Terms and Conditions – 2022

Terms and Conditions – 2022

Last Updated January 14, 2022.

Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Media Monkey LLC’s liability and other provisions that affect your legal rights.

By using Media Monkey’s Services or Products, or installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other properties on which these terms are posted or referenced or by hiring, contracting or utilizing any Media Monkey services or products (together, “services”), you are entering into a binding agreement with Media Monkey LLC ( “Media Monkey”, “our”, “we” or “us”), which designs, develops, controls and operates the services from its primary offices located at 1360 Hamilton Pkwy. Itasca, IL 60143.

GOVERNING LAW

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

Privacy Policy

Please be sure to review the Media Monkey’s Privacy Policy, which describes how we collect, use and share customer data. By accepting these terms, you also understand and agree these terms will govern any disputes arising out of or related to Media Monkey’s Privacy Policy.

Acceptance of Terms

By accepting these terms, you understand and agree that, as stated in the section titled “Limitation of liability”, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

Our services are not intended to be used by, or targeted to, anyone under the age of 18 years old. You must be at least 18 years old to use the our services.

If you do not agree to these terms, then you must immediately stop using the services and request that Media Monkey close any account and end any services that you have created by you or that Media Monkey has created on your behalf. You can request account and service deletion by contacting Media Monkey and making a deletion request.

CUSTOM ORDERS

Customer is fully responsible for final proof and layout approval prior to the printing, development, creation or publishing process.

Media Monkey is NOT LIABLE for errors in a final product caused by materials provided from the customer.

Color Proofing, Matching, Publishing & Printing

Media Monkey 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.

Media Monkey will try it’s best to match the gradient density of each color, Media Monkey is not liable for the final appearance of a color.

We cannot guarantee the facility in which your order will be developed, published or printed. In the case of an issue in one of our facilities, we may produce your order in another facility to ensure you receive your order in a timely manner.

Customer Submitted Artwork or Graphics

All artwork or designs and images must be provided in CMYK format. Media Monkey is not responsible for any color shift that occurs in conversions from any other format to CMYK color modes.

All artwork, designs and images must be provided in minimum of 350 DPI and CMYK color mode. Media Monkey is not responsible for images printed or produced as fuzzy, distorted or pixilated due to customer provided artwork.

Order Cancellation

Media Monkey 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 job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 ( 15%-30% of total transaction )

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

Returns & 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 re-print the order. No Refunds or Credit.

Customer must notify Media Monkey within six (6) business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within fifteen (15) days (on their own expense) from the time when the ordered product delivery was received.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer’s own expense.

ORDER SHIPPING & DELIVERY

Media Monkey will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Media Monkey be liable for any consequential or damages resulting from any delay in shipment or delivery.

All Media Monkey customers agree not to hold Media Monkey liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, Acts of God or any other circumstances beyond Media Monkey’s direct control. Media Monkey shipment and delivery dates are calculated based upon estimates provided by our suppliers.

Media Monkey will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. 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.

Orders That Will Be Picked Up:

Please allow up to one additional business day after the turnaround to prepare packages for pickup.

Orders That Will Be Shipped:

Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for Media Monkey to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.

Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.

Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.

Orders that will be direct mailed:

Expected delivery date and processing times are not guaranteed. USPS may deliver your order late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. Media Monkey is not liable for USPS performance failures or direct mail delivery delays, after the order has been handed over to USPS.

Shipping Errors & Lost Packages

Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. Media Monkey is not responsible for 3rd party shipping errors, omissions or damaged shipments.

Customer Supplied Incorrect Address

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

CREDIT CARD CHARGES

Order exceeding $200 or greater may require an authorization form and copy of credit card and a valid photo I.D.

All prices are subject to change without notice, no adjustments will be made.

You can pay by credit or debit card at Media Monkey’s Payment Portal.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDIA MONKEY – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUINTAL, EXEMPLARY OR INCIDENTAL DAMAGES, LOST DATA, ACT OF GOD, SERVER OUTAGE, UNAVAILABILITY, 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 A MEDIA MONKEY PRODUCTS OR SERVCES, 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, SO 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 PRODUCTS AND/OR SERVICES EXCEED THE AMOUNT PAID BY YOU TO MEDIA MONKEY.

Third Party Services – Content, Social Media, Etc.

The services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Media Monkey does not endorse and is not associated with any of these third party services. Neither Media Monkey nor any other Members of Media Monkey have any responsibility arising from or related to these third party services.

Online Services Provided As-Is Without Any Warranties

The online services may include inaccuracies or errors. Media Monkey provides the online services as is and without any warranties of any kind either expressed or implied. Media Monkey disclaims all warranties of merchantability and fitness or a particular purpose. Media Monkey does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Media Monkey and all members of Media Monkey for dissatisfaction with the service is to stop using them for this service. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.

Force Majeure – Events Beyond Our Control

Neither Media Monkey nor any other members of Media Monkey shall be held liable or responsible nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts, server outages, utility outages or other labor disturbances, or acts of God. If such an event occurs, then Media Monkey’s obligations under these terms will be suspended for the duration of the event; and Media Monkey may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom Media Monkey has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your breach of the Terms and Conditions, (B) your dispute with another customer, and (C) any image or content being reproduced as part of your order. If using Media Monkey on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.