Terms of Use

Updated: 08/17/2023

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Legal Claim

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. FLORIDA GIRL DESIGN INC. RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE. WHEN WE UPDATE THE TERMS OF USE STATEMENT, FLORIDA GIRL DESIGN INC. WILL ALSO REVISE THE "UPDATED" DATE AT THE TOP OF THIS PAGE.

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WE RESERVE THE RIGHT TO REFUSE SERVICE WITHOUT DISCLOSING A REASON. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, NO ADJUSTMENTS WILL BE MADE.

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Order Approval

Customer is fully responsible for final proof and layout approval prior to finalizing files or any printing process. Florida Girl Design Inc. is not liable for errors in a final design caused by any of the following reasons: misspelling, logos, graphics, grammar, punctuation or content.

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By approving an order you are agreeing to the following: I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print as it appears on the proof, that I cannot make any changes or cancel once my order is placed, and that I assume all responsibility for typographical errors.

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Approved Design Usage

We reserve the right to use any artwork created by Florida Girl Design Inc. in our online and offline portfolios, company website graphics or promotional graphics for the purpose of advertising our services. If you do not want your design displayed, want an image removed from our online portfolios or have a release date you wish honored please let us know. We will always respect these requests.

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Florida Girl Design Inc. reserves the right to use any unordered design for future projects or promotional purposes.

 

Additional Fees for Fifth and Consecutive Proofs

The first proof and three edits of the initial proof for each order is included in the setup fee. Additional proofs may result in charges for each proof emailed above four.

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Printing Service Design Files

Florida Girl Design Inc. does not provide any design files for printed products unless graphic design services are requested and associated fees are paid. Setup fees cover file design, setup, archiving, order handling, processing and proofing. These fees are not for design purchase.

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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 Florida Girl Design Inc., are entirely responsible for all content that you send, upload, or transmit for your order.

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Copyright

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 or designed by Florida Girl Design Inc. 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.

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Limitation of Liability

In no event shall Florida Girl Design Inc. 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 Florida Girl Design Inc. 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 Florida Girl Design Inc. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Florida Girl Design Inc. 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.

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Indemnity

You agree that you shall indemnify and defend Florida Girl Design Inc. and all parties from whom Florida Girl Design Inc. 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 designs.

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Customer Submitted Artwork or Graphics

All artwork, designs and images must be provided in minimum of 300 DPI. Florida Girl Design Inc. is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork. All printed orders are converted from RGB and printed in CMYK.

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Color Proofing and Matching

Florida Girl Design Inc. is not liable for color matching on electronic proofs approved by the customer. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color or print quality.

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Florida Girl Design Inc. will try it's best to match the gradient density of each color, Florida Girl Design Inc. is not liable for the final appearance of a color.

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Application of UV coating may affect or change the appearance of the printed colors. Often darkening colors. Florida Girl Design Inc. is not liable for the final color appearance of UV coated services.

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Over/Under Runs

Although we endeavor to ship the quantity ordered, Florida Girl Design Inc. 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.

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Order Shipping and Delivery

Florida Girl Design Inc. will always act to make sure that service difficulties do not delay delivery schedules. In no case shall Florida Girl Design Inc. be liable for any consequential or damages resulting from any delay in shipment or delivery. All Florida Girl Design Inc. customers agree not to hold Florida Girl Design Inc. liable for delays in shipments caused by weather conditions, shipping company delays or any other circumstances beyond Florida Girl Design Inc.'s direct control.

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If unexpected equipment failure, malfunction and or technical problems delay the printing process rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

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Customer Supplied Incorrect Address

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Florida Girl Design Inc. will reship the package with corrected address and charge an additional shipping fee for the shipment. Address correction fees may apply to packages rerouted while in transit.

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Returns and Refunds

Since each order is unique to each customer and has no resale value, all sales are final. Please see Order Approval above for Florida Girl Design Inc. liability. If we verify that we made an error on an order we printed, we will reprint the order. No refunds or credit. Customers must notify Florida Girl Design Inc. within 6 business days of printed order receipt of any defects discovered in the ordered service. Some exceptions apply.

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All charges related to expedite printing (rush printing or shipping) are not refundable, including orders that are returned for any reason.

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Order Cancellation

Florida Girl Design Inc. will be happy to help you cancel your order prior to approval. Florida Girl Design Inc. will inform you of any cancellation charges depending on the stage of the order. If a job is canceled any labor hours (proof, graphics design, etc.) can be subtracted from your refund. No refunds are issued for logo or graphic design services. Print service orders cannot be cancelled once approved for printing.

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General Information

The Terms of Use (“TOU”) constitute the entire agreement between you and Florida Girl Design Inc. and govern your use of the Service, superceding any prior agreements between you and Florida Girl Design Inc. The TOU and the relationship between you and Florida Girl Design Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Florida Girl Design Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clay, Florida. The failure of Florida Girl Design Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.