Last Revised 02-19-19
Please note: you must be at least 18 years old and a U.S. Resident in order to participate on our Website.
1) Acceptance of Terms
Your purchase of BAMM Graphix products or services is subject to these Terms & Conditions. By clicking the “PLACE ORDER” button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms. BAMM Graphix reserves the right to add, delete and/or modify any of the terms and conditions set herein at any time. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. If you don’t agree to the terms and conditions, you shouldn’t review information or obtain goods, services or products from our Website.
2) Copyright & Content
This Website contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to hereinafter as “Content”). This Website and all Content are the copyrighted property of BAMM Graphix or the copyrighted property of parties from whom BAMM Graphix has licensed such property. All rights in this Website and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in this Agreement. BAMM Graphix reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or BAMM Graphix remain the property of BAMM Graphix. The design tools provided on this Website employ a limited number of elements, including icons, fonts, color schemes, and design effects. BAMM Graphix reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other BAMM Graphix customers may use the design tools to create designs that have similar or identical combinations of these elements and BAMM Graphix does not guarantee that your design will not have similarities to designs created and used by other parties. BAMM Graphix provides no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.
BAMM Graphix will not proofread any design made by the user. You agree that products that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s Realm of Control through the use of the designer tool on the Website. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
“Realm of Control” refers to any part of a design that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
You also agree that the content of your design or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
4) Color Accuracy
BAMM Graphix sells its products through an E-Commerce Website viewable by computers connected to the Internet. These computers may view BAMM Graphix products solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
As such, you agree that BAMM Graphix does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. BAMM Graphix works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users. Therefore, we accept no responsibility for color variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of overlaminates may effect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
5) Uploaded Images
BAMM Graphix permits users to upload images onto their products through the BAMM Graphix Website. You agree that BAMM Graphix is not responsible for the quality of the images you upload. The BAMM Graphix Website attempts to make a “best guess” as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Website assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the product that you are purchasing.
Images are created and stored in a variety of ways, and you agree that BAMM Graphix is not responsible for ensuring quality images for any image file format available on the Website.
6) Clip Art
BAMM Graphix offers a broad range of clip art available on the Website for use with your designs and products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that none of the clip art has been approved through official organizations or groups.
7) Production Time
BAMM Graphix works hard to ensure orders will be produced and arrive to our customers by their guaranteed delivery date. The “date of order” is the calendar date of order if the order is placed before 4:00 pm Eastern Time Monday-Friday and is considered placed on the next business day if the order is placed between 4:00 pm and 11:59 pm Eastern Time or is placed on weekends or holidays.
You agree that BAMM Graphix will take at least 3-5 business days to produce your order, and that it may take an additional 2-5 business days to receive your order depending on the method of shipment. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order.
BAMM Graphix reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, 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 Two Day service and picked up on a Thursday would be delivered by end of day Monday.
BAMM Graphix’s responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and BAMM Graphix 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.
BAMM Graphix is not liable for damages that occur during shipping.
9) Return and Refund Policy
BAMM Graphix does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of BAMM Graphix. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by BAMM Graphix as to the cause of the failure or breakage.
If you receive a defective product, please provide photo evidence of the defect in order to request a replacement. If the defect is due to a production error, we will send you a replacement, free of charge. All returns must be reported within 7 days of the delivery.
If you are requesting a refund due to a defective product, please send us a photo of the product for review by our production team. If the product is approved for a refund, you will receive your refund in the same method of payment you used to check out. Please note: We cannot reimburse the cost of shipping.
Lost or damaged orders in transit will be reviewed with the postal carrier and addressed per situation.
10) Changes to Your Order
All custom designs are made to order. We cannot accept any cancellations after your order has been processed for production.
BAMM Graphix provides many opportunities to review, revise and cancel the order process before actually placing your order. BAMM Graphix is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that BAMM Graphix is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A BAMM Graphix employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
11) Dispute Resolution
All disputes arising out of, relating to or connected with these Terms & Conditions or your use of any part of the BAMM Graphix Service will be exclusively resolved under confidential binding arbitration held in Camden County, New Jersey before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New Jersey law (without regard for conflicts of law principles). By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue BAMM Graphix in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these Terms & Conditions or your use of any part of the BAMM Graphix Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms & Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms & Conditions or your use of any part of the BAMM Graphix Service must be asserted individually. Notwithstanding anything to the contrary in this Section, BAMM Graphix may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.