Please read these Terms & Conditions carefully. All services provided by CDVD123.com are subject to this Terms and Conditions. By accessing this website, yourself and the entity you represent (collectively hereinafter referred to as “you”) agree to be bound by all the Terms and Conditions as stated below. If for any reason you do not agree with the Terms and Conditions as stated below, please do not access this website.

CDVD123.com reserves the right to change the Terms and Conditions at any time without any advance notice. These changes or additions become effective immediately as they are updated on the CDVD123.com’s website You are responsible for reviewing the Terms and Conditions for any changes and continued use of this site constitutes your consent to these changes.

DISC FACE AND PRINT GRAPHICS FILES APPROVAL

You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully in the PDF proof we email to you. CDVD123.com is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling/Typographical errors, Grammar, Punctuation, Special Symbols/Characters, Incorrect Text flows, Missing Texts, Graphics, Bleeds, Incorrect/Damage Fonts, Incorrect or Missing Folds, Wrong Cuts, Finished Product Size, etc.

COLOR PROOFING AND MATCHING

All artwork, designs and images must be provided in CMYK format. CDVD123.com is not responsible for any color shift that occurs in conversions from RGB and Pantone colors to CMYK color modes.

The resolutions of all artwork, designs and images provided must be of 300 DPI at actual size (not enlarged to size and resave in Photoshop to 300 dpi which will extrapolate the dots and make images fuzzy). CDVD123.com is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided low resolution artwork.

The PDF file proof is a screen proof which will show the design layout, text accuracy, image proportion and placement, but not color or density. CDVD123.com will provide quality color print jobs but is not liable for color matching the screen proofs approved by the customers.

CDVD123.com offers very competitive prices because of gang-run printing. Gang-run printing is to combine multiple different customer jobs on a large print sheet and run at the same time. For example, we can layout 8 different customers’ DVD wraps on one gang-run sheet, and run the sheet 1000 times to get 8 sets of 1000 wraps . This process allows us to spread the expensive initial setup cost of running a full-color offset job among 8 customers. CDVD123.com will try the best to match the gradient density of each job’s color but we cannot guarantee for the final appearance of a color. If your print job has a critical color to match, you need to resend the job to our custom quote department for pricing.

COPYRIGHT

CDVD123.com and all of its content are protected by copyright laws of the United States and international treaty provisions. © 2007 CDVD123.com. All rights reserved. This website, its trademark and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted or disassembled in any fashion without expressed written permission of CDVD123.com.

Copyright laws also pertain to the content you submit to CDVD123.com. Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. When you send or upload your files to us, you certify that you have the permission or own the rights to use the contents/image(s) being reproduced on your order. CDVD123.com will not assume the responsibility of checking the content of its client’s submitted materials for copyright violations. Therefore, CDVD123.com will not be held accountable for any illegal use of copyrighted material by its clients.

For Audio, Data, Movies CD and DVD disc replication services, you are required to download, complete and signed our Intellectual Property Rights (IPR) forms. Then send your master CD, DVD, or DLT tapes together with the signed IPR forms to us before we can process your order. If the Audio CD has music/songs soundtracks not created by you, please send us a License Agreement to proof that you have the rights granted for you to publish such soundtrack titles.

PLEASE NOTE: ANY SUPPLIED MEDIA WILL NOT BE RETURNED. PLEASE DO NOT SEND ANY ORIGINAL MEDIA!!

CUSTOMER CONTENT

You, as the buyer, understand and agree that all content/information (including but not limited to text, graphics, information and messages) are the responsibility of the sender of that content/information and not CDVD123.com. Furthermore, you are responsible for all information and content that you acquire and/or use from CDVD123.com’s service.

In addition, you agree to abide by all rules and regulations pertaining to on-line decency and appropriate and acceptable content. 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 CDVD123.com to send, upload, post or transmit any Content that contains:

1. child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile;
2. 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;
3. any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States;
4. any defamatory remarks directed at any other person or company; or
5. infringes upon the intellectual property rights of cdvd123com or any other party.

CDVD123.com does not control, nor certify the legitimacy, accuracy and/or quality of any information or content posted by our customers. CDVD123.com will not be held liable under any conditions or circumstances for any information, content or material that one may find indecent or offensive.

CDVD123.com provides services and products only for your personal use and you agree to refrain from using such services and products, as well as messages or correspondences for any unauthorized purposes including but not limited to promotional materials, advertising, spam, or any other form of solicitation.

Once you created a registered account with CDVD123.com, you agree that you are responsible for protecting your password and controlling access to your registered account. CDVD123.com will not be held responsible for any password or access problems. Furthermore, all orders, actions, etc., placed through your registered account are your responsibility and not the responsibility of CDVD123.com.

CDVD123.com reserves the right to remove or refuse any content or information that violates the Terms and Conditions agreement or may otherwise be considered unlawful or objectionable. In addition, you agree that content and or information obtained by CDVD123.com may be kept and disclosed if CDVD123.com is required to do so by law, or if CDVD123.com believes, in good faith, that it is necessary to disclose such content in order to comply with any legal proceeding or processes; uphold or enforce the terms of our services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or CDVD123.com in any way.

PLEASE NOTE: ANY SUPPLIED MEDIA WILL NOT BE RETURNED. PLEASE DO NOT SEND ANY ORIGINAL MEDIA!!

OEDERS DELIVERY

CDVD123.com will always strive to avoid any delays in production or shipping, but we will not be held responsible for any consequences or damages due to delayed production or delivery. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, international customs issues, weather conditions or any other circumstances beyond our control. CDVD123.com will strive to ensure that all delivery schedules are met in a timely manner. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

CDVD123.com shipment and delivery dates are calculated based upon estimates provided by our carriers such as UPS and assumes no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time.

Turnaround times options vary among different jobs and are not guaranteed. Please refer our Turnaround Time Policy for details.

SHIPPING ERRORS & LOST PACKAGES

Lost or damaged package claims can only be filed for shipments over $100 in value and can only be done within 30 days from package shipment. CDVD123.com is not responsible for shipping errors, delays or lost or damaged products due to 3rd party errors.

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, CDVD123.com will reship the package with corrected address and charge an additional shipping fee for the shipment.

TERMS OF SALES & ORDER CANCELLATION

Full payment, including shipping and handling fees if applicable, is charged to your credit card to complete an order. No work will proceed until full payment is authorized by your credit card company.

All sales are final once you approved and confirmed the order with your credit card payment. After the PDF file is approved by the customer via email, the customer is responsible for paying the entire amount of that order, unless otherwise noted. 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.

In some cases, an order may be allowed to cancel and refund may be extended to the customer if no work has been completed by CDVD123.com for that order. In such cases, the customer will be charged a $25 cancellation fee, which would be in addition to any fees charged for proofs if applicable. In some cases, an order may be voided the same day the order was placed as long as no work has been completed by CDVD123.com for that order.

NO CANCELLATIONS ON ORDERS PLACED WITH EXPRESS 1 or 2 DAYS TURNAROUND.

CHANGING FILES AFTER CONFIRM ORDER

Once the PDF file has been approved by customer and confirmed via email, no changes are allowed to the artwork, job characteristics, or turnaround time. After an order has been sent to prepress department, the customer is responsible or paying the entire amount of that order, unless otherwise noted. In some cases, we may be able to let you resend your files if no work has been done by CDVD123 on that order. In such cases, the customer will be charged a $25 file replacement fee, which would be in addition to any fees charged for proofs if applicable.

RETURNS AND REFUNDS

Since each CD/DVD replication or printing order is unique to the individual customer and has no re-sale value, ALL SALES ARE FINAL. If we verify that we made an error, we will re-manufacture and reship the order at our cost and No Refunds or Credit.

Any defects discovered in your shipment must be reported to CDVD123.com via email within 5 business days of your order’s receipt. To qualify for a free replacement order, you must return your entire product (at your own expense) within 10 business days from the time the product was delivered.

All charges related to expedited orders (rush replication/printing or shipping) are NON REFUNDABLE UNLESS UPS FAILS DELIVERY.

SALES TAX

All California orders are subject to sales tax. If customer is tax exempt, please download resale exemption certificate, complete, signed and sent or faxed to us with the first job.

LIMITATION OF LIABILITY

In no event shall CDVD123.com 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 CDVD123.com has been advised of possibility of the damage, arising out of or in connection with the use or performance of the website or of failure to provide services that you order from CDVD123.com or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall CDVD123.com 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.

CDVD123.COM’S LIABILITY IS LIMITED TO OUR SELLING PRICE OF THE ITEM AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR PROFIT LOST.

WE HAVE THE RIGHT TO HOLD CUSTOMER PROPERTY (A LIEN) AS SECURITY FOR UNPAID BILLS.

INDEMNITY

You agree that you shall indemnify and defend CDVD123.com, its parent and affiliate companies and all parties from whom CDVD123.com 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 & Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into your CD/DVD/Printing Products alleging that said products violate any copyright or any proprietary right of any person.

GOVERNING LAW

CDVD123.com is based in Fremont, California and all transactions take place on CDVD123.com's office located in Fremont, CA. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Fremont, CA. You agree to submit to the jurisdiction of Fremont, County of Alameda, CA courts and agree that venue in these courts is proper in any such legal action or proceeding.

CDVD123.com reserves the right to refuse service to any party for any reason it deems fit.