TERMS & CONDITIONS

Welcome to ClevelandFilms.com. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. Cleveland Films Inc. referred to herein as “ClevelandFilms.com”, reserve the right to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

The customer is fully responsible for custom text final proof and layout approval prior to the printing process.  Any jobs that have been approved and/or or sent to press cannot be altered or changed due to the nature of the printing process, and no refund will be given.

ClevelandFilms.com, shall NOT be LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar,  Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment. 

An online proof will be sent your email for your review after you have purchased your print. We strongly urge customers to check the electronic proof of their artwork before submitting confirmation of their proof.  No job will be sent to press without your approval. 

An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. They also do not show the color change from RGB or Pantone to CMYK.  Therefore, ClevelandFilms.com, will not be liable for color variation between the proof and the printed product.  We will try our best to match the colors of the proof and the printed product but please understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer's responsibility to determine if the job is color critical.

The proof should be checked by you against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper 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. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the customer, agree to be held entirely responsible for all the content that you send, upload, transmit, or post to  ClevelandFilms.com. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. 

You agree not to use our Website to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property 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, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of  ClevelandFilms.com or any third party. 

 Under no circumstances will  ClevelandFilm.com be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable. 

You acknowledge that  ClevelandFilms.com does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. 

You further acknowledge and agree that  ClevelandFilm.com 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: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of  ClevelandFilms.com, its users and the public.

By ordering and using our graphic design services, you, the customer,  agree that all designs created and revised by employees of  ClevelandFilms.com are the sole intellectual property of ClevelandFilms.com  Therefore, this artwork cannot be released  to the customer unless there is a written agreement with payment  provided to compensate ClevelandFilms.com for releasing its  intellectual property and/or transferring over copyright rights.

All prices and amounts given on  ClevelandFilms.com are in U.S. Dollars (USD), unless otherwise noted. 

If a customer purchases any products or services at  ClevelandFilms.com, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method BEFORE we complete an order. We will not start working on a print job until we have received the full payment.

Once a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance. 

ClevelandFilms.com charges applicable Ohio State Sales tax based on all orders unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate at the time of order.

A processing fee equal to 15% of the total order amount (minimum of $15) will be charged for each job cancellation and printing downgrade (downgrade in quantity, paper stock, and shipping) if it is requested BEFORE it is sent to the press.  Once an order has been sent to the press and/or work has been started, the job CANNOT be changed (job cancellation and printing downgrade not allowed) and there will be NO REFUNDS.

All sales are final. Since we customize each order according to your file and exact specifications, no refunds will be given once ClevelandFilms.com starts working on your order. Usually, work will begin on your job as soon as we have received your files and payment. In the event that we have not started working on a specific order or it has not been sent to the press yet, we may allow a partial refund subject to the cancellation processing fee referenced in the paragraph above. However, any labor hours (proofs, graphic design, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your refund. We will not accept any refund requests after 7 days from the date you placed the order.

No refund on shipping charges will be allowed on any job once it has shipped.  

ClevelandFilms.com ships jobs via UPS.  Our responsibility is limited to preparing your printing order and delivering it to UPS for delivery.  

Once a package is shipped, ClevelandFilms.com is not responsible and will not be liable for late or damaged packages during the shipping process.  

Please keep in mind that 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.  Arrival dates are only estimates because they can be subject to unforeseen delays in transit. 

ClevelandFilms.com, is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before we ship at their own expense.

If a package is not delivered due to an error made by the customer in submitting the proper shipping address, ClevelandFilms.com will reship the package with corrected address and charge an additional non-refundable shipping/handling fee for the shipment.

ClevelandFilms.com reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials, hate speech, copyright or trademark slogans, discrimination of including but not limited to,  race, religion, culture, gender, sexual orientation. ClevelandFilms.com reserves the right to charge the customer for services rendered up to the point that the job was cancelled.

You, the User, acknowledge that all content included on the ClevelandFilms.com website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of ClevelandFilms.com its subsidiaries or the copyrighted property of parties from whom ClevelandFilms.com has licensed such property, without the written consent of ClevelandFilms.com or its various third-party providers. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the ClevelandFilms.com Website, in all forms, media and technologies. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by you or licensed to you onto materials and merchandise to be printed withClevelandFilms.com. You shall not use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works where the copyright owner's exclusive rights prohibit the reproduction of any original work. ClevelandFilms.com policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.

ClevelandFilms.com is operated within and under the Laws of the State of Ohio. As such, the laws of the State of Ohio will govern the Terms of Use of this Website and any business conducted thereby.  If you choose to access our site, you also agree to do so subject to the Laws of the State of Ohio. We make no representation that our website or other services are appropriate, legal or available for use in other locations. You consent to the exclusive jurisdiction and venue of the courts located in Lorain County, Ohio for all disputes arising out of or relating to the Terms and Conditions and use of this Site. 

The user assumes all knowledge and understanding of applicable law and is responsible for compliance with any such laws. Users may not use ClevelandFilms.com services to transmit any material that violates applicable state, federal, or international laws, regulations or other government requirements in any way. 

You agree to defend, indemnify and hold harmless ClevelandFilms.com, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.

Once ClevelandFilms.com ships the order, the customer agrees that ownership and responsibility of the printed products transfer to the customer.  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 at the time we transmit the product via email or other electronic communication addressed to the customer. 

In no event shall ClevelandFilms.com, its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to this Website, or the information contained within it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall ClevelandFilms.com be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its content.

If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

By creating an account or purchasing an order through ClevelandFilms.com, you agree to receive emails related to the status of your account or purchase order, including job status changes, job shipment, or job related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between ClevelandFilms.com and its customers.  

You agree to promptly update your membership or registration information (if applicable) in order to keep it current, complete and accurate. ClevelandFilms.com is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer's email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control. 

E-mail notifications are provided as a courtesy to the customer, however, it remains the customer's responsibility to check their "My Account" page or contact a Customer Service Representative for the status on their order. 

Periodic newsletters, product specials, promotions, sales, coupons and time-sensitive offers are only sent to those who sign up to receive our newsletter and provide their email addresses.  You have the option to unsubscribe from these services at any time. 

ClevelandFilms.com reserves the right to modify or discontinue the Service with or without notice to the user. ClevelandFilms.com shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that ClevelandFilms.com does not guarantee continuous, uninterrupted access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

The user understands and agrees to follow these Terms and Conditions, together with the Privacy Policy.  This agreement is between the user, ClevelandFilms.com, supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible.