| Acceptance of Terms: Thank
you for choosing Safeguardingphotos.com and enjoying our Web
Site. This material, including all material reached through
highlighted words or phrases (known as "hypertext links")
and information found in the Order process, is the agreement
that will apply to your use of the Safeguardingphotos.com
services. You may print these Terms and Conditions as a PDF
(Portable Document Format) document, or you may also read
all of these terms and conditions by continuously scrolling
down through the entire document. We may revise the agreement,
so check this agreement periodically on the Safeguardingphotos.com
Web Site. Your use of the Service will confirm your agreement
to these terms and conditions as well as your acceptance of
the changes we make to the agreement. If at any time after
you have read the Terms and Conditions, you do not agree to
be bound by them you should immediately end your use of our
Service. Thank you again for relying on Safeguardingphotos.com.
Definition of Services: Our services and pricing are shown
at www.safeguardingphotos.com. Custom services must be scheduled,
estimated, and quoted separately. Quotes for services are
good for 30 days, unless specifically stated in writing. Safeguardingphotos.com
reserves the right to revise, add, or cancel the availability,
specifications, or price of the Services including our Evaluation
Package and custom work without notice. We may change or terminate
the Service or any part of it for any reason without notice
or liability.
We make every effort to store your CD's or DVD's in two locations.
In the unlikely hood of a disaster in one location we will
have a backup copy at another location. Backup copies are
tested before being placed into storage. Every 5 to 7 years
we replace your media. There is always a small possibility
that both copies can fail within 5 to 7 years. WE CANNOT BE
HELD RESPONSIBLE FOR MEDIA FAILURES AND WE CANNOT BE HELD
LIABAL FOR SUCH FAILURES. Failure to pay the annual yearly
fee on the anniversary of your shipping date will constituent
a breach of the contract. We have the right to dispose of
your media within a month after the expiry date. We will send
you an e-mail and a letter to notify you of your outstanding
invoice. If you move please remember to e-mail us with the
new address information. No further notification will be given.
Copyrights: Safeguardingphotos.com does not reproduce any
materials or content that may violate Copyright Laws. Do not
submit copy protected material. If you own the master, or
the material is without copyright, we welcome your requests.
By acceptance of the Terms and Conditions you acknowledge
and represent that the media and content provided to Safeguardingphotos.com
are either not in conflict with the Copyright Laws or that
you hold the Copyright. You are solely responsible and assume
all copyright liability for all content you submit. It is
generally illegal to copy, reproduce or distribute copyrighted
information or materials (including photographs, video, audio,
and music) without the consent of the owner of such copyright.
YOU ALSO REPRESENT THAT IN SUBMITTING PHYSICALLY REAL OR ELECTRONIC
IMAGES TO Safeguardingphotos.com, THAT YOU ARE THE OWNER OR
ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED
MATERIALS SUBMITTED OR PROVIDED BY YOU. YOU WILL HOLD Safeguardingphotos.com
HARMLESS FROM ANY LIABILITY FOR COPYING, ENLARGING, OR REPRODUCING
IN ANY FASHION, INCLUDING DIGITALLY, ALL IMAGES (PHOTOGRAPHS,
VIDEO, MUSIC, AUDIO, ETC.) FOR WHICH NO SIGNED AND DATED COPYRIGHT
RELEASE HAS BEEN PROVIDED BY YOU. IT IS YOUR RESPONSIBILITY
TO INDICATE COPYRIGHT MATERIAL AND TO PROVIDE APPROPRIATE
COPYRIGHT RELEASES SIGNED BY THE OWNER OF THE COPYRIGHT FOR
EACH IMAGE, IN ANY FORMAT, SUBMITTED TO Safeguardingphotos.com.
BY USING THE Safeguardingphotos.com SERVICE, YOU AGREE AND
ACCEPT TOTAL RESPONSIBILITY FOR ANY COPYRIGHT VIOLATIONS RELATED
TO THE MATERIALS YOU HAVE SUBMITTED TO US. UNAUTHORIZED USE
MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY
BY YOU.
General: Safeguardingphotos.com converts S-VHS, VHS, VHS-C
to Video Compact Disc (VCD), Super Video Compact Disc (SVCD),
Digital Versatile Disc (DVD), WEB digital formats, or other
digital file formats. Unless enhanced, custom, or additional
services have been specifically ordered, Safeguardingphotos.com's
sole responsibility is to produce a copy of your tape content,
slides, or print media, onto an appropriate number of CD-R
/ VCD, CD-R / SVCD, or DVD-R / DVD discs without editing or
merging of content. We return your media (tape, film, slides)
at the time of order completion. We may replace the container
or packaging that held your media.
RUSH / Expedite Orders: We appreciate that some orders are
extremely time sensitive. On a case by case basis, we may
be able to offer RUSH / Expedite processing. Rush orders are
charged an additional 50% of the standard processing charge,
plus any additional shipping charges. Please contact us regarding
your request by sending an email to: sales@safeguardingphotos.com.
International Customers: Please contact us regarding your
request by sending an email to: sales@safeguardingphotos.com.com,
or call us direct, at: 416 249 7364 (we are in the Eastern
Time Zone). Please email to discuss shipping charges and instructions.
NOTE: It is your responsibility to be aware of the customs
regulations of your own country. Any shipments or products
seized or destroyed by the customs service are considered
your responsibility and are non-refundable. Our prices do
not include taxes and tariffs. Customers outside of the United
States may be required to pay these fees to the courier, as
applicable, upon delivery. Please consult your local customs
office or tax authority for information specific to your situation.
Quality: Digital compression, encoding, and recording techniques
vary in quality. VCD, SVCD, and DVD encoding convert analog
signals into either MPEG-1 or MPEG-2 digital format which
attempt to accurately capture the original material in a compressed
format. Digital compression and encoding leave artifacts in
the produced image. These artifacts are increased due to tracking
problems, streaking, sparkle effects, popping noises, signal
noise, blurring, or rapid movements in the original material.
The quality of the converted VCD, SVCD, DVD or other digital
media format, is therefore highly dependent on the current
condition of the supplied tape, the quality of the original
images, and the speed or resolution at which the material
was recorded. Safeguardingphotos.com offers a HI-Q (HI-Quality)
video encoding format that reduces, but does not eliminate,
digital artifacts. IN NO EVENT SHALL Safeguardingphotos.com
BE RESPONSIBLE FOR DIGITAL ARTIFACTS OR OTHER FLAWS IN THE
PRODUCED VIDEO OR AUDIO. Severe errors in the source material
can cause the encoding process to fail.
Payment: All prices are shown are in CDN Dollars. Prices
subject to change. Additional charges may apply. Final price
will be based upon Safeguardingphotos.com review of your order
for completeness, and / or providing a firm quotation for
services requested. Shipping and Handling charges extra. Safeguardingphotos.com
accepts, check or money order, and soon Pay Pal. Check or
Money order should be sent only after receiving a firm quote
from Safeguardingphotos.com. Payment must be made at the time
of order. If payment is made via check or money order, Safeguardingphotos.com
will hold processing of order until funds clear. Sorry, no
C.O.D. orders accepted. By signing the Authorization portion
of our Order Form you acknowledge that you have read and accepted
Safeguardingphotos.com Terms and Conditions, you also agree
for the stated charges to be placed on your credit card.
Liability: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SERVICE -- SAFEGUARDINGPOHOTOS.COM AND THIRD PARTIES
WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY
LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) YOU
OR ANYONE ELSE USING OUR SERVICE MIGHT INCUR DUE TO YOUR USE
OR INABILITY TO USE THE SERVICE. IF YOU LIVE IN A STATE or
PPROVINCE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SERVICE, OUR LIABILITY IS LIMITED
TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL SAFEGUARDINGPOHOTOS.COM'S
LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE
TO THE SERVICE EXCEED OUR CHARGES FOR THE AFFECTED ORDER.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAFEGUARDINGPOHOTOS.COM
AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE FROM ANY LOSS,
DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM
YOUR VIOLATION OF THIS AGREEMENT.
You agree that there are inherent risks associated with shipping,
handling, and processing of your Original Film, Tapes, Slides,
Prints, ("Your Media".) One example is the process
of conversion of taped media to DVD, or other digital file
format, where the tape media is "read" by a mechanical
process during which the reader heads come into physical contact
with the tape. There is a risk of damage to Your Media, including
the potential for unrecoverable loss. You accept total responsibility
and risk to Your Media and the loss of content. You agree
that in the process of providing our services, at our discretion,
Safeguardingphotos.com may chose to replace the container
that held your media (film, tape, slide, etc), without any
liability to you. You accept that your media may not be returned
in the same packaging or container, or that information written
on the container, or the spent container will not be preserved
or returned.
Right To Refuse Service: Safeguardingphotos.com reserves
the right to refuse service to anyone at any time, with or
without reason. We are a family oriented business and we require
that you limit your content for conversion. Safeguardingphotos.com
reserves the right to refuse service for any material that
our staff, for any reason, deems objectionable, or is otherwise
identified, identifiable, or known objectionable or pornographic
material. If the general public would label your material
degrading, offensive, illegal, "For Mature Audiences",
"R", or "X" rated, do not request our
services. We may preserve and disclose content or customer
information if required to do so by law or in the good faith
belief that doing so is necessary to: (a) comply with legal
process; (b) enforce these terms, (c) protect the rights,
property, or personal safety of Safeguardingphotos.com.
Typographical Errors: In the event a product is listed at
an incorrect price due to typographical error, software error,
or error in pricing information received from our suppliers,
Safeguardingphotos.com shall have the right to refuse or cancel
any orders placed for product listed at the incorrect price.
Safeguardingphotos.com shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled,
Safeguardingphotos.com shall immediately issue a credit to
your credit card.
Links to Third-Party Sites: We may provide links to other
World Wide Web sites or resources. We do not control these
sites and resources, do not endorse them, and are not responsible
for their availability, content, or delivery of services.
Privacy Policy: We respect and are committed to protecting
your privacy. If you are requesting information or purchasing
something from Safeguardingphotos.com, we need to know your
name, telephone number, e-mail address, mailing address and
billing address. This allows us to answer questions, process
and fulfill your order and to notify you of your order status.
This information may also be used by us to notify you of related
products and services. We will use all reasonable precautions
to keep your information secure. We will not reveal, rent,
or otherwise make available any credit card, e-mail address,
or other personal information to non-governmental third parties.
Safeguardingphotos.com may provide links to other World Wide
Web sites or resources. Please keep in mind that whenever
you voluntarily disclose personal information online - for
example through e-mail, discussion lists, or elsewhere - that
information can be collected and used by others. In short,
if you post personal information online that is accessible
to the public, you may receive unsolicited messages from other
parties in return. Ultimately, you are solely responsible
for maintaining the secrecy of your personal information.
Please be careful and responsible whenever you're online.
We may use "Cookies"
"Cookies" are small files of data that reside on
your computer and allow us to recognize you as a Safeguardingphotos.com
customer if you return to the our site using the same computer
and browser. These cookies allow us to recognize you if you
visit multiple pages in our site. It also allows us to improve
our site. Once you log out or close your browser, these session
cookies expire and no longer have any effect.
Compatibility: While VCD, SVCD, DVD, MPEG1, MPEG2, DVD-R,
and CD-R are widely accepted worldwide standards, Safeguardingphotos.com
does not warrant that our implementation of these and other
standards, formats, and media will playback on your specific
system or configuration. Please refer to your owner's manual,
other third-party compatibility lists, or your equipment manufacturer.
All sales are final and orders may not be returned or cancelled
after processing for incompatibility.
Warranty: For 90 days after shipment, Safeguardingphotos.com
will evaluate any faulty disc or claim that any standard service
DVD conversion was performed improperly. (Rework of Custom
Services is available only on an additional time and materials
basis.) All original source material and faulty VCD, SVCD,
DVD, CD-R, or DVD-R media must be returned to Safeguardingphotos.com
for analysis and evaluation. At our discretion, we may replace
the disc or perform the conversion again. This Warranty shall
not apply to any damage or loss by misuse, accident, mishandling,
or any treatment under improper conditions. Safeguardingphotos.com
does not warrant that our DVD or CD recordable media, or encoded
audio or video formats will playback properly on your specific
systems. In order to process your order on our systems, or
in the process of providing our services, at our discretion,
we may chose to replace the container that held your media
(film, tape, slide, etc). We do not warrant that your media
will be returned in the same packaging or container, or that
information written on the container, or the spent container
will be preserved or returned. THE FOREGOING WARRANTIES ARE
THE ONLY WARRANTIES PROVIDED BY SAFEGUARDINGPOHOTOS.COM AND
THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE AND ARE IN LIEU
OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO
THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE,
THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH
THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS -- WE DO NOT WARRANT
THAT THEY WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
IN NO EVENT SHALL SAFEGUARDINGPOHOTOS.COM BE LIABLE FOR INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING LOST PROFITS, EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SAFEGUARDINGPOHOTOS.COM'S
ENTIRE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT (INCLUDING
BREACH OF WARRANTY), OR IN TORT (INCLUDING NEGLIGENCE), SHALL
BE LIMITED TO THE TOTAL AMOUNT OF THE APPROPRIATE ORDER.
Entire Agreement: This Terms and Conditions document, (including
any related Order) constitutes the entire understanding between
Safeguardingphotos.com and you. This document supersedes all
prior and contemporary agreements, understandings, negotiations,
and discussions, whether oral or written, between Safeguardingphotos.com
and you. There are no warranties, representations, promises,
covenants, or other agreements between Safeguardingphotos.com
and you other than those expressly set forth herein.
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