Author's changes
Copyright
Customer confidential information
Customer Furnished Materials
Customer indemnification
Customer limitation of remedies
Electronic manuscripts and images
First articles
Outside purchases
Overruns/Underruns
Payment Terms
Press checks
Pricing
Production Schedules
Proofs
Shipping
Subcontracting
Storage
Turntimes
Warranty (Limited) and limitation of remedies
General terms
Typographical errors on CDDVD Now website

Author's changes
Author's changes include all work performed in addition to the original specifications. All such work will be charged at CDDVD Now's current rates.
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Copyright
Signed copyright forms are required for us to process all orders. These forms are available for download on the CDDVD Now website. Your authorized signature on the copyright form will be taken as a legal document on any or all of the duplication and replication services.
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All copyright disputes will be the sole responsibility of the customer. Creative works Sketches, copy, dummies, and all other creative work developed or furnished by CDDVD Now are CDDVD Now's exclusive property. CDDVD Now must give written approval for all use of this work and for any derivation of ideas from it.
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Customer confidential information
If customer discloses its confidential information to CDDVD Now for purposes of this agreement and clearly identifies such information in writing as "confidential," CDDVD Now shall use reasonable care to assure that such information is disclosed only to those persons requiring access thereto in order to perform this agreement. This paragraph shall not limit CDDVD Now's rights to use and to disclose such alleged confidential information if it (a) is or becomes available to the public without default by CDDVD Now of these terms; (b) is lawfully acquired by CDDVD Now from a third party; (c) is in the possession of CDDVD Now at the time of disclosure by customer, or (d) is developed by or on behalf of CDDVD Now by persons who have not received customer's confidential information hereunder.
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Customer Furnished Materials
Prices are based on receipt of pre-mastered media (CD, DVD, VHS or Cassette) and "print-ready" files for the face of the media and printed items. Items not meeting CDDVD Now's requirement will be repaired by the customer or by CDDVD Now at CDDVD Now's current rates. Content provided to CDDVD Now is assumed to be "ready-to-replicate." Customer will not receive a “First Article” unless expressly requested in writing by customer.
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Customer indemnification
Customer represents and warrants that, with respect to any information or materials furnished to CDDVD Now under this agreement, it has the necessary rights and authority to allow CDDVD Now to perform the services requested under this Agreement so as not to result in customer or CDDVD Now infringing any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable. Customer further represents and warrants that having CDDVD Now perform the services requested will not violate any legal statute, lawful order, or regulation, including, but not limited to, those regarding copyright, obscenity, and national security. Customer will indemnify, defend, and hold harmless CDDVD Now and its employees, agents, contractors, successors, and assigns from any loss, claim, liability, and expense (including reasonable attorney's fees and other litigation expenses) with respect to any threatened or actual legal action, whether administrative, civil or criminal, regarding the information or materials furnished by customer to CDDVD Now under this agreement.
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Customer limitation of remedies
Customer shall retain title to the intellectual content of any materials sent to CDDVD Now for duplication or other work. Customer shall maintain a copy of, or the ability to reconstruct, all such information sent to CDDVD Now. If customer's data is lost or damaged while in CDDVD Now's actual possession from any cause whatsoever (including the negligence of CDDVD Now), CDDVD Now shall only be obligated (and customer's exclusive remedy shall be) to provide customer with an equivalent quantity of blank media upon which the data was conveyed. CDDVD Now shall not be responsible for any loss or damage to customer's data while in transit to or from customer. This paragraph reflects the party's agreement as to their allocation of the risk of loss or damage to customer's data between CDDVD Now and customer and is reflected in the price of the goods and services.
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Electronic manuscripts and images
It is the customer's responsibility to maintain a copy of the original file. CDDVD Now is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by CDDVD Now, no claims or promises are made about CDDVD Now's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to use customer-supplied files will be charged at prevailing rates.
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First articles
Unless otherwise stated, first articles, experimental or preliminary work performed at the customer's request will be charged to the customer at CDDVD Now's current rates. This work may not be used without CDDVD Now's written consent.
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Outside purchases
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
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Overruns/Underruns
Duplication: Overruns or underruns will not exceed five percent of the quantity ordered. Replication and Offset Printing: Overruns or underruns will not exceed five percent of the quantity ordered. CDDVD Now will bill for the actual quantity delivered within this tolerance.
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Payment Terms
Certified checks, bank transfer and Visa, MasterCard and American Express. Credit accounts will be considered upon receipt and approval of completed and signed credit application.

Unless otherwise specified by CDDVD Now, all customers must pay 75% with placement of order. Credit accounts will be considered upon receipt of completed and signed credit application and approval by CDDVD Now's Management. Invoices will be issued as the requested services/manufacturing is completed. Customer requests to cancel or modify an order for which work has commenced shall be honored to the extent possible, and customer shall be invoiced for all work performed prior to such cancellation or modification.

Claims for adjustments must be presented to CDDVD Now in writing within ten days from the date of invoice. Customer shall pay all invoiced amounts upon receipt of invoice, or by such date as may be indicated on the invoice. CDDVD Now is not responsible for lost or delayed mail. A LATE CHARGE OF ONE AND ONE-HALF PERCENT OF THE UNPAID BALANCE WILL BE ASSESSED AT THE CLOSE OF BUSINESS ON THE DUE DATE OF EACH INVOICE AND EACH MONTH THEREAFTER, FOR AN ANNUAL INTEREST RATE OF 18%. Charges may also be assessed for each customer draft returned as un-collectible, up to the maximum charge allowed by law. Interest at the above rate will accrue on all monies due to CDDVD Now under this agreement. Customer agrees to pay all attorney fees, collection fees, court costs and other expenses incurred by CDDVD Now to enforce its rights under this agreement.
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Press checks
Press checks will not be furnished unless they have been required in writing in CDDVD Now's quotation. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at CDDVD Now's current rates.
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Pricing
Prices to be charged for services and materials provided to customer hereunder shall be in accordance with CDDVD Now's most recent written, unexpired quotation to Customer. All quotations are subject to visual inspection of the project. Unless special arrangements have been made in writing, all written quotations expire thirty days from their date of issue. Quoted or listed prices do not include sales, use, excise, or similar taxes. The amount of any tax applicable to customer's purchase shall be paid by customer. Production schedules
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Production Schedules
Production schedules will be established and followed by both the customer and CDDVD Now. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of CDDVD Now. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
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Proofs
CDDVD Now will submit pdf proofs for CMYK and Spot Color Printing. for the customer's review and approval. Corrections will be returned to CDDVD Now on a "master set" marked "O.K.," "O.K. with corrections" or "Revised proof required" and signed by the customer. First Article Proofs are available by request only at additional charge.
Customer understands and agrees that, depending on how artwork has been set up by customer, there may be variations ranging from slight to dramatic differences in the way that a pdf proof and the final product looks. CDDVD Now will not be responsible for these variations unless a hard copy proof is purchased. For information on graphic specifications read the articles here:  CD DVD Now Graphic Design Tips
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Shipping
All shipments are F.O.B., Sunnyvale, CA. or Orange County, CA depending on production facility used. CDDVD Now will normally ship all materials prepaid and billed and is responsible for loss and damage. Should the customer wish to have materials shipped on their account, liability is transferred to customer.
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Subcontracting
At its sole discretion, CDDVD Now may subcontract part or all of customer's order to other manufacturers and/or service providers. Any such arrangement in no way will serve to relieve CDDVD Now's responsibilities under this Agreement.
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Storage
At customer's request and sole risk, CDDVD Now will store all items delivered to CDDVD Now by or for customer for use in the fulfillment of customer's order ("Materials") as long as CDDVD Now is providing services hereunder and for thirty days thereafter, at any place that CDDVD Now deems appropriate, without additional charge to customer. After such period, a storage charge will be assessed at the rate of $30.00 per pallet per month until customer retrieves such materials from CDDVD Now. Upon notice from CDDVD Now, customer shall remove all materials within thirty days of such notice. If customer fails to remove materials as requested, CDDVD Now shall have the right to destroy, erase, or make any other disposition of such materials without liability to Customer or to any other person.
CDDVD Now has the right to dispose of any stored material at customer's expense after 12 months of storage unless previous express written arrangements are made between customer and Senior Management of CDDVD Now.
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Turntimes
The first day that we have all required items BEFORE 10am is day zero. Required items include payment or approved payment terms, pre-mastered media, artwork, approved proofs or first articles (if required).
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Warranty (Limited) and limitation of remedies
CDDVD Now warrants to its original customer that the CD/DVD discs and other goods furnished under this agreement are free from defects in materials and workmanship at the time of customer's purchase. If any of the goods are found to be defective within one year from the date of purchase, CDDVD Now will, as customer's sole and exclusive remedy, at its option either repair, replace, or refund the amount paid by customer to CDDVD Now for any goods that are returned to and found to be defective by CDDVD Now. This warranty does not apply to product failures resulting from accident, abuse, alteration, neglect, improper handling or storage or wear from ordinary use. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS PARAGRAPH, CDDVD Now DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CDDVD Now BE LIABLE FOR, AND CUSTOMER EXPRESSLY WAIVES ANY CLAIM FOR, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS. Notwithstanding any other provision of this Agreement and in no event, including without limitation delay or failure of delivery, shall CDDVD Now's liability to customer under any theory exceed the amount paid by customer to CDDVD Now hereunder. No action, regardless of form, arising out of any claimed breach of this agreement or transactions under this agreement may be brought by either party more than one year after the cause of action has accrued. Excused performance. CDDVD Now shall not be liable for nor be deemed to be in default on account of any failure to perform services or deliver goods if such failure is due to any cause or condition beyond CDDVD Now's control, including but not limited to acts of nature, war, or terrorism, unavailability of material, equipment failures, or labor troubles.
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General terms
(a) No waiver or modification of the relations between the parties, including a course of dealing or of performance, shall be effective unless ratified in writing and signed by both parties. Any failure or delay by either party in exercising any right or remedy in one or many instances will not prohibit a party from exercising it at a later time or from exercising any other right or remedy. (b) This agreement, the applicable price schedules referred to herein, and any attached Production Details, all of which are incorporated and made a part hereof by this reference, supersede all prior agreements, if any, whether written or oral, expressed or implied, between the parties with respect to the subject matter contained herein. (c) Each party agrees that it has not relied on any representation, warranty, or provisions not explicitly stated in this agreement, and that no oral statement has been made to either party that in any way tends to waive any of the terms or conditions of this agreement. This agreement constitutes the final written expression of all terms of the agreement, and it is a complete and exclusive statement of those terms. No part of this Agreement may be waived, modified, or supplemented in any manner whatsoever except by a written instrument signed by duly authorized officers of the parties. (d) This agreement shall be governed and construed in accordance with the laws of the state of California, excepting that body of law concerning conflicts of law. Any dispute or legal proceeding regarding this Agreement shall take place in the county of Alameda, State of California. Customer agrees to venue within that district and submits to the jurisdiction of the courts within that district.(www.CDDVD Now.com)
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Typographical errors on CDDVD Now website
In the event of an incorrect pricing for services or products, due to typographical error in the website, received from our customers, CDDVD Now Inc. shall have the right to refuse or cancel any orders placed for services and product listed at the incorrect price. CDDVD Now Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed till shipment. CDDVD Now Inc. shall charge the credit account or credit card based on the mode of payment chosen by customer, at the time of shipment.
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The policies, terms and conditions as the following manage the use of this site: Your use of this site and/or placement of an order with CDDVD Now indicates your acceptance of CDDVD Now's terms and conditions. CDDVD Now reserves the right to make changes to this site and these terms and conditions. No one may reproduce, display, use or modify any materials appearing on this site, including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof without the express written consent of an officer of CDDVD Now, Inc. These items are the sole property of CDDVD Now Inc. All software used on the site is the sole property of CDDVD Now Inc. or those supplying the software. You may have the right only for the purpose of order management on this site or placing an order on this site and for no other purpose. You should be aware that any unpermitted use of the materials could result in criminal or civil penalties.

The trademarks of CDDVD Now, and CDDVD Now.com are all rights reserved. All custom graphics, icons, logos and service names are registered trademarks and the property of their respective owners.

CDDVD Now guarantees all the products against defects for 30 days from the date of the invoice, except as expressly stated herein. In no event shall CDDVD Now Inc. make representations or warranties, either express or implied, of any kind with respect to services and products ordered on the CDDVD Now Inc. site. You agree that the sole and exclusive maximum liability to CDDVD Now arising from any services and product marketing on the CDDVD Now.com site shall be the price of the services and product ordered. In no event shall CDDVD Now Inc., its directors, officers, employees or representatives be responsible for special, indirect, consequential, or punitive damages related to services and product ordered.

CDDVD Now and management team reserve the right, in their sole discretion and without any obligation to modify the site, materials or services at any time without notice. The CDDVD Now web site and the materials therein are provided "as is". CDDVD Now, doesn't make any representations or warranties, either express or implied, of any kind with respect to the CDDVD Now site, its operation, contents, information, materials or year 2000 compliance. CDDVD Now expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that CDDVD Now, its directors, officers, employees or other representatives shall not be responsible for damages arising from the operation, content or use of the CDDVD Now site. You agree that the damages of any kind are with limitation of liability and are comprehensive, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages
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