Please read these Terms of Use carefully before using this site and proceeding with an order. By using the 1stFaction website (collectively, the “Site”) you signify your unconditional assent to these Terms of Use and the fact that all terms and conditions herein apply to 1stFaction and all of our affiliates, vendors, and partners separately and collectively as applicable. If you do not agree to these Terms of Use, you are not authorized to use the site. Before placing an order, you will be asked to agree to all Terms and Conditions regarding the production of the order and the interaction with 1stFaction and its employees.
1stFaction uses HTTPS protocols, data encryption, and data sunsetting to protect your data on a secure network.
Terms and Conditions of Order
Accuracy
Layout:
You are solely responsible for the accuracy and compliance with USPS Postal Regulations of your customer provided layouts. Please proofread all layouts carefully.
1stFaction reserves the right to refuse to print any material that 1stFaction determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream, on the internet, or through email. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by 1stFaction on any job that is denied for the reasons described in this paragraph.
Color:
Thank you for placing your confidence in our abilities to generate the best possible reproduction of your digital creations. At 1stFaction, we strive to faithfully print your work according to your expectations. We work with our printing partners to reproduce the colors in your files according to best-practice printing industry standards. Our processes involve the calibration and maintained control of many devices including our printing presses, proofing equipment, image setters, monitors and lighting, to name just a few.
We partner with a team of digital and technical experts ranging from design and imaging artists to prepress professionals and extremely experienced pressmen.
Proofing:
There are essentially 2 proofs that 1stFaction can provide for you that represent a reproduction of your digital creation. There is an online proof, which is a link to your finalized job file embedded in an email to you. And there is a hard copy proof that we can send upon request. The online proof is for layout and copy but it is not recommended for color. Why? Because there’s a chance that what you see onscreen is not accurate to what we will print. The hard copy proof is for layout, copy AND color. This is printed on the same paper stock we will use on your job, and is an excellent representation of what you can expect from the final product.
Payment
The fees for 1stFaction products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. 1stFaction requires pre-payment on all orders. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed invoice is returned from the customer authorizing payment. Any amount due to 1stFaction, which is not paid, may result in non-delivery of the order.
Orders must be paid via credit card, certified bank check (from a bank which 1stFaction deems acceptable), ACH or wire transfer.
Refunds & Cancellation:
No refunds will be granted for work that 1stFaction has finished on an approved order. Additionally, design and set-up fees may still apply and be charged even though the project has not been printed or mailed. All refunds, due to an overpayment on a particular account are available upon customer request.
Production Time
Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after 1stFaction receives final approval of your layout and summary of printing charges with no further changes. Business days quoted for Production Time are calculated in 24 hour increments.
Mailing Services and Mail Delivery
In no case will 1stFaction or its partners be liable for special, incidental, or consequential damages of any kind as a result of the mailing. 1stFaction’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. 1stFaction shall not be liable for USPS performance failures or delivery delays. 1stFaction accepts no responsibility for any additional services performed outside of Modern Postcard, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services.
It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Mailing Services. 1stFaction does not claim to have expertise in legal compliance with such laws.
1stFaction is not responsible for undeliverable or returned pieces on any customer supplied mailing list regardless if CASS or NCOA certifications have been processed.
Mailing List(s)
1stFaction agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of 1stFaction or its partners, is the exclusive property of the customer and shall be used only with customer’s instructions. It is the customers or customers’ list vendors’ responsibility to maintain a duplicate copy of its mailing list. 1stFaction assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party.
1stFaction will take reasonable steps to maintain the confidentiality, safekeeping and protection of confidential information contained in a Customer’s mailing list. At all times it is Customer’s or Customer’s list vendor’s responsibility to maintain a duplicate copy of their mailing list(s).
Customer’s mailing lists are the exclusive property of the customer and shall be used only at customer’s instruction while in the possession of 1stFaction.
1stFaction shall provide reasonable and prudent protection against unauthorized use or access of a customer’s list, in much the same manner that it protects its own similar data.
1stFaction maintains internal security to protect your mailing list(s).
1stFaction assumes no responsibility for the accuracy of lists purchased by customers through a list vendor or personal customer lists. 1stFaction does not accept liability or responsibility for compiling such lists nor for an intangible or special value attached thereto.
Because it is Customer’s or Customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list, 1stFaction assumes NO responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft, or other such causes while in its possession.
This Agreement incorporates the Terms and Conditions of Order as though such was fully set forth herein
Change of Address updates:
The U.S. Postal Service requires that all automated mailings comply with Move Update. 1stFaction provides this service for any customer supplied lists but does not guarantee the percentage of records that are corrected.
Indemnification, Damages
You agree to indemnify and hold 1stFaction, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by 1stFaction. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images, artwork, and any other materials used to produce your product.
The liability of 1stFaction, if any, for damages related to the production and shipping and/or mailing of the product, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to 1stFaction for its products and services. In no event will Modern Postcard be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever.
8. Ownership and Limited Use
By placing an order with 1stFaction, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with 1stFaction; and (ii) are authorizing 1stFaction to print, mail, or distribute by electronic means any such order on your behalf. Any images/graphics, text or other materials supplied to 1stFaction by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to 1stFaction. However, any additional materials created by 1stFaction in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files, etc.) are and shall remain the sole property of 1stFaction. Digital files of a 1stFaction assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.
In the event 1stFaction has purchased iStock images on your behalf for use in your layout please be aware that these iStock images are by default purchased with iStock’s standard license, which only permits the image and/or content to be used on one layout for one mailing campaign. iStock’s standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with 1stFaction) without repurchasing the image for this additional use.
1stFaction reserves the right to reprint and distribute your finished job as an example of a 1stFaction product sample for any and all promotional purposes. Customers may withdraw their orders from being used as product samples by sending a written request to 1stFaction by email to: grow@1stfaction.com. Your images and/or images of your finished job will not be featured in any national advertisements or promotions without your prior written consent.
9. Termination
1stFaction reserves the right to terminate your account and access to the Site and its services at any time. Termination by 1stFaction may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site and discontinue ordering with 1stFaction.
10. Policy Changes
Please read ‘Terms and Conditions of Use/Website’ (directly below) carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by 1stFaction. You hereby waive any Statute of Limitations to the contrary.
Please check our Terms and Conditions policy when visiting our Site or ordering. 1stFaction reserves the right to change and adjust its Terms and Conditions and will log the date of the update at the top of the Terms and Conditions webpage.