Terms of Service
By using the Evermine website and/or purchasing from Evermine, you agree to the terms and conditions below.
1. COPYRIGHT AND USE OF OUR DESIGNS
All designs are copyright of Evermine © 2003-20 and cannot be used without express written permission. No reproduction in any form is permitted.
2. YOUR IMAGES
- For any image you upload to this website, you must own the copyright, or have permission from the copyright holder.
- It is your responsibility to know if your image is copyright free. You are entirely responsible for any lawsuits brought against you if you choose to use images that you do not have the legal right to use. You agree to hold Evermine harmless from any claim brought against you from the use of copyrighted images. If in doubt, follow this guideline: If you did not take the photo or create the art, you need permission from the person who created it. If the image you want to use is copyrighted, it is a crime for you to use the photo or image without the written permission of the owner.
- You warrant that you have permission to use the image of all persons appearing in your photos.
- You must not upload any images containing material that is illegal, defamatory, x-rated, or that promotes racism, hatred, discrimination or violence.
- We reserve the right to remove images from our server for any reason at any time.
- We reserve the right to refuse to publish any image.
All estimates, verbal or written, are to be considered tentative until the job is received in Evermine's plant. Estimates for printing are based on the receipt of press-ready digital files. Condition of files which deviate from this standard are subject to re-estimating and pricing review by Evermine at time of submission of file, unless otherwise specified in estimate. The costs associated with fixing problems, lost time, and loss of materials shall be considered alterations to this order. Estimates over (30) days old are subject to revisions.
Orders shall be effective upon acceptance by Evermine. Acceptance by Evermine may be either by notification to customer or by Evermine's commencing work on the merchandise ordered. Written instructions are required with all orders. Phone and other verbal instructions must be followed up with written confirmation. Evermine will assume no responsibility for any verbal instructions. Orders can be cancelled only upon terms that will compensate Evermine against loss.
5. PREPARATORY WORK
Sketches, copy, photos, artwork, preparatory work and all digital files created or furnished by Evermine shall remain Evermine's exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except with permission of Evermine.
6. CUSTOMER ARTWORK
All of the customer's artwork, photography, digital files and other items shall at all times remain the sole and exclusive property of the customer.
7. PROTECTION OF CUSTOMER'S PROPERTY
Evermine will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the Customer while such property is in Evermine's possession; Evermine's liability for such property shall not exceed the amount recoverable from such insurance.
8. DIGITAL PROOFS
All orders will receive a digital proof, either online at the time you place your order, or later via email. Any corrections you ask for must be (A) Noted in the proof approval form; or (B) Sent in an email with the digital proof, along with the notation "OK with changes", and the changes listed, and signed by you. If you wish to see a revised proof, you need to make the request in the form or via email along with the noted corrections. Evermine will assume no responsibility for verbal instructions or if you have instructed Evermine to proceed without your response to the proofs.
9. PRINTED PROOFS
For roll label orders over $1,000, you will be mailed a printed proof at no charge. Inspect your printed proof carefully, then email us back with your approval or changes. You do not need to return the proof; we have an identical copy in our shop which we will use to create your order. If you wish an additional printed proof, it will be created and mailed for $25. If you prefer to receive a digital proof instead, we will be happy to send you one; however keep in mind a digital proof will not show you the exact color or give the full effect. In the case of digital proofs, Evermine will take every care to print the best possible job, but Evermine cannot guarantee a color match since screen colors are not created the same way ink colors are, and therefore they can only come close. Any corrections you wish to have made must be in writing. Evermine will assume no responsibility for verbal instructions or if you have instructed Evermine to proceed without your response to the proofs.
If your roll label order is less than $1,000 and you want to see a printed proof, it is available for $25.
Alterations represent work performed in addition to the original specification. Such additional work shall be charged at current rates and be supported with documentation upon request. Evermine's rate is $120 per hour. A color change fee is a $15 charge.
Evermine follows its exacting standards to produce a top-quality reproduction reasonably close to the original image supplied, but does not guarantee a so-called "perfect color match". Merchandise covered by this order will be subject to reasonable variation from standard ink color, quality and finish, in accordance with the trade customs of the industry. Evermine's presses run CMYK only, and all colors will be created from a mix of these four process colors. No special-mix Pantone inks are used.
12. OVERRUNS OR UNDERRUNS
Roll label orders of less than 2,000 labels will ship the exact amount. For orders of more than 2,000 labels, the run can be up to 5% more or 5% less than the amount ordered. If you require a guaranteed "no less than" amount, the percentage of the overage allowance will be 10%. Evermine reserves the right to charge for the actual quantity delivered, within these tolerances, whether the customer accepts the overrun or not.
13. DELIVERY TO CUSTOMER
Unless otherwise specified, the price quoted is for delivery to the customer in a single shipment, without storage, F.O.B. Evermine's plant; unless specifications distinctly state otherwise.
Title for the finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoice for finished work, whichever occurs first. Customer's recourse for loss or damage in transit is solely against the carrier, but Evermine will gladly assist customer in filing any such claims.
15. PRODUCTION SCHEDULES
All schedules are tentative until proof approval, at which time jobs can be entered into production. Delivery dates are approximate, subject to the normal variations customary in the industry. Neither customer nor Evermine shall incur any penalty or liability for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government, civil authority, acts of God or other causes beyond the control of customer or Evermine.
16. PAYMENT TERMS
Payment shall be upon Evermine's receipt of customer's order unless otherwise provided in writing. 18% per year interest may be charged to all past due accounts at Evermine's option.
If the customer cancels an order, then payment is immediately due for all materials used and work that has been completed.
Claims for defects, damages or shortages must be made by the customer within a period of ten (10) days after the customer receives their goods. Claim must be in writing. Failure to make such a claim within ten days shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. Evermine's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages, including profits or profits lost. With respect to any mailed materials, Evermine is not liable for any damages including profits lost as a result of providing mailing services.
18. SECURITY OF PAYMENT
As security of payment of any sum due or to become due under terms of any agreement, Evermine shall have the right, if necessary, to retain possession of, and shall have a lien on, all customer property in Evermine's possession including work in process and finished work. The extension of credit, acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. Should it be necessary for Evermine to bring any suit or proceeding against the customer for nonpayment of their account, the customer shall be liable for court costs, reasonable attorney's fees, and payment of full amount due plus accrued interest. Any amount owing will become due immediately in the event of bulk sale, mortgage, bankruptcy, attachment or execution made by or against the customer, or in the event of refusal of customer to accept the merchandise ordered hereunder.
19. RETURNED CHECKS
A penalty of $25.00 for each NSF check returned to Evermine will be assessed to the customer.
The customer shall indemnify and hold harmless Evermine from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against Evermine on grounds alleging that the said 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 person's right to privacy or other personal rights, except to the extent that Evermine has 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 Evermine, provided that Evermine shall promptly notify the customer with respect thereto, and provide further that Evermine shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof.
21. LEGALITY OF CONTRACT
if any term of this contract is found to be illegal under the laws of the State of Oregon, all other legal terms remain in force and are binding.
22. LEGAL ACTION
If legal action is brought against the customer or Evermine from a commercial transaction under this agreement, the customer and Evermine agree to have the matter heard in the courts of Multnomah County, Oregon.