Terms and Conditions
By placing this or any order for CD or DVD duplication with MLR Creative Media (a subsidiary of Paeth Design dba Mile Long Records) you hereby agree to the following terms and conditions:

I. Intellectual Property Rights
You are entirely responsible for the content you am delivering to MLR Creative Media for reproduction. Content includes, but is not limited to, data, audio, video, images, text, graphics or other material incorporated in your project. You alone are specifically responsible for obtaining any permissions for any project submitted to MLR Creative Media which may be required from third parties and warrant that your products do not infringe upon the rights of any third party, including copyright, trademark or privacy.

[Under the United States Copyright Law you cannot reproduce other people’s copyrighted works (including songs, recordings, movies, photographs and drawings) without first obtaining express or implied permission from the copyright owner or without qualifying for specific exemptions under the law, such as the use of works in face-to-face teaching activities and other specific types of “fair use.” Trademark laws prohibit you from using another’s trademark or tradename in a way that is likely to cause confusion or mistake about where the product comes from. And, many State laws protect people from having their names or likenesses used without permission.]

Your delivery of content to MLR Creative Media includes a representation from yourself that one, or any combination, of the following is true: (1) You are the owner of the copyright in the content by transfer and/or purchase from the copyright owner; (2) You created the content yourself and own the copyright in the content; (3) You have a direct or implied license from the copyright owner, or an authorized agent, to copy the content; (4) the contents are in the public domain or have been abandoned to public use or are not copyrightable; (5) Your use of the contents falls within established exemptions in the copyright law for teachers or uses by government agencies; (6) You have a good faith belief that I use of the content is “fair use” as defined by the copyright laws of the United States.

MLR Creative Media has no obligation to monitor any materials that you submit for duplication. However, you acknowledge and agree that we have the right, but not the obligation, to monitor any submitted materials, and to disclose any information to any third party in order to operate business properly; to protect ourself and our customers; and to comply with legal obligations or governmental requests. We resPpect all intellectual property rights and expect everyone who uses our services to also respect them. We are relying on your representations and warranty about the content you provide to us as a condition to your using our service. We reserve the right to (a) cancel an order or cancel the account of anyone found to violate the intellectual property rights of third parties and (b) to share the submitter’s account information with government organizations, law enforcement authorities or other third parties as necessary.

By becoming our customer, you agree to indemnify and hold us harmless and accept responsibility for reimbursing us for any costs, expenses or liability we incur if you use our service in any way that is incompatible with our policies or violates any US or international laws. 

II. CD/DVD Compatibility and Disclaimers
a.  GENERAL - Although MLR Creative Media will take every precaution to ensure the maximum quality of the final product, the final output quality is not guaranteed or implied. In no instance can the final output of a disc be better than the original source materials. The better the source original, the better the final output on the disc; the lower quality the original, the lower quality will be in the final output on disc.
b.  COMPATIBILITY - Recordable media discs may not play on every player and universal compatibility cannot be guaranteed. The discs you receive from MLR Creative Media are 100% compliant with the specifications set forth by the different agencies charged with defining standards for CD-R and DVD-R recording technologies. WE only produce high-quality, state-of-the-art products. Over 95% of the disc players on the market today will play our recordable media disc. These players are generally produced by the major manufacturers and are 100% recordable disc compliant. Some manufacturers, in a rush to get products to market, build their machines to work on most discs, realizing that some features of playback compatibility may not work. Many of these machines have problems playing certain commercial discs as well as recordable media discs. Compatibility with all playback devices is not and cannot be guaranteed or implied and no refunds will be made due to playback compatibility problems.
c. ISRC AND CD TEXT - Neither ISRC or CD Text are supported in our automated duplication process and will not be transferred from your master disc to subsequent copies.
d. MASTER COPY - When sending a mailed-in master copy, do NOT send your only copy as you master will NOT be returned. Also any errors or erroneous data that is on your master disc WILL be transferred to your duplicated copies, so check your master carefully.
e. CD-R TIME LIMIT - Because of limitations in the duplication process, CD-Rs are limited to a maximum total time length of 78 minutes. To ensure the highest quality and maximum compatibility in the final product however, it is highly recommended to limit the total length of audio to no more than 74 minutes.
f. SAMPLE DISC - MLR Creative Media will ALWAYS be happy to provide a sample disc with your audio encoded on this disc for you to test compatibility. Although this cannot be misconstrued as a guarantee of future compatibility, it can serve to give you an increased level in confidence in compatibility with certain players.
g. ERRORS & OMISSIONS - MLR Creative Media will make every effort to ensure that every duplication job is correct and error free, but mistakes do happen. In the case of an error on our part, we will replace only that part which has been determined to have an error due to a mistake. Federal and State laws specifically state that we are only responsible for the replacement of our product in case of an error.

III.  Printing, Color Matching and Material Selection

a.  PRINTING PROCESSES - Because MLR Creative Media is a short run CD and DVD duplicator, we do NOT print any of our products on a commercial printing press. This fact is mostly due to the costs involved in the operation and maintenance of commercial printing presses and associated technology, but also due to the short lead times and small quantities on most of our jobs. 100% of our products are printed utilizing a combination of Inkjet, Thermal, Color Laser or Solid Ink Printer technology. Therefore the standards of color matching differ from those of a commercial printer. Although we take great pride in the products we print and produce, we CANNOT guarantee a color match to either a computer monitor or to any previously printed sample that you may have or provide to us. We also cannot guarantee a match to the resolution, color or quality of a product produced by a commercial printing press. We do however feel that we produce very high quality short-run products. If there is ever a question as to print quality, we ALWAYS recommend that you request a print sample (see paragraph “III-d”).
b. PAPER STOCK - MLR Creative Media will always choose the paper stock that we feel is best suited for your particular reproduction project. However, we cannot control availability of certain paper stocks at all given times and occassionally substitutions may occur. While we will do our best to communicate when a paper stock is being substituted, production schedules may not always make it possible to do so. By choosing to place your order with MLR Creative Media, you understand that last minute substitutions may occassionally occur.
c. CD PRINTING - MLR Creative Media uses inkjet printing technology for printing on 100% of the CDs and DVDs we produce. Inkjet technology provides very crisp graphics and text and a very wide color gamut. However, inkjet is not as durable as thermal or silk screen printed discs, and therefore MLR Creative Media cannot warrant that the printing on the disc surface cannot be damaged. Any of our white base CDs with full color print will always be coated with our patented ColorGuard® coating. Our ColorGuard® coating makes the CDs & DVDs considerably more durable, but if maximum durability is a requirement, you should consider having discs produced that use printing technology other than inkjet, as MLR Creative Media cannot guarantee the durability of any inkjet printed CDs & DVDs. Also, we will always be happy to provide a single sample of a printed CD or DVD, then you may judge for yourself if our printing process meets with your expectations.
d. PRINT SAMPLES - We will ALWAYS be happy to provide a single sample of YOUR printed product on the actual stock that will be used for YOUR production run. We will ALWAYS be happy to provide a single sample of a dupicated and printed CD-R or DVD-R. Then you can evaluate the quality, durability, color and resolution of our printing process as well as the stock to be used for your product. While this sample will provide a good indication of what your finished product will look and sound like, it is not a guarantee that each and every unit will match the provided sample. You must request any samples via e-mail and we will send one sample to you free of charge. This sample will be sent via regular mail and your production schedule will most likely be affected by the additional time needed to produce and send any samples and make any adjustments after you receive a sample. By choosing NOT to have a sample produced and sent to you, you completely understand that we cannot be held responsible for any printing related issues described in paragraph III-a.
e. COPY, PHOTOS & GRAPHICS - MLR Creative Media will make every effort to ensure that your job is printed with the correct copy, graphics and photos. We will always provide you with a jpeg or pdf proof of your job. While this jpeg or pdf CANNOT be used as a guarantee of color accuracy and consistency, it is our “target” for copy, photos and graphics and general layout, so please check it carefully and report any changes or modifications that need to be made. Once you approve the pdf or jpeg proof, MLR Creative Media cannot be held responsible for ANY print errors whatsoever. Any costs associated to reprint a job if an error has been caught AFTER a job has begun production will be charged back to you.
f. ERRORS & OMISSIONS - MLR Creative Media will make every effort to ensure that every print job is correct and error free, but mistakes do happen. In the case of an error on our part, we will replace only that part which has been determined to have an error due to a mistake. Federal and State laws specifically state that we are only responsible for the replacement of our product in case of an error. MLR Creative Media also has the sole right to determine what is a mistake and what is a limit of our manufacturing process.

IV. Delivery and Deadlines

a. Although we rarely miss production schedules, the printing and pre-press process involves equipment which is subject to occassional malfunctions and equipment failure. We will always do everything in our power to make sure that any production problems do not delay your job. However, please note that all production and delivery times ARE NOT CONTRACTUAL and no turnaround time can be guaranteed. No verbal or written correspondence by anyone at MLR Creative Media can change that.
b. Please try to plan date sensitive materials with time to spare. MLR Creative Media WILL NOT incur additional cost to meet your deadline even if MLR Creative Media fails to deliver at the stated or anticipated time.
c. Almost all of our jobs are delivered using UPS Ground Delivery Service. Clients opting to use any other type of service, whether provided by UPS or another carrier, do so at their own risk and discretion. MLR Creative Media will not absorb any additional shipping costs other than the costs quoted or we have published to deliver any job.
d. Since MLR Creative Media does not deliver any jobs ourselves, we cannot be held responsible for ANY problems associated with UPS or any other shipper/carrier. We also cannot be held responsible for any delays in shipping because of any issues with any carrier.
e. Full payment is required prior to the production of any job. While we will produce a single sample for your approval free of charge, no final production job will be produced or shipped until payment is made in full. No exceptions.

V. Miscellaneous
a.  MLR Creative Media shall not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement.
b.  MLR Creative Media shall not be held liable or obligated to any remedial actions monetarily or otherwise for errors in the discs produced which are attributable to defects or errors in the source materials provided by the customer or as a result of errors in the disc content layout details submitted by the customer. Furthermore, MLR Creative Media shall not be held liable or obligated to any remedial actions monetarily or otherwise for printing errors of any kind. In the case of a mistake or error, we are only responsible for replacement of our product.
c.  MLR Creative Media make no express or implied warranties or representations with respect to this Agreement or any services or products offered, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance.
d.  This Agreement shall be governed by, construed and enforced under the laws of the State of Illinois .  The parties hereby consent and submit to the jurisdiction of the state and federal courts of the State of Illinois, County of DuPage.
e.  If for any reason any provision of this Agreement is adjudged by a court to be unenforceable, such adjudication shall in no way affect any other provision of this Agreement or the validity or enforcement of the remainder of this Agreement, and such affected provision shall be modified and curtailed only to the extent necessary to bring it into compliance with applicable law.
f.  This Agreement represents the entire agreement and understanding between the parties, and supersedes all prior or contemporaneous agreements whether written or oral.
g.  No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the parties hereto.  Specifically, no oral or e-mail communication shall be considered a waiver, alteration, or modification of any of the provisions of this Agreement, regardless of its content.


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