GENERAL TERMS

Orders

Orders are considered “received” only when the following conditions have been met:

All files have been correctly submitted
Client has approved the online proof if demanded
Payment has been made

Pricing and delivery

Same day turnaround must be placed before 11am. 1 day up to 500 CDs. Add 1 day per 500 CDs. Same Day turnaround subject to availability.

48 h turnaround must be placed before first day 11am. 48h up to 500CDs. Add 1 day per 500 CDs. 48 H turnaround subject to availability.

3 days turnaround must be placed before first day 11am. 3 days up to 500CDs.Add 1 day per 500 CDs. 3 days turnaround subject to availability.

5 days turnaround must be placed before first day 11am. 5 days up to 500 CDs. Add 1 day per 500 CDs. 5 days turnaround subject to availability.

We refer to days as business days, which ends at 5pm PT. For example:

an order placed at 10am on Monday with same day turnaround would be produced and shipped by the end of Monday.
an order placed at 4pm on Monday with same day turnaround would be produced and shipped by the end of Tuesday
an order placed at 6pm on Monday with same day turnaround would be produced and shipped by the end of Tuesday

The customer who purchases blank CD or DVD understands that these discs are designed to be burnt in professional burners and may not work with home appliances.

The customer who purchases burnt CD or DVD without printing understand that these discs are made to be printed with professional and specific printers and may not work with home printers

JMWest Entertainment LLC reserves the right to change prices, colors, materials, specifications and quantities in its catalog, web site, or elsewhere without notice or obligation.

JMWest Entertainment LLC is not responsible for loss or damage to the product once any product has left JMWest Entertainment LLC’s premises.

In the event a client fails to pay within thirty (30) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within thirty (30) days from completion, JMWest Entertainment LLC has the right to sell, dispose of, destroy or use any such material on hand in any way JMWest Entertainment LLC chooses without any liability by JMWest Entertainment LLC to the customer or others.

JMWest Entertainment LLC assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form for manufacturing. As such, JMWest Entertainment LLC is not obligated to return such electronic content to the customer upon completion of the order. JMWest Entertainment LLC will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.

While JMWest Entertainment LLC will treat the customer's materials with the utmost care, JMWest Entertainment LLC specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of JMWest Entertainment LLC.

Customer's materials stored in JMWest Entertainment LLC ‘s premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from JMWest Entertainment LLC ‘s premises.

JMWest Entertainment LLC requires full payment of the purchase price with most custom manufacturing orders.

JMWest Entertainment LLC. is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.

Payment

JMWest Entertainment LLC accepts check, money order, VISA, MasterCard, Discover, and American Express.

JMWest Entertainment LLC reserves the right to cancel or refuse any order.

The customer represents and warrants JMWest Entertainment LLC: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to JMWest Entertainment LLC by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and JMWest Entertainment LLC are not, or will not be, as a result of the execution and delivery of this agreement or the performance by JMWest Entertainment LLC of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.

Customer agrees to indemnify, defend, protect, and hold harmless JMWest Entertainment LLC and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.

JMWest Entertainment LLC reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.

The customer agrees to provide JMWest Entertainment LLC, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, JMWest Entertainment LLC does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and JMWest Entertainment LLC may rely on the customer's representations and warranties herein and provided under JMWest Entertainment LLC ‘s Intellectual Property Rights Form even if JMWest Entertainment LLC investigates such ownership.

If JMWest Entertainment LLC determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, JMWest Entertainment LLC will have no further obligations to the customer to provide any products or any other services with respect to such materials, and JMWest Entertainment LLC will return such materials to the customer.

JMWest Entertainment LLC reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.

The customer's order will be delayed if the customer has failed to provide to JMWest Entertainment LLC all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).

Quoted or acknowledged delivery dates are only estimated dates of delivery. JMWest Entertainment LLC specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.

Warranty of product, limitation of liability, and indemnification

JMWest Entertainment LLC guarantees the customer's satisfaction with art and content proofs. If JMWest Entertainment LLC cannot satisfy the customer, JMWest Entertainment LLC charge a one-time fee of $20 if customer wants to cancel the project. However, once proofs are approved JMWest Entertainment LLC will charge for all work and services performed, even if the project is subsequently canceled.

JMWest Entertainment warrants that material produced and delivered by JMWest Entertainment meets JMWest Entertainment’s standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.

All custom-manufactured and/or printed JMWest Entertainment LLC products are 30 days guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by JMWest Entertainment LLC from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, JMWest Entertainment LLC will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at JMWest Entertainment LLC ‘s option, refund to customer part or all of the purchase paid to JMWest Entertainment LLC, on the condition that a) written notice of such defect or error is received by JMWest Entertainment LLC at its office within thirty (30) days after shipment by JMWest Entertainment LLC to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by JMWest Entertainment LLC within the date indicated above, JMWest Entertainment LLC will be deemed to be released by customer from any and all liability.

The customer shall return any defective product JMWest Entertainment LLC should JMWest Entertainment LLC so request. No merchandise may be returned to JMWest Entertainment LLC without written return authorization by JMWest Entertainment. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.

Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from JMWest Entertainment LLC. The RMA number must appear on your address label. JMWest Entertainment LLC reserves the right to refuse delivery of any item returned without an RMA number.

Order cancellation

Orders for products not yet manufactured by JMWest Entertainment LLC may be cancelled by either party at any time. The customer will be responsible for all costs incurred by JMWest Entertainment LLC. related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to JMWest Entertainment LLC have been paid in full by cash or check.

Copyrights:

JMWest Entertainment LLC reserves the right to change prices, colors, materials, specifications and quantities in our web site, or elsewhere without notice or obligation. Our prices do not include Shipping Costs. JMWest Entertainment LLC is not responsible for any loss or damages once the product leaves our premises.

ARTWORK INFORMATION

RESOLUTION

Graphics taken directly from the web are often low resolution and too small for printing.

Maximum Image Size: 3400 X 2300 pixels Ensure high resolution artwork - 300 DPI. If you use low resolution your image quality might be altered.

FILE FORMAT

Upload (don’t know yet what format will tell you) file formats when possible.

BLACK TEXT ONLY

Use Black Text Only. If your design includes large solid areas of black, color or Grayscale you must select "full color" disc option from the program.

Images uploaded in .jpg file format may result in low quality printing..