ScanDigital may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Site and Services, for any reason, and without notice. ScanDigital recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (when you register for a account), the terms of this Agreement, as modified by ScanDigital from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.
Note that any violation of these Terms may result in termination of the Service to you. If you have questions about the Terms, please contact us at firstname.lastname@example.org
RESTRICTIONS, CONTENT and MEMBER CONDUCT
You acknowledge and agree that all photographic prints, albums of photographic prints, slides, film, negatives and resulting digital images (collectively "Content") submitted by you to the Service and/or created for you by the Service are your sole responsibility. When submitting Content to ScanDigital, you are representing and warranting your ownership of the Content or possession of written permission from the copyright owner to make such Content available to ScanDigital to perform the Service and its obligations under these Terms.
You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content;
c. Use any meta tags or other hidden text or metadata utilizing the ScanDigital name, trademark, URL or product name without ScanDigital's express written consent;
d. Post, upload, email or otherwise transmit, without first obtaining the permission of ScanDigital, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;
e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of ScanDigital;
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
h. Attempt to probe, scan or test the vulnerability of any ScanDigital system or network or breach any security or authentication measures;
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
k. Collect or store personal data about other users without their express permission;
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
m. Resell the Services, in whole or in part;
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Site or Services in any manner not permitted by this Agreement.
To become a Member of the Service, you must be 18 years or over.
COST OF MEMBERSHIP
There is no cost to become a Member of the Service.
You agree to provide ScanDigital with true, accurate, current and complete information about yourself when such information is requested by the Service in any form or email. You agree to keep this information up to date at all times.
You agree to indemnify and hold ScanDigital and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys' fees and costs of defense) ScanDigital or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
PAYMENTS AND ELECTRONIC COMMUNICATIONS
When placing your order, you may be responsible for paying an upfront refundable deposit ("Deposit") equal to a minimum of five dollars of the total amount due. Upon receipt of your materials, orders may be charged an additional deposit based on the inventoried amount of materials received. Deposit payments will be processed using the method of payment provided by you when placing your order. You agree to pay in full, the price for your order and any additional amounts incurred due to any or all of the following circumstances: 1) the total due for your actual number of scans performed is greater than the upfront deposit/payment, 2) the type of images submitted for scanning differ from the type entered during the estimate prcoess, and/or; 3) the actual shipping/delivery charges are higher than estimated at the time of your order. Should the work performed and/or shipping be lower than quoted via our site, you will only be charged for the services provided and/or the shipping costs incurred.
Refunds are subject to review and approval by ScanDigital management. Due to the customized nature of ScanDigital's services, finished products typically cannot be “restocked” or “resold” to other customers. Refunds due to customer error may or may not be approved, based on the situation. Customers who are seeking a refund due to dissatisfaction of their order are required to provide ScanDigital with an opportunity to review work that is in question and redo work if deemed necessary to achieve better results in place of a refund. If it is determined that the quality of ScanDigital’s work is limited by the condition of the original materials and improved results are not achievable, a partial refund may be approved, determined by management. Payments for prepaid packages and vouchers that can be redeemed for ScanDigital services are not subject to refund. This includes the purchase of Memory Boxes, gift cards, vouchers and any other transactions that are purchased with the intent of redeeming for future services. If a purchase was made in error, please contact ScanDigital immediately and we will work towards a resolution if one is possible.
Approved refunds that are the result of customer error may be subject to a processing fee of 3.5-5%. This fee will be charged and deducted from the total refund amount issued back to the customer.
ScanDigital reserves the right to delete your account if it has been inactive for more than six (6) months. Commercially reasonable efforts will be made to send You an e-mail notice alerting you to the potential deletion of your account from the Site.
In order to provide its service, it may be necessary for ScanDigital to embed information into the resulting image files from our scanning processes. You hereby acknowledge that this Embedded Information may be used in the future to identify the source and history of an image independent of the Service and that you have been informed that this Embedded Information may exist in scans performed by the Service. You hereby acknowledge that you understand distributing your images can result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images either intentionally or unintentionally.
COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS
Unless otherwise specified, all information appearing on the Site including documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of ScanDigital, Copyright © 2007 ScanDigital. ScanDigital and the ScanDigital Logo are service marks owned by ScanDigital. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. ScanDigital provides products, content and services through the Site, including content, trademarks, logos, graphics and images that are not Content that are the copyrighted work of ScanDigital or ScanDigital's licensors. You agree that you have no right to copy, reproduce, edit, modify any these materials. You agree that you have no right, title or interest in the Site or any Materials provided on the site. All rights not expressly granted herein are reserved.
THIRD PARTY CONTENT
ScanDigital may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Your participation in any of these offers is solely between you and the third-party company. ScanDigital disclaims all express, implied and statutory warranties with regard to third party content.
LINKS TO THIRD PARTY SITES
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to ScanDigital for personal use only. A Web site that links to ScanDigital (1) may link to, but not replicate, any portion of the Site; (2) may not imply that ScanDigital is endorsing such Web site or its services or products, unless otherwise expressly agreed by ScanDigital; (3) may not misrepresent its relationship with ScanDigital; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray ScanDigital or the ScanDigital Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate ScanDigital with undesirable products, services, or opinions; and (6) may not use any ScanDigital trademark or service mark without our express written permission. ScanDigital may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
This Agreement is effective until terminated. If we believe that you have, or may have, breached any of the terms, conditions, representations or warranties of these terms and conditions, ScanDigital may immediately terminate or suspend this Agreement, at ScanDigital's sole discretion. You agree that ScanDigital, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that ScanDigital shall not be liable to you or any third-party for any termination of your access to the Service. Termination of this Agreement by ScanDigital is without prejudice to any other remedies ScanDigital may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this Agreement. Upon termination of this Agreement, you are no longer authorized access to or use of the Site and the ScanDigital Services, and any subsequent access or use without the prior written consent of ScanDigital is prohibited.
You have the right to terminate your membership at any time by contacting our Customer Service Department (admin@ScanDigital.com). The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request.
ScanDigital may publish any Feedback any Feedback you may provide. Feedback will be the sole and exclusive property of ScanDigital. You hereby assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to ScanDigital.
DISCLAIMER OF WARRANTIES
The Site and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, ScanDigital disclaims any warranties for the security, reliability, timeliness, and performance of the ScanDigital site or the ScanDigital service. ScanDigital further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the Site.
SHIPPING AND LOSS OF ORIGINAL CONTENT
You, the user, understand and agree that the submission of any physical or digital photos, slides, or negatives to ScanDigital, and the download or upload of any material through the ScanDigital site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. ScanDigital does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services.
ScanDigital shall assume no responsibility for any loss or damage to client's materials while it is transported by the mail, courier or transport companies. ScanDigital shall assume no responsibility nor liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which ScanDigital has no control.
Under all circumstances ScanDigital (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if ScanDigital has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
ACCEPTANCE OF BUSINESS MODEL
ScanDigital is a service company offering its services globally. ScanDigital has offices located in the United States. ScanDigital reserves the right to use any of its offices for providing service to its customers. ScanDigital reserves the right to change this service model at any time.
NATIONAL AND LOCAL LAWS
ScanDigital controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws, rules and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of California, or state courts located in Los Angeles County, California. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. ScanDigital may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of ScanDigital at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and ScanDigital regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.
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- Paul - Fullerton, CA - January 2008 -
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