Terms of Service
These Terms of Service (“Terms”) govern all design services, custom coloring book creations, physical printing, and digital deliverables provided by CuriousCustom LLC to its clients (“Client,” “you,” or “your”). By accepting an invoice, submitting payment, or engaging our services, you agree to be bound by these Terms.
1. Definitions
“Project” refers to the specific custom design, illustration, formatting, or printing services agreed upon between the Company and the Client.
“Artwork” encompasses all drafts, sketches, line work, vector illustrations, graphics, and layout files created by the Company.
“Deliverables” include the agreed-upon tangible goods (such as bound physical coloring books) and intangible end-products (such as approved, flattened digital print-ready PDF files) delivered to the Client.
“Working Files” include proprietary digital source files, layered design files (.ai, .psd, .indd), fonts, vector brushes, and design templates.
“Client Materials” refers to all logos, photographs, text, artwork, or other intellectual property provided by the Client for incorporation into the Project.
“Confidential Information” means proprietary business information, technical data, trade secrets, or non-public operational details disclosed by either party.
2. Scope of Work & Production Specifications
Design & Print Services: The Company provides custom illustration, page formatting, and physical printing services for coloring books based on specifications agreed upon in writing or outlined in an invoice.
Pagination Requirements: Due to saddle-stitch and commercial binding requirements, all bound coloring books must have a total page count divisible by four (4) (e.g., 8, 12, 16, 20, 24 pages).
Materials & Substrates: Standard bound books feature interior coloring pages printed on 70lb presentation/uncoated paper and color covers printed on 100lb glossy cardstock. Should specific mill paper stocks become unavailable due to supply chain shortages, the Company reserves the right to substitute materials of comparable quality.
Scope Boundaries: Any work requested outside the scope defined in the approved invoice or initial design brief will require a separate written estimate or change order.
3. Proofing, Client Approval, and Print Authorization
Digital Proofs: Prior to commercial printing, the Company will deliver a digital proof (PDF or digital mock-up) for Client review and sign-off.
Client Responsibility: The Client is solely responsible for proofreading and thoroughly checking all text, spelling, grammar, pagination, layout, and visual placement.
“Print as Approved” Authorization: Written approval of the proof (via email, client portal, or electronic signature) constitutes irrevocable authorization to commence printing. The Company is not responsible for any errors, typos, or omissions that were present in the approved proof.
Reprints: Any reprints requested as a result of errors contained within an approved proof will be billed at the full expense of the Client.
4. Color Matching & Commercial Print Variances
RGB to CMYK Conversion: Computer, tablet, and mobile screens display colors in RGB light, whereas physical commercial printing utilizes CMYK ink. Colors on printed physical stock will never match digital screens exactly.
Acceptable Tolerances: Minor color variances, ink absorption differences across paper stocks, and standard mechanical cutting/trimming shifts (up to an industry-standard tolerance of ±1/16 inch) are normal commercial print realities and do not constitute defective work or grounds for return, reprint, or refund.
5. Fees, Invoicing, and Payment Terms
Payment Terms: The total fee for the Project and its payment terms will be detailed via digital invoice. Unless the invoice states otherwise, full payment is required before any design or illustration work begins. Where the invoice provides for a deposit, the remaining balance is due before printing, and printing will not begin until the balance is paid in full.
Revisions: The initial project fee includes one (1) round of minor revisions prior to final proof approval. Additional revision rounds, structural concept changes, or complete redesigns requested after work has started will be billed at the Company’s standard hourly design rate or as an agreed-upon flat fee.
Non-Refundable Policy: Because all Deliverables are customized and produced on demand to unique Client specifications, all payments and deposits are non-refundable once design work has commenced or print production has been initiated.
6. Project Timelines & Abandonment
Delivery Dates: Project timelines begin once the Company receives payment (or the deposit, where the invoice provides for one) and all necessary Client Materials. The Company will confirm a delivery date for each Project and stands behind that date for the work within its control. The delivery date assumes timely Client feedback, proof approval, and payment of any balance due. If a delay is caused by circumstances outside the Company’s reasonable control, including late or incomplete Client Materials, delayed Client feedback or proof approval, additional revision rounds, late payment, carrier transit delays, or third-party print or material shortages, the delivery date will be adjusted by a reasonable amount of time, and the Company will not be liable for the delay.
Project Abandonment: If the Client fails to respond to communications, approve proofs, or provide required materials for a period of sixty (60) consecutive days, the Project will be deemed abandoned. The Company will make at least two attempts to reach the Client via email and/or telephone before closing the file.
Reactivation & Archival: An abandoned project may be reactivated within six (6) months of the abandonment date upon written request and payment of a standard reactivation fee. If a project remains abandoned for more than six (6) months, it is permanently closed, all fees paid are forfeited, and the Company is under no obligation to retain or archive digital project files.
7. Shipping, Delivery & Risk of Loss
FOB Origin: All physical shipments are made F.O.B. Origin (Shipping Point). Title to the goods and all risk of loss or damage pass to the Client upon delivery of the packages to the commercial shipping carrier (e.g., USPS, UPS, FedEx).
Carrier Delays & Damage: The Company is not responsible for carrier transit delays, weather disruptions, lost parcels, misdelivered packages due to Client-provided address errors, or packaging damage sustained during transit. If physical goods arrive damaged by the carrier, the Client must notify the Company within forty-eight (48) hours of receipt with supporting photographic evidence so a carrier claim can be evaluated.
8. Intellectual Property & Promotional Rights
Deliverable Ownership: Subject to full payment of all fees, ownership of the final, approved flattened Artwork (as embodied in the finished physical books or print-ready PDF Deliverable) transfers to the Client upon Project completion.
Working Files: The Company retains all rights, title, and interest in all Working Files, layered raw digital assets, design drafts, concept sketches, custom software scripts, and proprietary methods used during the Project. Working Files are not included in the Deliverables unless specifically purchased under an express, separate written licensing agreement.
Client Materials & Warranty: The Client represents and warrants that it owns or possesses all necessary rights, licenses, permissions, and trademark clearances for any Client Materials provided to the Company.
Portfolio & Promotional Use: Unless the Client expressly requests non-disclosure in writing prior to project kickoff, the Company retains the perpetual, royalty-free right to display photographs, mock-ups, and samples of the completed Project in its portfolio, website, social media, and marketing materials.
9. Warranties & Disclaimers
Services Warranty: The Company warrants that it will perform all design and production services in a professional manner consistent with prevailing commercial print and design standards.
Disclaimer: EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability & Indemnification
Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CURIOUSCUSTOM LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO ANY CLAIM OR PROJECT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC PROJECT GIVING RISE TO THE DISPUTE.
Waiver of Consequential Damages: UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Client Indemnification: The Client agrees to defend, indemnify, and hold harmless CuriousCustom LLC, its affiliates, members, contractors, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or legal fees (including reasonable attorneys' fees) arising out of or resulting from:
- (a) The Client’s use or resale of the finished Deliverables;
- (b) Any alleged infringement of copyright, trademark, trade secret, or other proprietary right arising from Client Materials; or
- (c) Any violation of these Terms or applicable laws by the Client.
11. Force Majeure
Neither party shall be held liable or responsible for any delay or failure to perform its obligations (other than monetary payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, strikes, labor disputes, material or paper stock shortages, energy or utility interruptions, internet or telecommunications outages, pandemics, epidemics, natural disasters, fires, floods, or carrier disruptions.
12. Governing Law, Dispute Resolution & Class Action Waiver
Governing Law: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.
Informal Resolution & Mediation: In the event of a dispute, the parties agree to first attempt informal resolution in good faith. If unresolved within thirty (30) days, the dispute shall be submitted to confidential mediation before a mutually agreed-upon mediator in Illinois prior to initiating formal legal proceedings.
Arbitration & Venue: If mediation fails, the dispute shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration proceedings shall take place in the State of Illinois. Either party may, however, seek preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or bring an individual action in small claims court if eligible.
Class Action Waiver: THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. Severability & Entire Agreement
If any provision of these Terms is found to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect. These Terms, together with any written invoice or proposal provided by the Company, constitute the entire agreement between the parties regarding the subject matter hereof.
14. Acceptance
Submission of an order, payment of an invoice, written approval of a quote, or continued engagement with CuriousCustom LLC constitutes full acceptance of these Terms of Service.
Questions about these Terms? Email customerservice@curiouscustom.com.