Please read these Terms & Conditions carefully. When you access, browse and/or use this website (including the ordering of products through this website) you are agreeing to be bound by all of the Terms & Conditions stated below and all applicable laws.

If you do not agree with any change, modification or amendment Modern Mail may make to the site terms you may withdraw your consent to be bound to the changes by notifying Modern Mail in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this website. Your account will be deactivated and you and will no longer be eligible to use this website or order further products or services from Modern Mail.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION, WHICH IS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MODERN MAIL DOES NOT WARRANT THAT THE SITE OR ITS FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE... OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

PRIVACY

Please review our Privacy Notice, which regulates your use of Modern Mail Services, to understand our practices.

COPYRIGHT

All material and software are Copyright (c) 2019 Modern Mail. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Modern Mail website and/or its subsidiaries; or the copyrighted property of parties from whom Modern Mail has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Modern Mail Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Modern Mail policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

By submitting your artwork and logo, you are claiming that the artwork, logo, and all associated intellectual property rights belong to you. By printing and providing files, the customer assumes all responsibility and liability for any copyright, trademark, service mark ands other intellectual property claims.

ORDER APPROVAL

The Customer is fully responsible for final proof and layout approval prior to the printing process.

Modern Mail is NOT LIABLE for errors in a final product caused by any of the following reasons:

Misspellings, Graphics, Bleeds, Grammar, Damaged Fonts, Small Fonts, Orientation of Files, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.

By approving and placing your order, you are agreeing to the following terms:

"I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

You will be asked to confirm your acceptance these terms prior to checking out.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Modern Mail, are entirely responsible for all Content that you use from Modern Mail Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

We do not print adult content (art is accepted), copyrighted material, discriminatory material, FDA material, or money. We reserve the right to deny services without a disclosed reason for objectionable content.

ACCESS TO CONTENT

We advise that you have a copy of all files and content uploaded to Modern Mail, as we will not be able to send back any of your files/content at any given time.

After print, your Content and the Proofs that Modern Mail sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of three months. Content and Proofs created by Modern Mail's Design Services will remain available in perpetuity, barring catastrophic data loss.

Modern Mail maintains no guarantee that Content uploaded into our system or provided by us as a background, template or clip art asset will be available in the future.

GOVERNING LAW

The internal laws of the State of Kansas shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws and principles. You consent to the exclusive jurisdiction and venue of the courts located in Johnson County, Kansas for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.

LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MODERN MAIL - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EXCEED THE AMOUNT PAID BY YOU TO MODERN MAIL.

CONVERSION TRACKING

You understand that we may use conversion tracking to evaluate both user habits and the habits of user’s recipients. You grant us the right permanently retain all data related to you and your recipients provided by you on this site, and such information may be used in the future by Modern Mail and/or its Affiliates for business and promotional materials or in conjunction with the sale of any products or services, unless you specifically request otherwise by written notice.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format, excluding products labeled otherwise*. Modern Mail is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB.

Modern Mail is not responsible for PANTONE® Matching System colors dropping out or converting to incorrect colors when converted to CMYK

All artwork, designs and images must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated). Modern Mail is not responsible for images printed as fuzzy, distorted or pixelated due to customer providing low-resolution, RGB or otherwise incorrectly-prepared artwork.

Modern Mail is not responsible for overprint designs or non-flattened files printing in error.

Additional fees may apply for files larger than 30MB.

Modern Mail is not responsible for production delays caused by customer file errors, including any delays caused by customers requesting or needing to re-upload files due to not meeting proper print specifications.

ORDER CANCELLATION

Modern Mail will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.

If a job is canceled prior to approval, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Cancellation fees prior to approval may be 15%-30% of the total transaction amount, depending on the labor hours and administrative fees involved. The minimum cancellation fee before approval is $25.

Once the order has already gone to print, we will only refund you the shipping. We cannot refund you when your order has been sent to print, because production has already begun.

All sales are final. If we verify that we made an error, we will reprint the order, free of charge.

Orders on hold due to file or payment issues will be canceled by Modern Mail if no response is received from the customer within one week. Charged orders that have been canceled due to no response will be subject to a cancellation fee, as stated above.

All work and services rendered to Customer remains Modern Mail’s property until Customer has paid for it and discharged all other debts owing to Modern Mail. If Customer misuses service(s) in any way, Modern Mail reserves the right to contact the parties responsible for the misuse and demand the cost of the service(s).

RETURNS AND REFUNDS

Since each order is unique to the Customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.