Ozion Legal Terms and Conditions

General Legal Terms and Conditions

Ozion Media.com.com is owned and operated by Ozion Media Group, LLC. By visiting or registering with the Ozion Media.com website ("Site"), you agree to be bound by the terms and conditions. If you do not agree to all of the terms and conditions, please do not use the "Site."

Copyright Notice

You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Ozion Media.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

"Ozion, and Ozion Media.com" and any and all other marks appearing on this Site are trademarks of Ozion Media.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Ozion Media.com's prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. OzionMedia.com prohibits the use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by OzionMedia.com in writing.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications or origin or statements of fact.

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by OzionMedia.com. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without OzionMedia.com's prior written consent is prohibited.

Password

You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Privacy

You confirm that you have read, understood and agree to the OzionMedia.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by OzionMedia.com, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the OzionMedia.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by OzionMedia.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. OzionMedia.com DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OzionMedia.com - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, 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 THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, 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 SITE EXCEED THE AMOUNT PAID BY YOU TO OzionMedia.com FOR THE REQUEST.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of OzionMedia.com. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Termination

This agreement constitutes a binding agreement between you and OzionMedia.com until terminated by you or OzionMedia.com, which OzionMedia.com may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

Changes to Terms and Conditions

We may, in our sole discretion, change, add or remove any portion of the Terms and Conditions at any time by posting new Terms and Conditions on the Site. Your continue use of the Site after such changes are posted will constitute your agreement to such changes.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or OzionMedia.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing Law

The internal laws of the State of North Carolina shall govern the performance of 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 Durham, North Carolina for all disputes arising out of, or relating to, the Legal Terms and Conditions and use of this Site.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to OzionMedia at info@ozionmedia.com or to you at the email address you provide to OzionMedia.com. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

How do I contact OzionMedia.com?

Our postal address is:
Ozion Media.com
Ozion Media Group, LLC..
P.O. Box 16184
Durham, NC 27704

We can be reached via email at info@ozionmedia.com or by telephone at 1-919-702-4264.

ORDER TERMS AND CONDITIONS

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase graphic products, mailing services, design services, web services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we release final product. We will not start working on a project or order until we receive 50% deposit payment.

Once a print job has been approved by customer and is already "In Production", no changes are allowed to the artwork files, job characteristics, or final product turnaround time. After an order or project job has been sent to production, the customer is responsible for paying the entire amount of that order or project job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Return Policy

At OzionMedia.com, we strive to provide our clients with the best possible project experience. If you are not 100% satisfied with your order for any reason, please contact us. All policies are subject to change without prior notification.

Proofs

If requested, an online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval unless waived. It is the customer’s responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer's non-approval of the proof.

Artwork Files

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to UPrinting.com. UPrinting.com is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to UPrinting.com, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Design Product Turnaround Time

Design product turnaround time begins once your order has been placed, deposit payment has been made, and your source files have been uploaded or recieved by OzionMedia.com.

Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Shipping

Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site. All shipping is currently done via carriers such as FedEx or UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.

Shipping transit times vary, and OzionMedia.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

OzionMedia.com’s responsibility is limited to preparing your product order and turning it over to the carrier for shipping. OzionMedia.com is not liable for damages which occur during shipping.

Mailing Services

Customer's mailing list(s), while in the possession of OzionMedia.com is the exclusive property of the customer and shall be used only with customer's instructions. Customer's mailing list(s) will not be sold or offered for use to any other party, and OzionMedia.com will not utilize the list for any other purpose.

All mailing delivery dates are estimates, not guarantees. OzionMedia.com's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service ("USPS"). OzionMedia.com's responsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall OzionMedia.com be liable for USPS performance failures or delivery delays.

The customer will defend and hold OzionMedia.com harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where, acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in OzionMedia.com sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the customer's employees which may occur as a result of any mailing.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your product.

All materials we create in producing your printed product are the property of OzionMedia.com. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your design product. Please note that your design product or images used for your design project will not be used in any national advertising without your prior written consent.