of Absolute Color LTD (DBA Lithoninja.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Your use of this Website and/or any of its Site Content does not convey to you or any other person an interest of any kind written or implied to the Site Content.
Corporate Identification and Trademarks/Copyrights
"Lithoninja.com", "Lithoninja.com", and any and all other marks appearing on this Site are trademarks of Absolute Color LTD (DBA Lithoninja.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Absolute Color's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Absolute Color LTD prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by Absolute Color LTD in writing. All other Trademarks, production names, and company names and/or logos mentioned on this Website are the property of their respective owners.
Limitation of Liability / Disclaimer of Warranty
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LITHONINJA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. LITHONINJA.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. LITHONINJA.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. LITHONINJA.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF LITHONINJA.COM OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL LITHONINJA.COM, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT LITHONINJA.COM HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM LITHONINJA.COM (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
LITHONINJA.COM, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO LITHONINJA.COM (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL LITHONINJA.COM BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
Governing Law
The internal laws of the State of Texas shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Houston, Texas for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site. Furthermore, regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Houston, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. We make NO representation that our websites or services are appropriate, legal or available for use in other locations. If you choose to access our website, you are absolutely agreeing to do so subject this governing law set forth.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason. Your account and or your right to utilize the services made available through this Website in the event that it determines or/and has reasonable grounds to suspect that you are in violation of the Site Terms and Conditions.
Notwithstanding any of these Site Terms and Conditions that may suggest otherwise, Lithoninja.com reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms and Conditions shall still apply.
If your account is deemed terminated/deactivated, this will not affect your responsibility for payment(s) of job(s) already completed and/or in production.
Indemnification
You agree that you shall defend, indemnify and hold harmless Lithoninja.com and ALL its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this Lithoninja.com, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are ULTIMATELY responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations. The fact that you have made an order on behalf of a third party DOES NOT absolves you of liability and obligation to Lithoninja.com. As such action, any decision by the third party not to accept any/all particular items produce or cancel with you DOES NOT affect your liability and obligation to Lithoninja.com.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Lithoninja.com, and are neither its employees nor agents.
Privacy
You confirm that you have read, understood and agree to the Lithoninja.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Lithoninja.com, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Lithoninja.com Privacy Policy.