Legal Terms & Privacy Policy,Deepking Label

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Legal Terms & Privacy Policy

Terms of Service
Last modified January 24th, 2020
Introduction
Deepking Industrial Co.,Ltd. (“Deepking”) maintains the publicly available portions of the website www.deepkinglabels.com and all of its content (collectively, the “Site”) for your information. Please feel free to browse the Site. Your access to and use of the Site is subject to these Terms of Service (“Terms”), our Privacy Policy, and all applicable laws. By accessing, using, and browsing the Site, you agree to the following Terms.

These Terms govern your use of Deepking Inc. software and/or services, including the purchase and use of goods and services (collectively, the “Platform”). By mutually executing a Membership Subscription Agreement (“MSA”) or Evaluation Agreement with Deepking that references these Terms or by using the Deepking Site, you agree to these Terms and the applicable MSA (together with the Privacy Policy).

If you are using the Platform or executing an MSA on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.

These Terms constitute the entire and exclusive understanding and agreement between you and Deepking regarding the Site. Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of such right or provision, and the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Deepking.

We may periodically revise any of the Terms, including but not limited to Expert Services rates, and available Platform features. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page. By continuing to use the Platform after revisions become effective, you are agreeing to the revised Terms.
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1. Copyright
2. Warranty Disclaimers
3. Content
4. Confidentiality
5. Governing Law
6. Membership
7. Platform Users
8. Payment
9. Lead Times
10. Orders
11. Product Manufacturing
12. Carrier and Shipments
13. Tooling
14. Transparent Pricing
15. Management Fees
16. Upgrades
17. Annual Minimum Packaging Spend
18. Expert Services
19. Evaluation
20. Non Disclosure Agreement
21. Indemnification
22. Force Majeure
23. Cancellation and Termination
1. Copyright
Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of Deepking. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio and video, without Deepking's written permission.
2. Warranty Disclaimers
While Deepking uses reasonable efforts to include accurate and up to date information in the Site, Deepking makes no warranties or representations as to its accuracy or completeness. Everything on the Site is provided to you "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF OMISSIONS, ERRORS, OR DEFECTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY USE OF THE SITE IS AT YOUR RISK. Neither Deepking nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential, or punitive damages of any kind arising out of your access to, or use of, the Site. Deepking also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property relating to your access to, use of, or browsing in the Site or your downloading of any content, materials, data, text, images, video or audio from the Site.
3. Content
Any communication or material that is transmitted to or from Deepking through the Site is governed by our Terms. Subject to the foregoing, any communication or material you transmit to or through the Site electronically or otherwise, including any questions, comments, or suggestions is, and will be treated as non-confidential and non-proprietary. Anything you transmit or submit may be used by Deepking or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Deepking is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Any copying, reproduction, redistribution, modification, display, or creation of derivative works from the Site, the content on the Site or the collective work is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written consent of Deepking. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.

Images of people or places displayed on the Site are either the property of, or used with permission by, Deepking. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including Deepking®, are registered and unregistered trademarks of Deepking and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Deepking or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. Deepking may seek to enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Deepking has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
4. Confidentiality
Certain areas of this Site, such as areas that require a login to access, may contain confidential information of Deepking or third parties and may be restricted and/or subject to additional terms of use. A valid username and password may be required to access those areas. Access by unauthorized persons, and unauthorized use or disclosure of Deepking or a third party’s confidential information, is a violation of Deepking's or such third parties’ rights and is strictly prohibited.

Certain products and services described on the Site are available only to Members for a fee and may be subject to additional Deepking or third party terms and conditions.
5. Governing Law
These Terms are governed by the law of the State of California without regard to its conflicts of law principles.
6. Membership
Membership is required before gaining full access to all of the Deepking platform products and services. A Membership Subscription Agreement (“MSA”) between you and Deepking is required before your membership can begin. The MSA defines payment terms, fees, and other conditions within a specific agreement period.

Deepking offers its Members exclusive access to its supply chain management services, manufacturing partner network, transparent pricing, and expert services.

Once you become a Member it is important to provide Deepking with accurate, complete, and up to date information. As a Member you agree to update such information prior to estimating or purchasing any products or services, as it may affect the estimated turnaround time and quoted costs of final delivery.
7. Platform Users
Once an MSA has been signed, Members can add Authorized Users (“Users”) to the Platform.

Users agree to not: (a) share passwords or login details with anyone else within or external to your organization, (b) share platform features or content with any third party, (c) access the platform to build a competitive product or service, and (d) download or use any Deepking graphics or photography without written authorization from Deepking.

Members are responsible and liable for: (a) your Authorized Users’ use of the Platform in compliance with these Terms, and (b) any use of the Platform through your account, whether authorized or unauthorized.

All Users are subject to approval by Deepking and you agree to notify Deepking immediately of any known or suspected unauthorized use of the Platform or Services.
Users agrees not to submit, transmit or upload to the Platform any content that: (a) is false, deceptive, misleading, or deceitful; (c) infringes any Intellectual Property Rights of any third party, or is a submission that you do not have the right or authority to make; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; and/or (e) disrupts the normal flow of dialogue with an excessive amount of submissions (flooding attack) to the Platform or Site, or that otherwise negatively affects other users’ ability to use the Platform or Site. Deepking has the right to contact any User on the platform at any time and may immediately suspend or terminate membership or any authorized user’s access to the platform and services for any actual or suspected violation of these Terms at any time.
8. Payment
All payment terms and credit limits are subject to approval by Deepking. A payment terms application will be provided and must be signed by a company officer. Should your approved payment terms change, Deepking will notify you in writing immediately.

Payments can be made directly through the Deepking platform via ACH or credit card. You agree to pay all of the amounts due on your invoices in accordance with your approved payment terms as referenced in your MSA.

Your bank account is required to be linked on the Platform. Your bank account may be auto-debited for all upfront amounts due at the time of an order and/or any amounts that are overdue in accordance with your approved payment terms. If payment is declined an additional fee may be assessed per charge attempt.

An Automated Payment Authorization form is required to be signed by all members in accordance with your MSA. If you fail to make a payment within your required payment terms we reserve the right to auto-charge your payment method on file. All credit card transactions will be subject to an additional transaction fee.
Deepking reserves the right to reject orders, hold shipments, and stop production if we cannot collect overdue payments or if there is a violation of the Terms.
Members are responsible for all miscellaneous costs and fees due for the procurement, transit, and manufacturing of goods and services, including but not limited to sales tax, duties, exams, and tariffs. Deepking will make a best effort to provide estimates for all costs associated with the production and delivery of Items.
All products and services are custom to our Member’s specifications and cannot be refunded after an Order has been submitted and accepted by Deepking.
9. Lead Times
Lead times and estimated delivery dates are determined by product specifications and the Manufacturer selected. Estimation of lead time begins from the point of order acceptance by Deepking and may differ from the listed values in the Deepking Product Catalog.

We may provide you an estimated delivery window at the time you place an order. Your order may be subject to delays that are outside of our control that may alter the estimated delivery date. Deepking will not be responsible for any financial consequences for delays, but will make every reasonable effort to mitigate delays, manage issue resolution with the Manufacturer and the Carrier to provide solutions.
10. Orders
Orders can only be submitted through the Platform. Once Deepking has accepted an order it becomes a binding agreement between both parties.

Prior to the acceptance of an order, Deepking may review and reject any order for any reason, including if there are issues with specifications. Members will have the opportunity to resubmit an order once corrections have been made.

At the time of order placement, Deepking may reference a to-be-determined tax and/or freight cost that will be included on a future invoice. These costs are estimates only and are subject to change once the final costs are determined. Members are required to pay all actual taxes and freight costs directly from the Carrier that are included on invoices.

Read our detailed guide for instructions on how to process an order online.
11. Product Manufacturing
Members have access to custom manufacture their products using our network of manufacturing partners (“Manufacturer”).

Members agree that any Manufacturer introduced by Deepking represents significant efforts and working relationships that are unique to, and part of, the work product and intellectual capital of Deepking. Therefore, without the prior specific written consent of Deepking, Members agrees to refrain from conducting direct or indirect business dealings of any kind with any Manufacturer introduced by Deepking, with the exception of parties with which You has previously had a formal business relationship, during the term of their MSA and for a period of (2) years thereafter.

A Proof will be provided in your dashboard before production begins by the Manufacturer. This Proof should be used to inspect and approve layout, dimensions, spelling, and listed color values. These are not indicative of the actual print quality on manufactured products. Proofs are not considered color-accurate since monitors and printers can widely vary. Approving the Deepking Proof is an acknowledgement that item specification is represented correctly and this approval is considered a binding agreement.

Note that any pre-production samples received prior to placing an Order are for photography and reference only. The Proof file approved on the Platform supersedes any samples received, even if the material or print specifications differ.
Manufactured products (“Items”) will follow our Quality Standards. If you do not see your specific product listed on our Quality Policies page, please request more information from your account manager before placing an order.

If your Items do not meet the specific quality standards listed you may be eligible for a corrected reproduction of the finished goods at no additional charge. In order to determine eligibility Members must follow our Acceptable Quality Limit (AQL) Procedure.
Items manufactured are subject to overproduction or underproduction by the Manufacturer, relative to the ordered quantities (“Overs” or “Unders”, respectively). You will be billed for overs or refunded for unders not to exceed ±10%.
12. Carrier and Shipments
Deepking uses a network of freight partners (the “Carrier”) to import, ship, and deliver Items to their destination.

Delivery details for the shipment of ordered items (“Shipment”) are provided when available. Estimated delivery dates are provided by the Carrier upon the time of Shipment.
13. Tooling
The purchase of tooling equipment (“Tooling”) may be required to manufacture custom Items. Tooling equipment typically includes printing plates, cutting dies, and/or molds, and may have additional charges related to their reuse or re-application.

Depending on usage it may be required to purchase a new set of Tooling once the equipment exceeds a specific number of impressions or period of time.

Tooling will be stored by the Manufacturer. Tooling that has not been used for a period of one calendar year from purchase date may be disposed of at the discretion of the Manufacturer.

Payment for Tooling purchased is due upon order placement and is free of additional markup or management fees. Once paid in full the Tooling belongs to the Member
If an MSA is terminated before its end date, all outstanding amounts due to Deepking must be paid before tooling will be released.
At the Member’s request, Tooling may be transferred to you or another Manufacturer, though associated costs, including shipping and handling charges will be billed directly to the Member. Transferring tooling is not recommended as it may be difficult to match plant by plant equipment specs and may lead to production errors. Deepking cannot guarantee our quality standards on any transferred tooling.
14. Transparent Pricing
Members can compare factory direct quoted pricing (“Quotes”) through our platform from the Deepking manufacturing network. Quotes are subject to expiration and may change prior to Order acceptance.

Quoted items, tooling, and freight costs are presented without markup and are the direct quoted costs from our partners, unless otherwise stated.
15. Management Fees
Members are charged a fee (the “Management Fee”), governed by your MSA, for our supply chain and production management services on every order. The Management Fee is not subject to proration or cancelation.

This management fees only apply to any product purchased, including any additional overproduction (up to 10% per order item, unless otherwise agreed upon in writing). No additional fees will be charged on top of freight, tooling or applicable taxes.
16. Upgrades
Members can upgrade their membership by signing an amendment to their MSA committing to a larger annual packaging spend and in turn lowering their management fee. As soon as you upgrade, you will have the lower management fee rate applied to every order throughout the rest of your annual contract.

Your annual contract start and end dates will not change.
17. Annual Minimum Packaging Spend
Members will commit to a specific dollar amount of expected packaging spend on an annual basis. This packaging spend is determined by products purchased through our platform and outlined in your MSA.

Only manufactured products purchased through our platform count toward your Minimum Annual Packaging Spend total.
18. Expert Services
As a member you will have access to use our expert services. These services are provided at a flat or variable rate, depending on the services requested. This pricing is subject to change at any time and without notice. Before beginning a new services project, you may request a cost estimate.

Expert services payment terms are subject to your MSA and your approved payment terms.

Some services rendered will provide our Members physical prototypes and samples provided are printed and cut on different equipment than the actual production run and the final structure, ink, material, and color will differ. Shipping of these items will be invoiced separately.
19. Evaluation
Before becoming a member, companies may gain partial access, free of charge, to the Deepking Platform for a limited period of time by executing an evaluation agreement. During this period of time (the “Evaluation”), companies have access to Deepking and will be able to request quotes from the Deepking Network.

For more information about Evaluations please read the FAQ.

If an exception is made to allow an order to be placed during an Evaluation all the outlined Membership Terms apply to the order.
20. Non Disclosure Agreement
Before entering into an Evaluation or MSA, you will be provided a Mutual Non Disclosure Agreement. If you have not received a fully executed MNDA please contact your account manager.
21. Indemnification
You agree to indemnify and hold harmless Deepking, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any submissions, your third party event, website or organization, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.
22. Force Majeure
Deepking is not responsible to members for anything that Deepking may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
23. Cancellation and Termination
If you cancel your subscription, you will be responsible for all costs, expenses, and the balance of any remaining Management Fees due or payable under your account through the end of the then-current term. To cancel, you must do so in writing, by sending an email to info@deepkinglabels.com. Membership subscriptions will auto-renew at the end of the annual term. Deepking will send you a reminder 30-60 days prior to each renewal.

Deepking may terminate a membership at its sole discretion with notice provided.
Privacy Policy
Last modified January 24th, 2020
Introduction
Thank you for visiting Deepking. Please read this Privacy Policy and our Terms of Service carefully, as we require that you agree to both in order to have permission to use our Service.
Information Collected
We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, job title, email address, mailing address, delivery address, credit card, order information, and telephone. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
Use of Your Information
We may use your information to; enhance or improve user experience, our Site, or our service, process transactions, send emails about our Site or respond to inquiries, send our newsletter, perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or service, accessing, Editing, and Removing Your Informatio

Users are able to review, delete, and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

This personal information we collect may be shared with our Manufacturing Partners so they may provide accurate quotes, complete orders, and deliver products to their final destination.
Cookies
We use cookies to remember your shopping cart items. For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.
Third Party Websites
Deepking may post links to third party websites on its Site. These third party websites are not screened for privacy or security issues by Deepking, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Deepking bears no responsibility for the information collected or used by any advertisers or third party website. Please review the Privacy Policy and Terms of Service for each site you visit through third party links.
Third Party Access to Your Information
Although you are entering into an Agreement with Deepking to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our Site.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Release of Your Information for Legal Purposes
At times it may become necessary, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Commercial and Non-Commercial Communications
By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Deepking since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying Deepking that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.
Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our Site secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
Your California Privacy Rights
Deepking permits residents of California to use its services. Therefore, it is the intent of Deepking to comply with the California Consumer Privacy Act. This Privacy Policy provides a list of the personal data that is collected from our Members and visitors to our site. It also includes how your information is shared and to whom. If you are a California resident you may request more information at any time and may request that we delete your personal information by contacting us at info@deepkinglabels.com. We do not sell your personal data and do not discriminate against anyone exercising their privacy rights.
International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Deepking transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you access our Service, and your continued use of our Site constitutes your agreement to any such amendments.