Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
CopyrightThe entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SuperDigital Ltd.. The collective work includes works that are licensed to SuperDigital Ltd.. Copyright 2010, SuperDigital Ltd. SuperDigital ltd.®ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SuperDigital Ltd. or purchasing SuperDigital Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SuperDigital Ltd. or to purchase SuperDigital Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SuperDigital Ltd.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TrademarksAll trademarks, service marks and trade names of SuperDigital Ltd. used in the site are trademarks or registered trademarks of SuperDigital Ltd.
Warranty DisclaimerThis site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SuperDigital Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SuperDigital Ltd. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SuperDigital Ltd. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of LiabilitySuperDigital Ltd. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SuperDigital Ltd. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.Typographical ErrorsIn the event that a SuperDigital Ltd. product is mistakenly listed at an incorrect price, SuperDigital Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SuperDigital Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SuperDigital Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.Term; TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SuperDigital Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.NoticeSuperDigital Ltd. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SuperDigital Ltd..
MiscellaneousYour use of this site shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SuperDigital Ltd. products) shall be in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SuperDigital Ltd. products) must be commenced within 30 days after the claim or cause of action arises. SuperDigital Ltd.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SuperDigital Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.Use of SiteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SuperDigital Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.Participation DisclaimerSuperDigital Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SuperDigital Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SuperDigital Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SuperDigital Ltd. in its sole discretion.
IndemnificationYou agree to indemnify, defend, and hold harmless SuperDigital Ltd., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party LinksIn an attempt to provide increased value to our visitors, SuperDigital Ltd. may link to sites operated by third parties. However, even if the third party is affiliated with SuperDigital Ltd., SuperDigital Ltd. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SuperDigital Ltd.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SuperDigital Ltd. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
TERMS OF BUSINESS for Duplication Services at CDXPDX.com / Superdigital Ltd.
Deposit for custom work or full payment for is required for the initiation of job order.
Major credit card, certified check,
(Debit card or cash accepted in person only)
No C.O.D.’s or personal checks for shipped orders.
Net 15 days O.A.C. for corporate clients.
Purchase orders from institutions
By doing business with CDPDX.com / SuperDigital Ltd. you agree to the following terms:
- You have full authority to act on behalf of the group or artist for
which CDPDX.com / SuperDigital Ltd. will perform duplication or other
and therefore agree to these provisions on its behalf.
- A. No materials may be released until FINAL PAYMENT is made. Any remaining balance is due upon completion of my order.
- B. Balances over 15 days are subject to a finance charge of 1.5% per month which I agree to pay, and that SuperDigital Ltd. is not responsible for these
materials at this point.
- C. In the event I fail to pay within 15 days from invoice completion, fail to accept delivery or pick up finished product within 15 days from invoice completion,
CDPDX/SuperDigital Ltd. has the right to dispose of, or use any such material on hand in any way it chooses. In this case all prepared or finished materials, physical or data, etc. become property of CDPDX/SuperDigital Ltd.
- Prepayment and submission of files (audio or video or data media, & graphics) are counted as day one for time dependent job orders.
- D. You agree to indemnify CDPDX/SuperDigital Ltd., its employees & contractors as they act solely as the manufacturer of your supplied product. Therein
CDPDX/SuperDigital Ltd. does do not assume any liability for talent payroll, talent royalties, publisher’s royalties, or for any infringement of any rights by the
clients, nor does CDPDX/SuperDigital Ltd., its employees and contractors assume any responsibility and/or other costs in the recording of the program recorded.
- E. Audio restoration service does not imply that we will be available as “expert witnesses”.
- F. Prices are F.O.B. Portland, OR., and shipping is via FedX Ground unless otherwise specified.
Shipping insurance is added only upon direct written request by client prior to shipment.
- G. Extra printed materials or masters may be returned with shipment of product only if requested in writing and paid for by client.
- H. Original artwork, masters,
photos. etc. may not be returned, (so please don’t send ‘em.) I will supply an exact duplicate for manufacturing since CDPDX/SuperDigital Ltd. cannot be held
liable for errors or omissions in my client-provided design, audio or data masters, my client-supplied proofs, or problems due to computer errors. I understand
that by providing production masters and other materials or artwork implies that I have an exact safety copy in another location.
- I. CDPDX/SuperDigital Ltd. reserves the right to refuse service. Cheerfully or otherwise.
- J. Rush orders are subject to 50% surcharge if requested as such & turn times are not absolutely guaranteed.
- K. Advertising: CDPDX/SuperDigital Ltd. reserves right to change prices, colors, materials, specs, & quantities mentioned in any ads without notice or
L. I agree that once I authorize design and audio or data files for replication I will be charged for any & all work performed, even if project is subsequently
canceled. If a project is canceled while in process, I agree to pay for all services rendered up to that time.
- M. I agree to limit CDPDX/SuperDigital Ltd.’s liability to rerun or refund (at our sole option) on the services performed, providing that the product is deemed
defective by reason of workmanship or material.
- N. I agree that make goods will only be equal to the quantity of goods returned directly, and at my expense, to CDPDX/SuperDigital Ltd
- O. I affirm that I have lawfully obtained all necessary c opyrights for the reproduction of recordings, photos, album covers and/or other materials submitted, and
indemnify and hold CDPDX/SuperDigital Ltd., its employees and contractors harmless for any and all liability and/or claims arising as a result of services and
products provided by CDPDX/SuperDigital Ltd
- P. I understand that due to normal quality control standards that my order can vary a yield of +-10%. Although this is rare nowadays, it is a possibility.
- Q. I agree that I will not hold CDPDX/SuperDigital Ltd its employees and contractors liable for any loss or damage to materials.
- R. I agree that CDPDX/SuperDigital Ltd. makes no express or implied warr anties as to the quality of the finished product, and that liability in connection with
the work described herein shall be limited to the value of the blank media provided by the client to CDPDX/SuperDigital Ltd.
S. I agree that master media, art work, and other preparatory work created or furnished by CDPDX/SuperDigital Ltd. shall remain its exclusive property unless
- T. I agree that if final payment is not made, CDPDX/SuperDigital Ltd. may sell or dispose of my materials to recoup & debit owed by me herein.
- U. I agree that I will not hold CDPDX/SuperDigital Ltd., its employees and contractors in any event liable for any incidental or consequential damages (such as
loss of potential revenue) as a result of services and products provided by CDPDX/SuperDigital Ltd. due to errors on its part to client.
- V. I understand that claims for shortages or makegood must be made within ten days after receipt of product and that claims for claims for damaged product
must be made with the carrier at the time of delivery. Returns without CDPDX/SuperDigital Ltd .’s written authorization really will be refused.
- W. I agree CDPDX/SuperDigital Ltd. is not responsible for storage of materials.
- X. I agree that no product is replaced, or credit given, more than thirty (30) days after my receipt of the product.
Y. In the event CDPDX/SuperDigital Ltd is forced to retain an attorney to enforce any provisions included herein, I agree to pay SuperDigital Ltd.’s reasonable
- Z. I agree that turnaround times are not guaranteed & can fluctuate based upon the logistics of manufacturing, the unavoidable delays of subcontractors. We
require receipt of all materials including CD/ DVD and print files “ready to go” Delivery dates are approximate, subject to normal variations customary in the industry, & beyond the control of
CDPDX/SuperDigital Ltd. Where date of shipment is specified in order & CDPDX/SuperDigital Ltd is unable to ship before the date specified, CDPDX/SuperDigital
Ltd shall use its best efforts to ship as soon has possible thereafter and purchaser agrees to accept the merchandise as so shipped. CDPDX/SuperDigital Ltd
disclaims all liability for delays in delivery.
- Murphy’s Law can make a good case for NOT scheduling any events, parties, or business until you have your actual product in my hands.
Please note that by signing doing business with CDPDX.com / SuperDigitalLtd. you are agreeing to the terms and conditions outlined here within which are normal and customary within the duplication industry.