LEGAL CLAIM

NOTICE
Please read the Terms & Conditions carefully. By accessing this website and/or placing print or product orders, you agree to be bound by the Wasylenko Enterprises Terms & Conditions. If you do not agree to the Wasylenko Enterprises Terms & Conditions, please do not access this website. Wasylenko Enterprises, AffordableFullColor.com and WebPageByDesign.com reserves the right to change, modify and/or amend these Terms & Conditions at any time without prior notice to anyone.


GOVERNING LAW/SERVERABILITY/SURVIVAL/STATUTE OF LIMITATIONS:
Wasylenko Enterprises (further referred to as WE, also known as: Affordable Full Color, We Have Sports or Web Page By Design) is based in the state of Georgia and a Clayton, Missouri PO Box is currently being used. Any legal action and/or proceeding relating to and/or arising from your access to and/or use of this site and/or any site relating to WE, as well as any design and/or development work including but not limited to graphic design, web design, web development, print and/or print design, etc, shall be instituted in the state and county where WE is based at the time of such action.

You agree any cause of action of yours with respect to these Terms & Condition must be filed in a court of competent jurisdiction, within thirty (30) days after the cause of action has arisen, in the state and county where WE is based at the time of legal action and/or proceeding, and you further agree that venue in these courts is proper in any such legal action and/or proceeding, or such cause will be barred, invalid, and void.

If any provision of these Terms & Conditions is invalid and/or unenforceable, such will not render all the Terms & Conditions unenforceable and/or invalid but rather the Terms & Conditions will be read and/or construed as if the invalid and/or unenforceable provision(s) are not contained therein.


ORDER APPROVAL
Customer is fully responsible for final proof and/or layout approval prior to the printing process.

WE IS NOT & WILL NOT BE LIABLE for errors in a final product caused by, including but not limited to, any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect and/or Missing Folds or Finished Product Size.

By submitting any file(s), document(s) and/or approval(s) to WE, you agree to the following terms. You have verified that spelling and/or content are correct. You are satisfied with the document layout. You understand that the document will print EXACTLY as it appears, that you cannot make any changes to the file and/or to the production schedule once the order is placed and/or you assume all responsibility for typographical errors.


COPYRIGHT
All material and software Copyright (c) 2004, 2005, 2006, 2007, 2008 WE. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy and/or republish any and/or part of the material and/or software contained on any WE web site(s) and/or its subsidiaries (referred to herein as Affordable Full Color and/or Web Page By Design) and/or the copyrighted property of parties from whom WE has licensed such property.

You may not place and/or reproduce any trademarks, service marks, and/or logos that are not owned by you and/or licensed to you onto materials and/or WE to use and/or print said materials. Words, names, and/or designs used to identify services and/or products are considered trademarks, service marks, and/or merchandise to be printed via WE services. By submitting and/or approving a design that contains copyrighted and/or trademarked materials, you are authorizing logos.

The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and/or other authors of original works. The copyright owner's exclusive rights prohibit the reproduction of any original work. WE policy also states that you cannot use explicit language and/or pornography on printed materials and/or merchandise without prior authorization from WE.


CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages and/or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not WE, are entirely responsible for all Content that you use from the WE Gallery and/or send, upload, post and/or otheriwse transmit via this and/or any other Service. Recognizing the global nature of the Internet, you agree to comply with all local laws and/or rules regarding online conduct and/or acceptable Content. You agree to not use the Service to send, upload, post and/or otherwise transmit any Content that contains (i)child pornography and/or anything indecent, obscene, lewd, lascivious, filthy and/or vile content; (ii) a threat to kidnap and/or injure a person, a threat to injure the personal property and/or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, and/or a threat of blackmail; (iii) any matter advocating and/or urging treason, insurrection, and/or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person and/or company; and/or (v) any content that infringes the intellectual property rights and/or other proprietary rights of WE and/or any third party. WE does not control the Content posted by Customers and/or does not guarantee the accuracy, integrity and/or quality of the Content. Under no circumstances will WE be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent and/or objectionable. Products and/or services are provided for your personal use only. You agree to abide by these terms of service and/or not to use these products and/or services and/or related messages for any unsolicited and/or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," and/or any other form of solicitation.

You agree that you are responsible for protecting your password and/or controlling access to your registered account(s). You agree that you will be responsible for all orders placed and/or other actions that are taken through your registered account(s).

You acknowledge that WE does not pre-screen Content, but that WE and/or its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service and/or may otherwise be objectionable. You further acknowledge and/or agree that WE may preserve necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; Content and/or may also disclose Content if required to do so by law and/or in the good faith belief that such preservation and/or disclosure is reasonably and/or (d) protect the rights, property, and/or personal safety of WE, its users and/or the public.

You agree that WE may, from time to time, run overages of your order(s) and/or include your design, logo, photo(s), likeness, copyrights, trademarks, graphics, etc. in advertising media used by WE, at no cost to Customer. These overages and/or other media will only be used as samples and/or for sales purposes. WE retains the rights to any artwork, templates, backgrounds, etc. for use in any media. No file, video, graphic, artwork, etc. may be used, reproduced, copied, downloaded, transferred and/or stored without prior written approval from WE.


LIMITATION OF LIABILITY
In no event shall WE and/or its licensors, suppliers, and/or vendors, their officers, directors, employees, and/or agents, be liable for any special, incidental, indirect, and/or consequential damages of any kind, and/or for any damages whatsoever resulting from loss of use, data and/or profits, whether or not WE has been advised of possibility of the damage, arising out of and/or in connection with the use and/or performance of the site and/or of failure to provide services that you order from WE and/or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, and/or interruption of service. In no event shall WE be liable and/or responsible for any damages and/or consequences arising from and/or related to your inappropriate and/or unauthorized use of the site(s) and/or its content.


INDEMNITY
You agree that you shall indemnify and defend WE and/or all parties from whom WE has licensed portions of Content, and/or their directors, officers, and/or employees, against all claims, liability, damages, costs and/or expenses, including reasonable legal fees and/or expenses arising out of and/or related to (i) your breach of these Terms & Conditions and/or (ii) any suit, claim, and/or demand arising from and/or relating to any text, photograph, image, graphic and/or other material incorporated into Products.


DESIGNING FILES
Prices listed on the site(s) may NOT include design work, shipping and/or handling. WE does not provide any design files but recommends www.AffordableFullColor.com for your design needs.


CUSTOMER SUBMITTED ARTWORK AND/OR GRAPHICS
All artwork and/or designs and/or images must be provided in CMYK color mode and preferably in PDF format. WE is not responsible for any color shift that occurs and/or may occur in conversions from RGB to CMYK color modes.

All artwork, designs and/or images must be provided at a minimum of 300 DPI and in CMYK color mode. WE is not responsible for images printed as, including but not limited to, fuzzy, distorted and/or pixilated due to customer provided artwork.


COLOR PROOFING & MATCHING
WE is not & will not be liable for color matching and/or ink density on proofs approved by the customers. Proofs will predict design layout, text accuracy, image proportion and/or placement, but not color and/or density.

CMYK color mode is used for printing. RGB is how monitors show colors. Sometimes, printed colors are different from what is seen on-screen. WE will try it's best to match the gradient density of each color; WE is not & will not be liable for the final appearance of a color.

PROOFS
WE highly recommend Customers purchase a Hard Copy Proof to verify color correctness and/or to catch any typographical errors and/or omissions. By choosing not to obtain a proof, although it expedites your job, there are known risks. By choosing this option, you approve this job to print, "as is" and/or accept full responsibility for all content and/or typographical errors and/or understand that there will be no refunds if there are any problems with the job. When not ordering a proof, your job will be processed immediately. By not ordering a proof, you understand that once a job is submitted, changes cannot be made either to the file and/or to the production schedule requested.

Application of UV Coating may effect and/or change the appearance of the printed colors. WE is not & will not be liable for the final color appearance of UV coated product(s).


ORDER CANCELLATION
WE will be happy to help cancel any project prior to approval. However, cancellation requests must be submitted via email AND require an immediate follow-up phone call by Customer. Our Customer Service Team will inform Customer of any cancellation charges depending on the stage of the job.

Technical difficulty will NOT be grounds for project cancellation. In addition, failure on the part of Customer to successfully provide any required artwork, images, text, communication and/or any other information deemed necessary to complete a project in a timely manner, will NOT be grounds for project cancellation.
It is the sole responsibility of Customer to provide all resources needed to complete a project unless other arrangements have been made.

WE makes every effort to communicate effectively with Customers.
If Customer has not received any correspondence and/or limited correspondence from WE within a reasonable amount of time, Customer agrees to call, email and/or communicate in whatever means necessary, at the cost of Customer, to ensure completion of any project Customer has initiated.

If a project is canceled for any reason, any labor hours (graphics design, logo design, etc.), existing print (proof, etc.) and/or administrative fees and/or costs (credit cards or processing fees, etc.) may be non-refundable. There is a minimum fee of $20 for any project cancellation, which may be waived at the sole discretion of WE.
Please allow from one to two billing cycles for WE to process any refunds (less any fees that are due).


RETURNS AND/OR REFUNDS
Since each order is unique to each customer and/or has no re-sale value, All Sales Are Final. If WE verifies that WE made an error, WE will re-print the order. No Refunds and/or Credit.

Customer must notify WE within 7 calendar days of order acceptance to inform WE of any defects discovered in the ordered product. In order to receive eplacement, Customer must return 100% of the product within 14 calendar days (at Customers' own expense) from the time when the ordered product delivery was taken.

All charges related to expedited printing (Rush Printing and/or Shipping) are NOT REFUNDABLE, including but not limited to those orders that are returned for any reason.


ORDER SHIPPING AND DELIVERY
WE will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall WE be liable for any consequential and/or damages resulting from any delay in shipment or delivery.

All WE customers agree NOT to hold WE liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues and/or any other circumstances beyond direct control of WE. WE shipment and/or delivery dates are calculated based upon estimates provided by shipping companies, suppliers and/or vendors of WE.

WE will always act to make sure that delivery schedules are met to the best of the ability of WE. However, unexpected equipment failure, malfunction and/or technical problems may delay the completion of project(s). In case of delay caused by technical difficulty, rush charges and/or fees will be refunded and/or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.


BILLING AND PAYMENT
Graphic design and/or printed items are 100% pre-paid prior to the start of a project unless other arrangements have been made with WE.

Website orders are billed as follows: Once a 'web site description' (number of pages, layout, color scheme, etc.) is decided upon, 50% of the projected project costs are to be paid in advance; the remaining 50% is to be paid when the previously agreed upon points and/or aspects of the site are completed to the satisfaction of WE. Additional time will be allowed to put the 'finishing touches' on the site; such as minor changes of content, arrangement of content, etc. Major changes to the originally agreed upon web site description will be billable at the then current hourly rate. Major changes include, but are not limited to, layout changes, graphic design changes, color scheme changes, etc.

If there are any additional fees incurred (ie: shipping, design, special order, etc.) that were not paid for during the checkout process, these fees will be billed separately and must be paid for in full prior to your project being fulfilled.

If there is no communication from Customer for a period of 30 days or greater, all work performed by WE will be considered completed in its entirety, and any payments and/or pre-payments made will NOT be refundable and any agreed upon fees which have not been paid in full, will be due and payable immediately.
No refunds will be given and/or no credit will be given for any project and/or projects beyond the 30 days mentioned above.


SHIPPING ERRORS & LOST PACKAGES
Lost and/or damaged claims can only be filed for shipments over $50.00 in value and/or can only be done after 30 days from package shipment. WE is not responsible for 3rd party shipping errors, omissions and/or damaged shipments. WE may assist Customer in reaching a adequate resolution with 3rd party shipping companies, at the sole discretion of WE.


CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not deliverable due to an error made by Customer in submitting the proper shipping information, WE may reship the package with corrected address and may charge an additional shipping fee for the shipment.

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WE is provided the following guidelines in an attempt to avoid any costly errors and/or delays. Please review your files attentively prior to sending them to WE.


SOFTWARE APPLICATIONS
Our preferred software application is Photoshop. However we do accept the following applications. QuarkXpress, FreeHand, PhotoShop, Pagemaker, CorelDraw, Illustrator, InDesign
If another application is used please contact us for further instruction. In addition, we prefer files created on a PC platform as opposed to a Macintosh.


FILE TRANSFER
We accept the following means of file transfers, although we prefer to receive files through our upload form. CD Rom, FTP, eMail or Zip.


CONVERTING TYPE TO PATHS
Converting type to outline paths is a useful way of providing a job without the need to supply fonts. This has a double advantage of ensuring that the text will not flow incorrectly on output. To convert type to paths consult the manual for your specific package. This is not recommended for type in QuarkXpress files.


EMBOLDENED/ITALICIZED FONTS
Many layout applications allow you to Embolden (make bold) or italicize type, without using the PostScript font associated with the typeface, by clicking on a B and/or I icon and/or selecting from a Style menu. This does not work with every typeface and/or can result in the text defaulting back to standard and/or Roman style on output. Please ensure you always use PostScript fonts wherever possible. Other style settings, such as outline and/or underline are acceptable and should work correctly. Never stylize a Multiple Master font. Otherwise, the results will be unpredictable.


ALL PICTURE FILES INCLUDED
Please ensure that all picture files are included with the job. Also make sure that they are the most up to date files and/or that the file specs are properly established within your page layout software. Please remember to also include files, which are embedded, nested and/or placed within other files. Failure to supply picture files is one of the most common faults, which delays production.


RESOLUTION
The resolution of a file is the number of dots per inch (dpi) it contains. As a general rule, between 300 and 400 DPI is best for a high quality output, but 300 should be an absolute minimum. The effective resolution is not necessarily the same as the file's native resolution. It is the resolution at which the file is RIP'd on output. For example a 400dpi file reduced to 50% dimension in a page layout package will have an effective resolution of 800dpi, but the same file expanded to 200% would only have an effective resolution of 200dpi.


CORRECT COLOR MODE
The color mode of a file is determined by its separate channels. The two main color modes are CMYK - Cyan, Magenta, Yellow and Black (or Key) - and RGB - Red, Green and Blue. CMY and K are the process colors used for full color printing. RG and B are the primary colors of light and are therefore for on-screen display only. Use ONLY CMKY for print work. In addition Grayscale is acceptable.


PATHS
Paths can be used for a number of reasons when creating a picture in an image-editing program such as Adobe Photoshop. One of the most common reasons is to 'clip' a picture, removing it from its background. When doing this, make sure all other paths are deleted and/or that the clipping path is correctly set in your editing software.


CORRECT FILE FORMAT
Pictures should be saved as EPS (Encapsulated PostScript) or TIFF (Tagged Image File Format) files wherever possible. When saving as EPS or TIFF do not use JPEG compression, use Binary.


HAIRLINE
A rule set to Hairline and/or 0pt will appear broken and/or not appear at all when output to a high-resolution imagesetter. This is because 'Hairline' is a vague measurement and/or can vary depending on output equipment. Desktop printers (even PostScript ones) may render a Hairline at between 0.3pt and 0.5pt, whereas an imagesetter will render it at 0.01 to 0.1pt. To be sure of rules appearing on the printed job please use 0.25pt as a minimum measurement. Also bear in mind that lines comprised of tints will not render as well as solid colored lines.


CORRECT COLORS FOR JOB
It is essential that any colors you use in your job are named exactly the same in all applications. PANTONE 280 CV and PANTONE 280 CVU may look the same and/or have the same color split, but because of the name difference it is read by the output RIP (Raster Image Processor) as two separate colors. You can ensure colors are set correctly in Duotones in PhotoShop by going into the general preferences dialog box and checking 'Use short PANTONE names'. If your job is a CMYK job, make sure all colors are converted to CMYK or they will not appear on the plate.


BLEEDS
Any image that bleeds must extend 1/8". All type and graphics not intended to bleed, must be a minimum of 3/16" clear and free from head, foot, gutter, face or trim area.


WE reserves the right to refuse service without disclosing any reason(s).