Earthtone

Terms of Use

Welcome to Earthtone. These Terms of Use relate to your use of the Earthtone Service available from www.earthtone.net (the "Site").
Your use of the Site and the Earthtone services are governed by the following terms and conditions (the "Terms of Use"). Before you begin using the Site and the Earthtone Service you must read and accept all these Terms of Use. It is recommended that you read through these Terms of Use carefully as your acceptance of these Terms of Use (by clicking the "I accept" box below) constitutes a legally binding agreement between you and Earthtone Limited.
These Terms of Use are split into 3 different sections. The “General" section applies to both Members and Print Providers. The "Member" section only relates to those using the Earthtone Service to buy print jobs over the internet or any person referred to a print location by Earthtone. Finally, the "Print Provider" section only applies to those who have downloaded the Earthtone Print Manager (see link here) and will be offering printing services to Earthtone Members.

1. General
1.1 Interpretation
1.1.1 In this Terms of Use, the following terms and expressions shall, except where the context otherwise requires, have the following meanings:
"Associated Companies" means as defined in sections 1159 and 1162 of the Companies Act 2006;
"Earthtone Print Manager" means application software installed on a CPU that enables the connection, over the internet, between Earthtone and a location at which printing takes place, communication between Earthtone and printing locations, and the execution of print jobs from Earthtone Members at the printing location over the internet;
"Earthtone Service" means the services provided by Earthtone through the Site that facilitate the purchase and sale of prints and related products and services;
"EULA" means the End User Licence Agreement entered into between the Print Provider and Earthtone [EULA];
"Express" means printing that will be ready within 15 minutes of submitting request. This service is only available for jobs meeting the criteria set out in the relevant part of the FAQs [FAQ];
"Force Majeure Event" means any event outside of Earthtone's control, further details of which are set out in paragraph 1.14;
"Commission" means the commission that Earthtone charges Print Providers for print jobs sourced via Earthtone;
"Print Option" means either Express, Standard or Secure Printing; please refer to the relevant section of the FAQs for more information [FAQ];
"Service Fee" means the fee that Earthtone charges Members for every job ; please see the relevant part of the FAQs for more information [FAQ];
"Secure Printing" means the password protecting of a Standard print job so that it can only be processed when the Member provides the Print Provider with the password;
"Soft Proofing" means the viewing of a digitally rendered print ready version of the print job by either the Member, the Print Provider or both;
"Standard Print" means print jobs ordered, brokered and processed as described in the FAQs [FAQ]; and
"Test Print" means the printing of one copy of the print job by the Print Provider, upon request by the member. When this option is selected, one copy is added to the number of copies requested by the member.
1.2 Using Earthtone
1.2.1 You may not use the Earthtone Service or the Site if you are under the age of 18 or if you are not able to form legally binding contracts.
1.2.2 Printing is undertaken by Print Providers and is not part of the Earthtone Service. Earthtone does not vet all printing locations and is not responsible for their existence, performance or ability to provide the service they claim to be able to provide.
1.2.3 Earthtone does not guarantee the accuracy or truth of the information provided by Print Providers and the services they purport to offer. Whilst Earthtone will aim to verify the information provided by Print Providers, Earthtone is not responsible for any omissions or inaccuracies contained in the information provided by Print Providers. 1.3 Authority
1.3.1 If you are registering with Earthtone as a business entity, you represent that you have the authority to legally bind that entity.
1.4 Your Account
1.4.1 You will be required to provide contact information when you sign up to Earthtone. These details will be used when contacting you in relation to your use of the Earthtone Service and you are responsible for keeping this and other information up to date.
1.4.2 Once an Earthtone account has been set up, you are responsible for maintaining the confidentiality of your account password.
1.4.3 You are responsible for all actions carried out under your account and for ensuring that your Earthtone account is not used for any illegal purposes.
1.4.4 You agree to immediately notify Earthtone of any unauthorised use of your password, account or any other breach of security.
1.4.5 Earthtone is not liable for any loss or damage arising from your failure to provide us with accurate account information or to keep your password secure.
1.5 Soft Proofing and Test Printing
1.5.1 Earthtone converts all files to pdf format when they are uploaded by the member. Earthtone cannot guarantee that this conversion will not impact fidelity, formatting, hue, contrast and so on.
1.5.2 The Member is responsible for ensuring that the file(s) submitted for printing are print ready. For the avoidance of doubt, the Member understands that ‘files submitted for printing’ means the pdf-converted version of uploaded files and ‘print ready’ means that the pdf requires no modification except where expressly indicated by the Member prior to placing the order. Earthtone is in no way responsible for modifications or amendments requested or processed after an order is submitted.
1.5.3 Earthtone provides a Soft Proofing feature at step 3 (Review & Confirm) in the print ordering process. This allows Members to view the converted pdf version of the print job on-screen.
1.5.4 Earthtone also provides a Soft Proofing feature in Earthtone Print Manager to allow Print Providers to view the pdf versions of the print job on screen.
1.5.5 Earthtone strongly recommends that both Members and Print Providers check Soft Proofs thoroughly to minimise the need for reprinting.
1.5.6 Test Printing is only available with Standard or Secure printing options. Where a Test Print is selected and the Print Provider identifies a problem, the Print Provider will communicate this to the Member by sending an email via the Earthtone Print Manager prompting the Member to contact the Print Provider directly.
1.5.7 Further details on print options can be found here [FAQ].
1.6 Fulfilment
1.6.1 Print Providers can only offer those print services that they are able to fulfil on-demand. If, for any reason, a Print Provider is unable to provide certain products or services at any time, those products or services must be temporarily withdrawn as soon as possible.
1.6.2 Print Providers are expected to check for new jobs regularly and to respond appropriately and as quickly as possible to provide Members with an accurate estimate of when the print order will be fulfilled.
1.6.3 If a Print Provider is unable to fulfil a job due to a file or technical issue, and this problem cannot be rectified within a reasonable time, the job can be cancelled. The Member will request that the Print Provider authorises a refund using the Earthtone Print Manager. Earthtone will then request that the Member confirms this by sending an email, detailing the circumstances of the cancellation to the appropriate email address as detailed [here].Where Earthtone deems the job to be refundable, the Member's account will be credited, inclusive of all fees, within 21 days of the refund decision.
1.6.4 If the Print Provider cannot complete the job because the Print Provider does not have the relevant materials requested (such as paper, binding or laminate), the Member can request that the Print Provider issue a refund by pressing the stock or hardware issue button in the Earthtone Print Manager. This will result in the Member's account being credited within 24 hours.
1.6.5 Earthtone reserves the right to monitor the performance of Print Providers and to take steps to address persistent fulfilment issues at its sole discretion.
1.6.6 If there are no problems with the print job or if any problems notified to the Member have been remedied to the Member's satisfaction, the print job will continue as normal.
1.6.7 Print Providers can find further information on fulfilment processes and service guidelines in the [FAQ] and [Tutorials]
1.7 Support
1.7.1 You may contact Earthtone if you encounter any technical problem with the Site or the Earthtone Service. You can find up-to-date contact information [here] and answers to many common issues here [FAQ].
1.8 Restrictions on Use
1.8.1 Whilst using the Site, you will not:
1.8.1.1 upload, save, share, print or otherwise process any inappropriate, offensive, blasphemous, defamatory or illegal content, documents or items or any that infringe any intellectual property right;
1.8.1.2 infringe any third party intellectual property rights;
1.8.1.3 breach any part of these Terms of Use;
1.8.1.4 distribute viruses or any other technologies that may harm Earthtone, or the interest of property of Earthtone users;
1.8.1.5 copy, modify, adapt, alter or distribute Earthtone's intellectual property, including its copyrighted works or trade marks, or any other content from the Site; or
1.8.1.6 send unsolicited messages to other Members or Print Providers.
1.9 Liability
1.9.1 You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you upload to the Site.
1.9.2 Earthtone is not a party to business conducted between Members and Print Providers. For the avoidance of doubt, Earthtone is in no way associated with, or liable for the actions of Members or Print Providers using the Service.
1.9.3 Earthtone is not involved in the actual transactions between Members and Print Providers. Earthtone has no control over and does not guarantee the quality or accuracy of the services offered by Print Providers. Earthtone will in no way be liable for any failure by a Print Provider to provide a service as advertised to a Member.
1.9.4 If you are not happy with the service you have received from a Print Provider, we recommend that you address this issue with the Print Provider directly in the first instance.
1.9.5 Members are also encouraged to leave feedback about Print Providers and the service you have received on the Site.
1.9.6 Earthtone strives to ensure the best possible service to its Members and Print Providers. If you have any queries or concerns about the service you have received from Earthtone, please let us know using the appropriate means as indicated [here].
1.9.7 If you become aware or suspicious of the activities of a Print Provider or are lied or misrepresented to in any way, we ask that you notify Earthtone immediately by contacting us [here]. Your communication will be treated in the strictest confidence.
1.9.8 Nothing in these Terms of Use shall limit or exclude our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees, or for any other liability that cannot be limited or excluded by law.
1.9.9 Earthtone cannot guarantee continuous or secure access to the Site or the Earthtone services. The operation of the Site and/or the Earthtone services may be interrupted or interfered with by numerous factors outside of Earthtone's control. Earthtone will use its reasonable endeavours to ensure there is uninterrupted access, but cannot guarantee this and no promises or warranties (whether express or implied) are given regarding the availability of the Site or the Earthtone services. There will also be occasions where scheduled maintenance is required to the Earthtone Service or Site in accordance with paragraph 1.11 below.
1.9.10 Except as set out in paragraph 1.9.8 of these Terms of Use, Earthtone and any of its Associated Companies, affiliates, officers, directors, agents or employees shall not be liable to you in contract, tort or otherwise for any business loss (including loss of data, profits, revenue, business, opportunity, goodwill or reputation), business interruption, costs incurred or any other loss or damage suffered, whether or not foreseeable, arising out of your use of the Site or the Earthtone Service.
1.9.11 In the event that Earthtone is found liable in any way, irrespective of paragraph 1.9.10 above, Earthtone's liability and the liability of our Associated Companies, affiliates, officers, directors, agents or employees shall be limited in any 12 month period to the greater of:
1.9.11.1 the total fees paid to Earthtone in relation to the transaction which gave rise to the liability; or
1.9.11.2 £100.
1.10 Disputes
1.10.1 Where a dispute arises between a Member and Print Provider, Earthtone should be informed of this immediately using the contact information contained.
1.10.2 Whilst Earthtone will not act as a mediator in any dispute, any transactions between the Member and Print Provider in question will be frozen and no funds will be transferred until the successful resolution of the dispute.
1.11 Maintenance
1.11.1 The Earthtone Service and the Site are intended to be always on and available 24 hours a day, 365 days a year.
1.11.2 However, there will be occasions where scheduled maintenance is necessary. Where this is the case, the Earthtone Service or Site may not be available, or only have limited availability.
1.11.3 Scheduled maintenance normally takes place between 5am and 7am GMT every Sunday. Earthtone will use its reasonable endeavours to publish any changes to scheduled maintenance on the Site at least 72 hours in advance.
1.11.4 In exceptional circumstances scheduled maintenance may take longer than 2 hours or unscheduled maintenance may be required to take place outside of the hours listed at paragraph 1.11.3 or before 72 hours notice can be given. Earthtone will use its reasonable endeavours to prevent this from happening and to give as much notice to you where this is required.
1.11.5 Earthtone does not accept liability arising from the Earthtone Service or Site not being available at any time.
1.12 Indemnity
1.12.1 You agree to hold Earthtone harmless and indemnify Earthtone and its Associated Companies, affiliates, officers, agents, employees, advertisers or partners from and against any third party claim arising out of or in any way related to your use of the Earthtone Service or violation of the Terms of Use including any liability or expense arising from all claims, losses, damages (actual and consequential), litigation costs and attorney's fees and any other costs.
1.13 Access and Interference
1.13.1 You agree that you will not use any robot, spider, scraper or any other automated means to access the Site for any purpose.
1.13.2 You agree not to:
1.13.2.1 do anything that imposes or creates an unreasonably large load or generates repeated demands on the Site or the Earthtone service;
1.13.2.2 interfere or attempt to interfere with the proper working of the Site; or
1.13.2.3 bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
1.14 Privacy
1.14.1 For information about Earthtone data protection policy and how we will use your date, please see our Privacy Policy [Privacy].
1.14.2 By signing up to Earthtone, you agree that Earthtone may access, preserve and disclose your account information or content contained within your account:
1.14.2.1 if required to do so by law;
1.14.2.2 in order to provide customer service; and
1.14.2.3 in exceptional circumstances, to detect, prevent or otherwise address fraud, security or technical issues.
1.15 Force Majeure
1.15.1 We will not be liable or responsible for any failure or delay in the performance of any of our obligations under the Terms of Use caused by a Force Majeure Event or where the Force Majeure Event impacts any third party service providers over whom we have no control (including Print Providers, third party service providers, data centre or network providers).
1.15.2 A Force Majeure Event includes but is not limited to any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1.15.2.1 strikes, lock-outs or other industrial action;
1.15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
1.15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
1.15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
1.15.2.5 impossibility of the use of public or private telecommunications networks;
1.15.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and/or
1.15.2.7 failures by third party service providers over whom Earthtone has no control.
1.15.3 The Site and the Earthtone Service will be deemed to be suspended for the period that the Force Majeure Event continues, and Earthtone will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Licence may be performed despite the Force Majeure Event.
1.16 No Agency
1.16.1 No agency, partnership, joint venture, employer and employee or franchisor and franchisee relationships is intended or created by this Terms of Use.
1.17 Notices
1.17.1 All notices given by you to us must be given to Earthtone using the appropriate contact information as indicated [here]. We may give notice to you at either the e-mail or postal address you provided to us when applying to join Earthtone. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or seven days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
1.18 Waiver
1.18.1 If we fail at any time to insist upon strict performance of any of your obligations under the Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
1.18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
1.18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
1.19 Severability
1.19.1 If any of the terms of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
1.20 Third Party Rights
1.20.1 Except as may be expressly set out in this Terms of Use, a person who is not a party to this Terms of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms of Use.
1.21 Entire Agreement
1.21.1 The Terms of Use and any other documents or policies referred to therein, including but not limited to the Privacy Policy [Privacy] constitutes the entire agreement and understanding between Earthtone and you.
1.22 Print Provider's Own Terms and Conditions
1.22.1 When ordering any services from a Print Provider, the Member will be required to agree to the Print Provider's own terms and conditions. These may vary from Print Provider to Print Provider, so it is important that the Member reads the Print Provider's terms and conditions carefully. The Print Provider's terms and conditions will govern the relationship between the Member and Print Provider and Earthtone is not responsible for the content or nature of the relationship between the Member and the Print Provider.
1.23 Amendments
1.23.1 We may amend the Terms of Use at any time. Where an amendment is to take place, a notice will be published on the Site. Please visit this page regularly to check for updates.
1.24 Governing Law
1.24.1 This Terms of Use shall be governed by and in accordance with the Laws of England.
1.24.2 You agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute relating to or arising out of this Terms of Use, including its formation, validity, binding effect, interpretation, performance, breach or termination.
 
2. Members
2.1 Fees
2.1.1 There is no charge for you to join Earthtone and there are no ongoing subscription fees.
2.1.2 We do charge you a small transaction fee when you place a print order. Our fees can be found here [FAQ]. A breakdown of fees, taxes and the cost of printing is displayed in Step 3 (Review & Confirm) of the printing process for your review. You will also be able to find a full invoice history in the account management tab of the Member Portal.
2.1.3 Any changes to our fee structure will be displayed on our site and will also be emailed to your registered email address prior to the change taking effect.
2.1.4 There may also be temporary fees in place from time to time in conjunction with Earthtone promotional events. These temporary fees may be withdrawn at any time.
2.1.5 All fees are payable in either £GBP (pound sterling), $US (US dollar), € (Euro) or $CAD (Canadian dollar). Your default currency is set the first time you credit your account. You are responsible for paying all fees and applicable taxes (including any Value Added Tax or State Sales Tax) associated with your use of the Site and the Earthtone services.
2.1.6 If a Member is charged a tax on a print job scheduled to be picked up at the printer; and then requests the job to be delivered to another location; and if the tax due on such a job is changed, it is the Member’s responsibility to pay any additional tax due or seek a refund for any excess tax paid. Earthtone deducts an amount from the Member’s account according to the job specifications chosen on the website, and is not liable for any changes made subsequently.
2.1.7 Please note that if you use the Site whilst outside of the jurisdiction in which you joined Earthtone, an additional fee may be payable. In such circumstances, you will be notified and given the opportunity to accept or reject the additional fee. Your credit card issuer may also levy a foreign exchange charge if you use a credit card to pay for print jobs in a foreign currency.
2.1.8 Earthtone accepts the following forms of payment: credit cards (Visa, Mastercard, Amex and Discover) and, depending on country-specific limitations, debit cards which will be processed by Paypal, and PayPal credit.
2.1.9 We require you to credit your account by pre-set amounts in order to complete print jobs except where the value of the order exceeds a certain amount. This amount is determined according to the currency in which your account is denominated and further details can be found in the [FAQ]. We recommend that you read the terms and conditions of PayPal who provide our payment services for further information on the fees they charge.
2.1.10 You can add credit to your Earthtone account in the following ways:
2.1.10.1 using a credit card, and, in certain countries, a debit card
2.1.10.2 using our auto-credit feature, which tops up available credit by charging a saved credit card once a threshold, determined by you, is reached.
2.1.10.3 using PayPal credit
2.1.11 In accordance with the Financial Services Authority money laundering regulations, Earthtone currently imposes a maximum credit level of £250. Transactions valued above £250 must be charged to a credit or debit card.
2.2 Cancellation and Refunds
2.2.1 You can cancel any order that has not been processed by the Print Provider in the Job History section of the Manage tab in the Member Portal. Subsequent to the cancellation of an order in this way, Earthtone will credit the Member’s account within 24 hours.
2.2.2 Once a print job has been processed by the Print Provider, it can only be cancelled through Earthtone in certain circumstances. Please refer to paragraphs 1.5.4 and 1.6.4 and the [FAQ] for more information.
2.2.3 Earthtone reserves the right to refuse cancellations and refunds. If you wish to appeal against any refusal you should contact Earthtone using the contact information specified [here]
2.3 Inappropriate Material
2.3.1 You must not use the Earthtone Service to upload, store, share, print or send any material that is inappropriate, offensive, blasphemous or illegal in England or in the country where you are accessing the Site.
2.3.2 If you are found to be in breach of paragraph 2.3.1, Earthtone will immediately disable your account and reserves the right to inform the relevant authorities.
2.4 Print Provider Feedback
2.4.1 Following completion of your print job, we ask that you submit feedback relating to the Print Provider on the Site, so as to improve the Earthtone Service for you and other Members' future use. This feedback helps other Members to make the right choice and we request that you ensure the accuracy of your feedback.
2.4.2 Earthtone is not responsible in any way for the content of feedback left by Members on the site. If you believe that any content or feedback left on the site is inappropriate, please contact a moderator using the contact details [here]
2.4.3 You agree and consent to Earthtone publishing your feedback on the Site. Earthtone retains the right to edit your feedback and is not under any obligation to publish your feedback.
2.5 Termination
2.5.1 You may discontinue your use of the Earthtone Service at any time by emailing Earthtone at the address indicated [here]. If you have credit in your account, this will be refunded to you within 10 business days of receipt of your notification.
2.5.2 Earthtone may at any time and for any reason, including a period of inactivity or a breach of the Terms of Use, terminate or suspend your account. In the event of termination or suspension, you will not be able to access your Earthtone account, or any documents or content contained within your account.