Indemnification Back To Top

Customer represents and warrants that, with respect to any information or materials furnished to under this agreement, it has the necessary rights and authority to allow Disc Creations to perform the services requested under this Agreement so as not to result in Customer or Disc Creations infringing any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable.  Customer hereby indemnifies harmless from and against any/all claims, suits, penalties, costs and expenses (including without limitation, legal fees, costs and disbursement) incurred, suffered or expended by/or threatened and any contractual agreement governing the data, recorded and printed materials delivered pursuant to this Agreement and any claim of infringement of copyrights or any other applicable statutes or comparable law of any other jurisdiction regulating the rights and use of data, recorded and printed materials.  Customer further represents and warrants that having Disc Creations perform the services requested will not violate any legal statute, lawful order, or regulation, including, but not limited to, those regarding copyright, obscenity, and national security.  Customer will indemnify, defend, and hold harmless Disc Creations and its employees, agents, contractors, successors, and assigns from any loss, claim, liability, and expense with respect to any threatened or legal action, whether administrative, civil or criminal, regarding the information or materials furnished by Customer to Disc Creations under this agreement.

Liability Back To Top

In no event, including without limitation delay or failure of delivery, shall Disc Creations’s liability to Customer under any theory exceed the amount paid for orders under question by Customer to Disc Creations.  No action, regardless of form, arising out of any claimed breach of this agreement or transactions under this agreement may be brought by either party more than one year after the cause of action has accrued. Disc Creations shall not be liable for nor be deemed to be in default on account of any failure to perform services or deliver goods if such failure is due to any cause or condition beyond Disc Creations’s control, including but not limited to acts of nature, war, or terrorism, unavailability of material, equipment failures, or labor troubles.  You agree that the sole and exclusive maximum liability to Disc Creations arising from any services and products purchased from Disc Creations or Disc Creations.com site shall be the price of the services or products purchased.  In no event shall Disc Creations, its directors, officers, employees or representatives be responsible for special, indirect, consequential, or punitive damages related to services and products ordered.

Guarantee Back To Top

Disc Creations offers customers two guarantees:  Quality Guarantee and Turn-Time Guarantee.

Quality Guarantee – Disc Creations guarantees 100% identical duplication and replication of masters provided by Customer.   Discs duplicated or replicated by Disc Creations will be free of errors and defects with respect to Customer’s original master.  Disc Creations will not be liable for errors on replicated discs that also exist on Customer’s master.  This will apply for all orders except playability problems with DVD where Customer order includes testing of discs for playability.  In the event that defects are found on discs duplicated or replicated by Disc Creations and are not found on Customer’s original master, Disc Creations reserves the right to either replace all defected discs or refund Customer the total amount Customer paid for the order.  Customers must notify Disc Creations of any defects within 7 days after receiving their order.

Turn-Time Guarantee – Disc Creations guarantees 100% on-time completion of Customer orders.  This guarantee does not apply to orders that are delayed due to Customer delay on approving artwork or Check Discs. Once all items required are received (order forms, artwork, master disc, and payment) and Customer approves artwork, turn-time begins (See How To Order for more information). A “1” day turn is 24 hours.  A “Zero” Day turn is within 24 hours.  Turn-time will be calculated beginning on Day “0” and end on the last work day of the specified turn-time.  For example, for a 7 Work Day Turn, if Disc Creations receives all items required and approval of artwork at 12 noon on Monday 5th, Customer’s order will be ready to ship on or before Wednesday, 14th at 12noon.

Monday 5th       Day “0”
Tuesday 6th       ..Day “1”
Wednesday 7th   .Day “2”
Thursday 8th      .Day “3”
Friday 9th          ..Day “4”
Saturday 10th    ..Non-Work Day
Sunday 11th      ..Non-Work Day
Monday 12th      ..Day “5”
Tuesday 13th    ...Day “6”
Wednesday 14th...Day "7"

Holidays count as Non-Work Days.  Rush is available for certain orders and are based upon availability. For rush orders, Customer must take into account the time it takes to ship. Turn-time does not include the time it takes to ship. Important: Artwork PDF Proofs, Match Prints, and Check Discs must be approved before turn-time begins.

In the case Disc Creations fails to deliver Customer’s order by the due date indicated on Customer’s quotation, assuming there no delays, Disc Creations reserves the right to credit Customer $50.00 for each day the order is not delivered past the due date, or refund Customer up to but not exceeding the total amount of the order.  In no event, including delay or failure of delivery, shall Disc Creations’s liability to Customer under any theory exceed the amount paid by Customer to Disc Creations for the order.  Disc Creations also will not be liable or penalized for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the Disc Creations’s control.  In such cases orders will be delayed by an amount of time equal to the delay incurred.  In no event shall Disc Creations be liable for, and Customer expressly waives any claim for, indirect, incidental, punitive, exemplary, special or consequential damages, including, but not limited to lost profits.

Content Back To Top

Any disputes or legal action arising from Customer’s disc content is the sole responsibility of the Customer.  Customer hereby indemnifies Disc Creations and its employees, agents, contractors, successors, and assigns of all legal issues pertaining to vulgar, inappropriate, distasteful, offensive, or any work that attacks or demeans an individual, race, religion, or group.  The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights.  Disc Creations reserves the right to refuse or cancel orders that are deemed illegal, libelous, scandalous, improper or infringing upon copyright law.

Pricing Back To Top

To place an order, Customer must fax or email their Quotation signed by an authorized personnel.  Customers can receive quotes by calling (888) 714-7722 or filling out our online quote request at www.disccreations.com/quote.html.  Quotations do not include shipping unless specified on a line item or noted “FOB Destination” under Shipping Terms.  Quotations expire thirty days from their date of issue.  Disc Creations accepts all non-expired quotes except where prices are misquoted or if materials received for order are inconsistent with Customer’s request when quoted.  Disc Creations reserves the right to revise quoted prices or make corrections to reflect the correct price and specifications.  We encourage you to ask if you have any questions about your quote.  Call us toll free at (888) 714-7722 and we will be happy to go over your quote with you.  Disc Creations reserves the right to change or revise prices offered to Customer at its sole discretion and will notify Customer of any changes.

If orders placed by Customer contain incorrect prices, unacceptable terms or does not match order material Customer mails in, Disc Creations shall have the right to refuse, cancel or revise Customer order to reflect correct prices and specifications for products and services, and will notify Customer of such changes before proceeding with the order.  Disc Creations reserves the right to refuse service to customers who do not accept our terms and policies or have a negative working relationship with us.

Sales Tax Back to Top

A sales tax rate of 8.75% will be applied to all orders unless Customer provides a valid, unexpired “Seller’s Permit” or are located outside the State of California.  Out-of-state customers may still be liable for taxes in their home state.  The Customer agrees to pay all taxes due in their home state.  If Disc Creations drop ships an order for an out-of-state Customer to a retailer in California, tax will only be applied if the out-of-state Customer does not hold a valid seller’s permit.

Payment Back to Top

In an effort to contribute to a greener planet, Disc Creations no longer accepts paper checks.  However, we offer our Customers many other convenient ways to make payment methods.  We accept Phone checks (check payments over the phone), Credit Card (Visa, MasterCard, Discover, American Express), PayPal, and wire transfers.  All payments and required documents must be received before production begins.

Net Terms are offered to clients with an approved credit line and honorable working relationship with Disc Creations for at least 3 months.  Net Terms begins on the day Disc Creations ships Customer order or is picked up by the client.  Disc Creations reserves the right to withdraw any terms extended to Customer as a result of late or non-payment.

A $25.00 processing fee will be charged for each returned check.  An monthly charge of 1.5% will be applied to customer balance for any late payments.  Customer agrees to pay all attorney fees, collection fees, court costs and other expenses incurred by Disc Creations to enforce its rights under this agreement.

Artwork (See also Technical Guidelines) Back to Top

Disc Creations is not responsible for problems with artwork that would prevent the file from being viewed or printed correctly such as missing files and fonts, resolution, color mode, missing images, or proper bleed.  This may cause a delay equivalent to the time it takes for Customer to fix the problem and re-submit for processing.  Disc Creations can only make minor adjustments to artwork upon Customer’s request such as adjusting positioning and layout of artwork on templates.  All other changes or modification needs to be done by the Customer and re-submitted for processing.  This does not apply to artwork designed by Disc Creations for the Customer.  If Customer needs to modify artwork after it has been approved, Customer is responsible to pay for all worked performed prior to such modification.  (See also Order Changes and Cancellations)

Disc Creations does not guarantee color matching of disc labels or printed packaging material.  The resulting colors of your printed label or packaging material may not match exactly to colors on your digital PDF proofs due to inherent factors in the printing process.  Re-prints from previous order are affected by the same factors and may not match exactly to previous prints.  For more information on color matching and how to improve color matching, please refer to our technical guidelines located on our website at www.disccreations.com/technical_guidelines.html

Master (See also Technical Guidelines) Back To Top

Important:  Before submitting your master for replication, please make sure there are no scratches and that your disc is working and functioning properly.  We will not be liable for errors on replicated discs that also exist on your master.  We will inform you in the case we encounter a problem with your master during our quality check procedures, at which point you will need to furnish a new master.

Please DO NOT mail in your only master copy.  Mail in 2 copies of your master whenever possible and always make backup copies of your master.   It is the customer's responsibility to maintain a copy of their master and original files.  Disc Creations will not be responsible or liable for masters lost or damaged in the mail, in transit to and from Customer, or damaged (including the negligence of Disc Creations) during the production process.

Disc Creations will not mail masters and/or artwork materials back to Customers unless requested.  Masters and artwork will be stored and filed for future re-order purposes.  If requested, masters will be mailed back to Customers in a separate package after orders are completed and shipped.

In cases where Customer requests Disc Creations to create CD-R or DVD-R master from files uploaded or emailed to Disc Creations, Customer must approve master disc created for the Customer in order to proceed to replication. Any delays on approval of the master may result in a delay of Customer's order equivalent to the time it takes Customer to approve the master. If time constraints or other circumstances dictate that the customer cannot verify and approve the source master disc, then an email approval or written approval is required before Disc Creations can proceed to replicating Customer's master. Customer agrees that an approval, whether written or by email constitutes a waiver of Disc Creations’s liability to any aspect of performance associated with the use of the source master created by Disc Creations for the Customer. If Customer needs to modify masters after check discs are approved, Customer is responsible to pay for all worked performed prior to such modification.  (See also Order Changes and Cancellations)

Shipping Back To Top

All orders placed with Disc Creations are FOB Disc Creations unless otherwise specified.  Turn-time is the time it takes for Customer’s order to be completed and ready to ship and does not include the time it takes to ship to the destination.  Customers may choose to have Disc Creations drop ship (blind ship) their orders and must make their request before orders are ready to ship.  All other orders will be shipped to the address noted on the Customer’s quotation or purchase order.  Disc Creations can make local deliveries and are available for customers within a 50 miles radius of our facilities.  Rates for local deliveries will vary depending on order’s total weight, box sizes, and distance of Customer’s location from our facilities.

If Disc Creations ships an order to Customer, Disc Creations is only liable for damage to packages and package contents shipped using Disc Creations’s preferred shipping company or internal company van.  Disc Creations will not be liable for damages to package contents if shipped using Customer’s shipping company or any common carrier such as USPS, UPS, FedEx or DHL.  In this case, the client is responsible to make any claims on shipping damage with the common carrier.  In the case package contents are damaged using by Disc Creations’s carriers, Disc Creations reserves the right to replace damaged quantities, or refund to the Customer the total unit amount paid by Customer for each damaged item.  In no event shall Disc Creations be liable for, and Customer expressly waives any claim for, indirect, incidental, punitive, exemplary, special or consequential damages, including, but not limited to lost profits.

Important:  We recommend customers who want their orders shipped using a common carrier such as UPS, FedEx or DHL to request Disc Creations to Double-Box their orders in order to sufficiently protect their package during shipping.  Customers must request double boxing before their orders are ready to ship and will be charged based on our current rates.

Customer Furnished Material Back To Top

Customer must make sure to use protective packaging methods when shipping masters or material for assembly to Disc Creations.  Ask your postal carrier or shipping company about how to safely ship your package.  We will not be liable or responsible for damages to packages or package contents that are shipped to us, nor responsible missing quantities for Customer furnished material.  Discrepancies between ship ticket quantities and actual physical count for materials furnished by Customer is the sole responsibility of Customer and their shipping carrier.

Turn-time Back To Top

Unless otherwise stated, all orders are scheduled to be completed and ready to ship based on the turn-time stated on Customer quotation.  Turn-time does not include shipping.  Customer must take into account the time it takes to ship for all orders.  Our standard turn-time for bulk orders are 7 working days.  Turn-time for all orders that require packaging is 10 working days.  Rush orders are available for certain orders and are based upon availability.  Please call us for availability at (888) 714-7722.  Orders that require any additional services before replication begins will require additional time equivalent to the time it takes to complete the service and for Customer to approve the finished service.

Day “0” of turn-time will begin on the day Disc Creations receives from Customer all artwork, master, materials, payment, and required documents to process the order (See How To Order for more information).  All required items received before 12 noon will count as Day “1”.  A “1” day turn is 24 hours.  A “Zero” Day turn is within 24 hours.  Turn-time will be calculated beginning on Day “1” and end on the last work day of the specified turn-time.  For example, for a 7 Work Day Turn, if Disc Creations receives all required items from Customer before 12 noon on Monday 5^th, Customer’s order will be ready to ship by the “end of day” on Tuesday, 13^th

Monday 5^th       Day “1”
Tuesday 6^th       Day “2”
Wednesday 7^th   Day “3”
Thursday 8^th      Day “4”
Friday 9^th          Day “5”
Saturday 10^th    Non-Work Day
Sunday 11^th      Non-Work Day
Monday 12^th      Day “6”
Tuesday 13^th    Day “7”

“End of day” hereunder means by 6:00 p.m. on that work day.  Holidays count as non-working days.  Rush is available for certain orders and are based upon availability. Turn-time does not include shipping time.  For rush orders, Customer must take into account the time it takes to ship.

Important: Artwork PDF proofs, match prints, and check discs need to be approved on the same day they are received by the Customer to avoid delays.  Any delays in receiving Customer approvals will result in an order delay equivalent to the number of days it takes for the Customer to approve.  For example:  Assuming a standard 7 work day turn and Customer A is a female, if Customer A approves her digital artwork PDF proof 2 days after she receives her proof, the turn-time for the order will be extended to 9 work days.

In the case Disc Creations fails to deliver Customer’s order by the due date indicated on Customer’s quotation, assuming there no delays, Disc Creations reserves the right to either credit the customer $50 for each day the order is not delivered past the due date, or refund the Customer up to but not exceeding the total amount of the order.  In no event, including delay or failure of delivery, shall Disc Creations’s liability to Customer under any theory exceed the amount paid by Customer to Disc Creations for the order.  Disc Creations also will not be liable or penalized for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the Disc Creations’s control.  In such cases orders will be delayed by an amount of time equal to the delay incurred.  In no event shall Disc Creations be liable for, and Customer expressly waives any claim for, indirect, incidental, punitive, exemplary, special or consequential damages, including, but not limited to lost profits.

Overage Back To Top

Disc Creations does not charge for any overages.  We only charge for quantities customers order.

Shortage Back To Top

Customers claiming shortage of quantities received on their order must provide “valid” evidence of shortage.  “Valid” evidence includes:

1. Packing list signed by the receiver showing shortage of quantities.
2. Shipping bill showing substantial differences in weights for otherwise identical packages.

Disc Creations will investigate any claims of shortages and will review the evidence provided by Customer.  When investigating shortages, Disc Creations will compare Customer’s shipping bill weights against standard weights on record for items and boxes.  If evidence provided is deemed valid, Disc Creations reserves the right to either ship to Customer any missing quantities, or refund Customer the amount paid by Customer for each missing unit.  In no case shall Disc Creations be responsible to fulfill any shortage of replicated disc without valid evidence.

Note:  As part of our commitment to quality products and service, we’ve made it a part of our production process to include approximately 4 extra discs for every 500 disc replicated to avoid shortages.

Problem Orders Back To Top

If there is a problem with your order, you must notify us within 7 business days after receiving your order.  Reports of problems or defects after 7 business days will not be considered.

In the case a mistake or error is made by Disc Creations, Disc Creations reserves the right to either fix the error and replace the order, or refund the total amount Customer paid for the order.  You agree that the sole and exclusive maximum liability to Disc Creations arising from any services and products purchased from Disc Creations or Disc Creations.com site shall be the price of the services or products purchased.  In no event shall Disc Creations be liable for, and Customer expressly waives any claim for, indirect, incidental, punitive, exemplary, special or consequential damages, including, but not limited to lost profits.

Order Changes and Cancellations Back To Top

Customer requests to cancel or modify an order for which work has commenced shall be invoiced for all work performed prior to such cancellation or modification.  If cancellation is after production begins, Customers are liable up to the point of stop production for all processing costs and services as well as printed material, packaging labor, and discs replicated. 

Referral Rewards Back To Top

As part of our commitment to delivering value to our customers, we offer rewards for referrals. Rewards are only offered for replication orders and must meet the requirements below.

In order to qualify for rewards, a referral must be qualified.  A referral is “qualified” if:

1. The referee is new to Disc Creations and has never contacted or worked or with Disc Creations in the past.
2. The referee places a minimum order of 1000 CD or DVD replications.

Referrals must be made by calling our toll free number at (888)714-7722 or emailing us at referralrewards@disccreations.com. You can also fill out our online Referral Form.

Rewards will be calculated at the end of each month.  Once rewards add up to $100 or more, referrers will receive a check in the mail for the total reward amount within 2-3 business days.  Disc Creations will not mail checks for reward amounts until at least $100 is accumulated for a referrer.

Disc Creations will investigate any questionable referrals or abuse of its program and reserves the right to deny rewards for referrals that are deemed invalid.

Copyright Back To Top

All orders must be accompanied by an Intellectual Property Rights (IPR) form signed by the owner of the contents to be replicated or by a third party representing the content owner.   Your authorized signature on the copyright form will be taken as a legal document on any or all of the duplication and replication services.  Your signature will also warrants that, with respect to any information or materials furnished, it has the necessary rights and authority to allow Disc Creations to perform the services requested so as not to result in Customer or Disc Creations infringing any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable.  Any violation or infringement of copyright will be punishable to the extent of the law.  All copyright disputes will be the sole responsibility of the Customer.

Creative Works Back To Top

Designs created by Disc Creations for your project is your exclusive property.  We will send you the original artwork file for you to modify and use as you see fit.  Disc Creations will work with Customer to create designs based on Customer requests.  Disc Creations and its designers will not be liable for any designs or content of those designs created for Customers that infringes any trademark, copyright, patent, trade secret, contract, property right, or third party rights of any kind, whether statutory, legal or equitable.  Customer will further indemnify, defend, and hold harmless Disc Creations and its employees, agents, contractors, successors, and assigns from any loss, claim, liability, and expense with respect to any threatened or legal action, whether administrative, civil or criminal, regarding all designs created for Customer.  All trademark, copyright, patent, trade secret, contract, property right, or third party right disputes will be the sole responsibility of the Customer.

Privacy Policy  Back To Top

Your privacy is very important to us.  Disc Creations will not sell, rent, or share your identifiable personal information to any third party unless required by law or with the exception of a third party who credibly alleges that you have violated their Intellectual Property Rights.

General Terms Back To Top

All materials and its content on this website is the sole property of Disc Creations.  Disc Creations reserves the right to makes changes to contents of this website and its terms and conditions.  Any unpermitted use of the materials could result in criminal or civil penalties.

Contents and information on Disc Creations.com website will be updated regularly.  Although we have taken reasonable precautions to ensure all information is accurate and up-to-date, Disc Creations will not be liable for any typographical errors on its website.

No part of this Agreement may be waived, modified, or supplemented in any manner whatsoever except by a written instrument signed by duly authorized officers of the parties.

Disputes Back To Top

In the case of a dispute or legal action, Customer agree that any action will be filed and litigated in Orange County, California. Customer also agrees to arbitration rather than legal actions through the courts and to have Disc Creations provide an arbitrator acceptable to both parties.