Terms and Conditions rev 09-28-2023.01

TERMS OF SERVICE (rev 09-28-2023-03)

This website is operated by Cornhusk Media (a division of Listrite Data Services Inc.). Throughout the site, the terms “we”, “us” and “our” refer to Cornhusk Media. Cornhusk Media offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Customer acknowledgement
I have verified that the spelling and content are correct. I am satisfied with the document layout. I understand that my document will print as it appears here, that I may not be able to make any changes once my order is placed and that I assume all responsibility for typographical errors. By submitting my order to Cornhusk Media, I agree to the Cornhusk Media Terms and Conditions set out below.

Cornhusk Media Terms and Conditions
IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. Cornhusk Media RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

1. ORDER APPROVAL
The customer is fully responsible for downloading and reviewing the PDF proof and layout approval before printing. Cornhusk Media is NOT LIABLE for errors in a final product caused by any of the following reasons: Language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template or page order.

2. COPYRIGHT
All material used/found in this Website or used in production of your order is subject to Copyright. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Cornhusk Media web site and/or its subsidiaries (referred to herein as Cornhusk Media) or the copyrighted property of parties from whom Cornhusk Media has licensed such property. The Customer (sometimes referred to for convenience as “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 Cornhusk Media 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. Cornhusk Media policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

3. CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials supplied by the customer (“Content”) are the sole responsibility of the customer. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content, you agree to not use the Service 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 Canada or the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of Canada or 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 Cornhusk Media or any third party. Cornhusk Media does not control the Content uploaded by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Cornhusk Media be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages having any illegal content or any items determined illegal by Canada Post . You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

4. GOVERNING LAW
Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in British Columbia. You agree to submit to the jurisdiction of British Columbia courts and agree that venue in these courts is proper in any such legal action or proceeding.

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

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

7. COLOR PROOFING AND MATCHING
Cornhusk Media is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Cornhusk Media will try its best to match the gradient density of each color, Cornhusk Media is not liable for the final appearance of a color. Stock and coating, especially uncoated stock, may effect or change the appearance of the printed colors. Cornhusk Media is not liable for the final color appearance of its products.
Because of differences in equipment, paper and inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. Cornhusk Media will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Cornhusk Media does not guarantee color matching. Unfortunately time to time there is a misrepresentation of color due to soft proofing because of calibration of one monitor to another.

8. TRIMMING AND FOLDING
While Cornhusk Media will try its best to trim and fold each job accurately as per the order specs and artwork, Cornhusk Media is not liable for up to 0.125″ of trimming and folding variance on each side. The design of the artwork should not be dependent on exact trimming or fold dimensions.

9. POSTAL DELIVERY
Cornhusk Media does not guarantee mail delivery dates as provided by your preferred delivery dates. Once the mail has been dropped at Canada Post, responsibility for delivery dates and for any mail damage or loss, lies with Canada Post.

10. ORDER CANCELLATION
Orders are eligible for cancellation upon request by contacting support@cornhusk.ca until the commencement of printing, subject to applicable cancellation charges. A store credit or credit card refund will be issued with a value equal to the cancelled job(s). If a job is cancelled, charges for any labour hours (print setup, file adjustment, data work, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your credit. Once the order has been printed, No Refunds are issued. If a job is cancelled before the printed material is delivered to a Canada Post distribution center, a refund on the postage portion of your order will be possible, less Canada Post documentation fees.

11. RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. The customer must contact Cornhusk Media within 10 business days of Cornhusk Media completing an order to notify us of any defects discovered in the ordered product, failing which the Customer is deemed satisfied with the product.

12. INDEMNIFICATION
The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Cornhusk Media from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceeding that may be instituted against Cornhusk Media on grounds that printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or other personal right, except to the extent that Cornhusk Media contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding, that may be brought against Cornhusk Media provided that Cornhusk Media shall promptly notify the customer with respect thereto.

13. PAYMENT INFORMATION
Cornhusk Media does not record, keep, or hold any credit card information on our servers, Helcim is responsible for that. Cornhusk Media only records and hold information on jobs ordered: docket number, qty, paper type finishing, files used, and Canada Post Electronic Statement of Mailing (ESOM).

14. – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@cornhusk.ca.