By submitting an order you are agreeing to our Terms of Service —
1) You understand and agree that Ka-Blam’s Ship-By dates and accompanying pricing are contingent on: (i) Ka-Blam’s prompt receipt from you of printable files in strict compliance with Ka-Blam’s stated technical specifications; : (ii) Prompt payment in full; : (iii) Up to date shipping and contact information in your Ka-Blam customer profile.
2) You understand and agree that a failure to comply with any of the above will void the Ship-by date and may result in a change to your quoted price.
3) You assert that the printable files you will provide to Ka-Blam Digital Printing are in strict compliance with Ka-Blam’s stated technical specifications. You understand and agree that if they are NOT then your Ship-By date and the quoted price are NOT guaranteed.
4) Should the Ka-Blam staff determine that the files provided are NOT in compliance with Ka-Blam’s Technical Specifications you agree that you will promptly bring them into compliance. You understand and agree that depending on the nature of the noncompliance and the time it takes to rectify the problem a change in the Ship-By date and/or a change in the quoted price may be necessary.
5) You assert that you have the legal publication rights to the works you are submitting for print and that no other person or entity may make any claim on those rights that in any way would prohibit you from entering into this agreement. Further, you agree to indemnify and hold blameless Ka-Blam Digital Printing and Ka-Blam’s parent 01 Comics, Inc. against any claims that may be brought by any person or entity as a result of your entering into this agreement.
6) You understand that Ka-Blam reserves the right, at its sole discretion, to modify or replace any part of this Terms of Service. It is your responsibility to check this Terms of Service page periodically for changes. Your continued use of or access to the Ka-Blam website following the posting of any changes to this Agreement constitutes acceptance of those changes. Ka-Blam may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7) Ka-Blam may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Ka-Blam website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8) The Ka-Blam website is provided “as is”. Neither Ka-Blam nor its parent company 01 Comics Inc. makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9) In no event will Ka-Blam or its parent company, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ka-Blam. Ka-Blam shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11) You agree to indemnify and hold harmless Ka-Blam, its parent company, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Ka-Blam website, including but not limited to your violation of this Agreement.
12) This Agreement constitutes the entire agreement between Ka-Blam and you. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Ka-Blam website will be governed by the laws of the state of Florida, U.S.A.