Vermillion Silk Terms and Conditions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms and Conditions;
“Vermillion Silk” refers to our company, known as “Velora Studios, LLC”; our Site; our Service; or a combination of all of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our Site itself, printing services, and any other services we may provide online or offline;
“Site” refers to our website, www.vermillionsilk.com;
“User” refers to users and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Vermillion Silk.
3. Corporate Information
Attn: Velora Studios, LLC
16192 Coastal Highway
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Vermillion Silk, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be at least 13 years of age in accordance with the Children’s Online Privacy Protection Act. If you live in a jurisdiction other than the United States and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
- You must sign up for only one account (this includes, but is not limited to, a prohibition on repeatedly signing up for different accounts to take advantage of more than one discount offer).
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- You must be authorized by the holder of any payment method to use their account for the purposes of signing up for our Service.
Vermillion Silk provides its Service on an as-is basis and, notwithstanding any other statements or examples given on our Site or elsewhere, makes no representations as to how Vermillion Silk can be best used by any specific User. You agree that you bear the sole responsibility of determining whether Vermillion Silk is suitable for your use, and that Vermillion Silk shall not be liable for any losses which result from the use of our Service.
6. Rules of Use
Once you have met our eligibility criteria described above, you may access our Site. Although you have met the preliminary requirements to use our Site and Service, there are certain additional rules which apply before, during, and subsequent to your use and registration with Vermillion Silk. You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Be fraudulent or negligent when making payments to us (such as by using someone’s credit card without authorization, or using a card which you know will have the payment reversed for any reason).
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Vermillion Silk Site, Service, App, or its Users’ computers.
- Do anything else which, at the discretion of Vermillion Silk, could harm the safety or legal interests of Vermillion Silk or any third party, including but not limited to other Users.
7. Payment and Billing
All payments are processed by our third party payment processor, Authorize.net, and payment may be made to them by Visa, MasterCard, American Express and Discover cards. All prices on our Site, unless otherwise stated, are listed in United States dollars.
Full payment must be received before your order is processed. Turnaround time estimates begin after full payment has been received, never before.
Before placing an order it is important that you carefully read and agree to our Refund and Reprint Policy.
8. Uploaded Content Requirements
We strongly recommend that content uploaded to Vermillion Silk for printing is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Vermillion Silk does not 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 and uploaded to Vermillion Silk 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 and Vermillion Silk is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).
9. Color Quality
Vermillion Silk guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a User's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Vermillion Silk is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Vermillion Silk is not liable for the final color appearance of a UV coated product.
10. Production Turnaround Time
Vermillion Silk's standard turnaround is dependent on the product ordered; if you do not specify otherwise you will be charged for standard turnaround for the relevant product.
Turnaround times do not include shipping time, weekends or holidays. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed. For less complex products there are times when we are able to finish production faster than the listed turnaround time. Turnaround times are not guaranteed. Vermillion Silk will not be held liable for delays resulting from unexpected technical issues, equipment failure or acts of God.
For your convenience, depending on the product ordered, Vermillion Silk 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.
Free delivery (if available) will be on the next scheduled delivery day. We do not offer rush turnaround combined with same day free delivery.
Standard Turnaround: 9-11 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 ninth day after receipt and 1:00 p.m. on the eleventh day after receipt.
Rush Turnaround: 7-8 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. This turnaround is not available for all products and is sometimes only available by request.
Please note: – Turnaround times for jobs that Vermillion Silk does not deem production ready (e.g., those with problems or that require a proof approval) will not begin until the job is approved and ready for production.
Custom group shipping options for large orders (when available) of multiple sets of cards may add at least one additional day to your chosen turnaround time.
All of our orders are shipped via UPS. UPS requires a physical address and cannot accept a PO box address. Accelerated shipping services are guaranteed by UPS within the UPS time frames given. UPS Ground is not guaranteed to deliver within the estimated arrival time.
Holidays may affect and delay your shipping times. Please take holidays into account when estimating your package delivery time.
If a package is not delivered due to a customer refusal (which would include a failure to pick up the product from UPS, if applicable) or an error made by you the customer, e.g., not submitting the proper shipping address, it may cause the package to be reshipped (with the corrected address if applicable), and you will be charged an additional shipping fee for this reshipment. You may also incur additional fees as a result of the inability of UPS to deliver the order, as well as return fees. Even if you decline to have a product reshipped, you will continue to be responsible for the product cost, original shipping and any additional fees incurred as a result of the product being returned, and you consent to these fees being charged against the credit card used for the transaction.
If, after placing an order, you wish to change the shipping address you may do so up until the time the order is out for delivery. Each time that you request that we intercept and transport an order to a new shipping address (i.e., other than the one currently chosen) you will incur an administrative fee of at least eleven dollars ($11.00) as well as any increases in the shipping fees and other charges UPS may impose. You consent to these fees and charges being charged against the credit card used for the transaction.
Domestic shipping services are offered from our plants in the US and Canada. Orders from the United Kingdom require international shipping. Our international shipping pricing includes product and shipping costs only; customs duties and other costs incurred as a result of international shipping are in addition to our costs and you are separately responsible for these costs. We reserve the right to refuse to ship to certain international locations. Please contact us for more information regarding international shipping if you are located outside of the US, Canada or United Kingdom. Policies differ by country so we cannot provide specific details for every country, however most countries can be delivered to without additional costs.
Vermillion Silk will not be held liable for delays caused by the shipping company, international customs issues or any other circumstances that are beyond our direct control.
12. Over/Under Runs
Although we endeavor to ship the quantity ordered, Vermillion Silk reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
Vermillion Silk may, but is not obligated to, provide discounts. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Vermillion Silk shall take effect. Discounts may not be applied to past orders or payments. Discount coupon codes cannot be combined and may not be applicable to all products.
Vermillion Silk may refuse to provide such discounts for any reason including, but not limited to, fraud, unauthorized accounts (such as multiple accounts being used to take advantage of a one-time offer repeatedly), mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
14. Chargebacks, Credit Card Cancellations, and PayPal Disputes
Where a User provides payment to Vermillion Silk, and that amount of money is subsequently taken from Vermillion Silk due to a chargeback or similar reversal, Vermillion Silk shall be entitled to recover that amount from the User as liquidated damages, as well as our reasonable attorneys’ fees, court costs and disbursements, and/or collection agency fees required to collect these liquidated damages.
Please note that this restriction on chargebacks is designed to prevent fraud and keep our costs low, which allows us to offer lower prices for our Service. Users may of course bring disputes against us in accordance with the “Forum of Dispute” provisions found further below.
15. Our Copyright
Vermillion Silk expended much effort on developing its Site and ensuring that it is unique from other Sites. Copying our Site or any portion thereof could, in addition to being prohibited generally by intellectual property law, harms our business. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including our business card designs, without receiving our prior written permission.
16. Your Copyright
Vermillion Silk must be assured that it has the right to use the content that is uploaded using its Site. Such content may include, but is not limited to, logos, graphics, photographs and arrangements of data by Users in which a copyright subsides. Whenever submitting content to us through our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use the content that you submit to us for the purpose of providing you with our Service. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
17. Trademarks and Service Marks
“Velora,” “Velora Studios,” and the Velora Studios icon are registered trademark used by us, Velora Studios, LLC, to uniquely identify our Site, Service, and business. Additionally, the service mark “Vermillion Silk” is a registered DBA name and an unregistered trademark protected generally by the provisions of the Lanham Act, as well as various status prohibiting unfair competition and the common law tort of passing off. You agree not to use our marks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site, or designs, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own Site or other directly or indirectly competing business.
18. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
19. Copyright & Trademark Infringement
Users must not submit any information that infringes on anyone’s copyright. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at email@example.com. Since we request notification by e-mail, an electronic signature is acceptable. Please give the email a subject line of "Copyright Notice".
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
20. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR SITE, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF OUR SITE AS IT APPLIES TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY PAYMENT ISSUES WHICH YOU MAY HAVE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
22. Choice of Law
This Agreement shall be governed by the laws in force in the State of Pennsylvania. The offer and acceptance of this contract are deemed to have occurred in the State of Pennsylvania.
23. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Pennsylvania. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to hear civil matters in the State of Pennsylvania (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
If for any reason the provisions in this section as to the proper forum of dispute are found to be unenforceable and another state may have jurisdiction over such disputes, you agree that this section shall apply as analogously as possible in that other state, including but not limited to the requirement that the dispute be brought in that state’s small claims court.
24. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Vermillion Silk shall have the sole right to elect which provision remains in force.
Vermillion Silk reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
27. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, is based on our Refund and Reprint Policy, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
28. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page prior to placing every order or each time you access our Site, and if you do not agree to any changes, you must cease using our Site immediately.
30. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Vermillion Silk must be sent to firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: March 16, 2016