Terms & Conditions

 


IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this website.

This website is operated by 01 Power.com (collectively, "we", "us", or "our"). Your use of this website (the "Website") is subject to the following terms and conditions of use (the "Terms"). You agree to these Terms by accessing this Website and/or by accepting any information from this Website. We reserve the right in our sole discretion to modify, alter or otherwise change these Terms and you agree to be bound by such modifications, alterations or changes. We will post changes here, so check back periodically. Your continued use of this Website after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes. Please also review the Website's Privacy Policy.

The information and features included in this Website have been compiled from a variety of sources, are for informational purpose only and are subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Artwork Requirements
Preferred Image Formats
EPS, .AI, .CDR (Vector format with fonts converted to outlines or curves)
Accepted Image Formats
Any PC compatable file. Please do not send compressed Mac Files.

Artwork - Color Matching 
If you would like an exact color match, please include desired colors in PMS form rather than CMYK or RGB in the comments section of your order. All artwork will be matched as closely as possible; however, exact color matching is not guaranteed. Extra charges may apply for PMS color matching. If no PMS colors are specified, stock ink colors will be used at no additional charge. 
PMS COLORS

Artwork file
Artwork can be uploaded during the last step of checkout or emailed to gasales@gattola.com. Please try to send black & white vector/print ready artwork created by one of the following programs: Adobe Illustrator, Corel Draw, or Macromedia Freehand. Popular vector format file extensions include: .ai, .cdr, .eps (Adobe Photoshop .eps files are not in vector form). An artist will contact you to resolve any issues that arise in creating print ready artwork if you send art in the following formats: .jpg, .gif, .bmp, .tif, or a Photoshop-generated .eps file. Not sending vector/print ready artwork may delay your order. Please try to avoid sending Microsoft Office document files such as Word or Excel. If an Office document is sent with images, please send them separately.

Ownership of Content
This Website and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by or licensed to 01 Power.com or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of 01 Power.com or such third party that may own the Material or intellectual property displayed on the Website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not to use the Material for any unlawful purposes and not to violate 01 Power.com's rights or the rights of others. You are advised that 01 Power.com will aggressively enforce its rights to the fullest extent of the law. 01 Power.com may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

YOU AGREE THAT 01 Power.com AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

 

01 Power.com makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by 01 Power.com. Views and opinions of users of this Website do not necessarily state or reflect those of 01 Power.com. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.

The Internet may be subject to breaches of security. 01 Power.com is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing 01 Power.com any information. 01 Power.com makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.

 

Indemnification

BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD 01 Power.com AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THIS WEBSITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR 01 Power.com'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN 01 Power.com'S DEFENSE OF ANY CLAIM. 01 Power.com RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF 01 Power.com.

 

Copyrights and Copyright Agents
01 Power.com respects the intellectual property of others and we ask our users to do the same. 01 Power.com has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. 01 Power.com's Copyright Agent may be reached at copyrightagent@01 Power.com or by mailing Room 517, 5/F, Kwong Loong Tai Bldg, 1016-1018 Tai Nan West Street, Lai Chi Kok, Kowloon, Hong Kong Attention: Copyright Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide 01 Power.com's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf. 

The product design, artwork, trademark and logos imprinted on products are reproduced as examples only. The actual usage requires consent of trademark and licensed property owners.

Linking Policy
If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of 01 Power.com. The link to this Website must not damage, dilute or tarnish the goodwill associated with any 01 Power.com names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with 01 Power.com. You may not "frame" this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by 01 Power.com in its sole discretion. 01 Power.com reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that 01 Power.com deems to be inappropriate or inconsistent with or antithetical to this Website and/or these Terms.

01 Power.com is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform 01 Power.com of any errors or inappropriate material found on Websites to which this Website is or may be linked.

Promotions
This Website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Membership & Registration
Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Website's practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntarily and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information.

If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. 01 Power.com reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.

Violations and Additional Policies
01 Power.com will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of 01 Power.com. 01 Power.com reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by 01 Power.com, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that 01 Power.com will aggressively enforce its rights to the fullest extent of the law.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

Contact Us
If you have any questions, comments or concerns about our Website or these Terms of Use, you may contact us at gasales@gattola.com

The effective date of these Terms is August 24, 2012.