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Terms and Conditions

General terms (applies to all orders)

Pricing and delivery
Moon Valley Media Engine reserves the right to change prices, colors, materials, specifications and quantities in our catalog, web site, or elsewhere without notice or obligation. Prices quoted in our catalog do not include freight. All shipping is FOB Phoenix, AZ, unless indicated otherwise. Moon Valley Media Engine is not responsible for loss or damage to the product once any product has left Moon Valley Media Engine’s premises.
Payment terms
Moon Valley Media Engine accepts cash, check, VISA, MasterCard, Discover, and American Express. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation Moon Valley Media Engine’s reasonable legal fees and litigation/arbitration fees and costs) incurred by Moon Valley Media Engine in recovering any amounts owed to it by the Customer.
Order Cancellation
Moon Valley Media Engine reserves the right to refuse or cancel any order.

Custom replication/duplication order terms

Intellectual Property Rights Protection
Moon Valley Media Engine’s Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to Moon Valley Media Engine: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Moon Valley Media Engine by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Moon Valley Media Engine are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Moon Valley Media Engine of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer’s intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer’s knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Moon Valley Media Engine and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description) (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Moon Valley Media Engine reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Moon Valley Media Engine, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Moon Valley Media Engine does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Moon Valley Media Engine may rely on the customer’s representations and warranties herein and provided under Moon Valley Media Engine’s Intellectual Property Rights Form even if Moon Valley Media Engine investigates such ownership.
If Moon Valley Media Engine determines or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Moon Valley Media Engine will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Moon Valley Media Engine will return such materials to the customer.
Pricing and delivery
The customer’s order will be delayed if the customer has failed to provide to Moon Valley Media Engine all necessary materials (including without limitation master, graphics, deposit, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. Moon Valley Media Engine specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, Moon Valley Media Engine has the right to sell, dispose of, destroy or use any such material on hand in any way Moon Valley Media Engine chooses without any liability by Moon Valley Media Engine to the customer or others.
Moon Valley Media Engine assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to Moon Valley Media Engine’s web site via FTP, email, or other means) for manufacturing. As such, Moon Valley Media Engine is not obligated to return such electronic content to the customer upon completion of the order. Moon Valley Media Engine will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon request, completion and payment of the order.
While Moon Valley Media Engine will treat the customer’s materials with the utmost care, Moon Valley Media Engine specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer’s materials are in the care and possession of Moon Valley Media Engine.
Customer’s materials stored in Moon Valley Media Engine’ premises are not insured and are stored strictly at the customer’s risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Moon Valley Media Engine’ premises.
Payment terms
If replication orders are prepaid in full, including freight and applicable taxes, any overs will be at no charge.
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
Moon Valley Media Engine guarantees the customer’s satisfaction with art and content proofs. If Moon Valley Media Engine cannot satisfy the customer, Moon Valley Media Engine will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Moon Valley Media Engine will charge for all work and services performed, even if the project is subsequently canceled.
Moon Valley Media Engine warrants that material produced and delivered by Moon Valley Media Engine meets Moon Valley Media Engine’ standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.
All custom-manufactured and/or printed Moon Valley Media Engine products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Moon Valley Media Engine from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Moon Valley Media Engine will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Moon Valley Media Engine’ option, refund to customer part or all of the purchase paid to Moon Valley Media Engine, on the condition that a) written notice of such defect or error is received by Moon Valley Media Engine at its office within thirty (30) days after shipment by Moon Valley Media Engine to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Moon Valley Media Engine within the date indicated above, Moon Valley Media Engine will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to Moon Valley Media Engine should Moon Valley Media Engine so request. No merchandise may be returned to Moon Valley Media Engine without written return authorization by Moon Valley Media Engine. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Moon Valley Media Engine. The RMA number must appear on your address label. Moon Valley Media Engine reserves the right to refuse delivery of any item returned without an RMA number.
Moon Valley Media Engine is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by Moon Valley Media Engine may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Moon Valley Media Engine related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer’s materials and any completed product may be delivered to the customer only after all sums owed to Moon Valley Media Engine have been paid in full by cash or check.

Duplicator, printer, and blank media/supplies order terms

Intellectual Property Rights Protection
Moon Valley Media Engine’ Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their content.
Customers purchasing CD and DVD duplicators, blank recordable media, and other hardware and supplies warrant that they will use the equipment and media only for legitimate uses that do not infringe on the intellectual property rights of third parties.
Pricing and delivery
Quoted or acknowledged delivery dates are only estimated dates of delivery. Moon Valley Media Engine specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Payment Terms
Hardware, including but not limited to CD and DVD duplicators and printers, and recordable media and supplies orders must be prepaid in full, including freight and any applicable taxes.
Moon Valley Media Engine reserves the right, among other remedies, to suspend delivery upon failure of the customer to make payment as herein provided. Moon Valley Media Engine reserves the right, among other remedies, either to terminate this agreement or to suspend further deliveries upon failure of the customer to make any payment as herein provided.
Warranty of product, limitation of liability, and indemnification
Moon Valley Media Engine warrants to the original purchaser of hardware products or consumables that products will be free from defects in materials and workmanship depending on the product.
THIS EXPRESS WARRANTY SHALL EXTEND TO ONLY CUSTOMERS OF Moon Valley Media Engine’s AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. Moon Valley Media Engine’s liability under this warranty extends solely to the obligation to repair or replace a covered product. Moon Valley Media Engine’ liability under this warranty shall not exceed the cost of the covered product. The foregoing warranties are exclusive and are in lieu of all other warranties whether written or implied including warranty of merchantability in other respects than expressly set forth above and warranty of fitness for a particular purpose. Further, Moon Valley Media Engine shall have no liability for any consequential or punitive damages or losses to customer or anyone else, under any theory, for defects in material or workmanship or any other reason whatsoever.
All hardware, software, and media products must be returned in the original packaging with all original accessories and documentation included. Moon Valley Media Engine reserves the right to refuse delivery of any item that is not returned in the original packaging. Returned products must be in the same condition as you received them. You must return all pre-loaded software with the product and you may only return pre-loaded software if you choose to return the product. You may return other software only if the package has not been opened. Product must be returned to Moon Valley Media Engine within 30 days from the date of shipment. Non-defective hardware product may be returned to Moon Valley Media Engine to be exchanged for a new product within 14 days from the date of shipment. Moon Valley Media Engine will ship new product upon receipt of the product to be exchanged. The customer is responsible for all shipping charges and applicable sales tax for exchanged product.
Moon Valley Media Engine is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Recordable media guarantee
Moon Valley Media Engine guarantees that once you have successfully recorded data onto a recordable CD-R or DVD-R purchased from Moon Valley Media Engine, the integrity of the data will remain intact. If a recorded disc(s) loses data after successful recording, Moon Valley Media Engine will replace the affected disc(s) with comparable media. Discs that have been rejected during duplication are not covered under this guarantee. Due to the nature of duplication technology and compatibility between media and hardware, a rejection rate of up to 8% is normal during duplication. Moon Valley Media Engine’ liability under this warranty shall not exceed the cost of the covered media. This limited warranty covers normal use. Moon Valley Media Engine does not warrant and is not responsible for damages caused by misuse, abuse, accidents.