TERMS AND CONDITIONS

 

1. Acceptance of Terms. By using this service, you are agreeing to be bound by all of the following terms and conditions. If you do not agree to these terms and conditions, do not sue the service. You may 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 our 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.

 

2. Definition of Services. Our services and pricing are shown on the Services Pages at www.retrovideo.net. Any custom services will be quoted separately. Quotes for services are good for thirty (30) days, unless specifically stated in writing. We reserve the right to revise, add, or cancel the availability, specifications, or price of the services including our custom work without notice. We may change or terminate the service or any part of it for any reason without notice or liability.

 

3. Copyrights. We do not reproduce any materials or content that may violate international, federal, state, or local copyright laws (the “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 these Terms and Conditions you acknowledge and represent that the media and content you have provided to us 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. YOU ALSO REPRESENT THAT IN SUBMITTING PHYSICALLY REAL OR ELECTRONIC IMAGES TO US, THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED ATERIALS SUBMITTED OR PROVIDED BY YOU, AND YOU WILL INDEMNIFY,, DEFEND, AND HOLD US 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 US. BY USING OUR 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. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this site is copyrighted and may not be used or copied by you except as explicitly provided in this site, or by applicable law or otherwise without the express prior written consent of us or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this site without our 2 express prior written permission or the express written permission of the copyright owner. You may download and print images and text from this site only for your private, non-commercial use. Any other use requires our prior written consent of the prior written consent of the copyright owner.

 

4. General. We convert Broadcast Video Formats-Beta, inch tape, one inch tape as well as S-VHS, VHS, VHS-C, Digital8, standard8, and Hi8 tape formats, 35mm slides, print media, 8mm and Super 8 movie film, and audio tapes or other audio media, 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, our 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.

 

5. Quality. Quality of converted video is dependent on the length of the converted video. As the length of the video increases the quality of the converted video may decrease. Further, 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 of which the material was recorded. IN NO EVENT SHALL WE 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.

 

6. Payment. All prices are shown are in U.S. Dollars, single quantity (each). Prices are subject to change. Additional charges may apply. Final price will be based upon our review of your order for completeness, and / or providing a firm quotation for services requested. Shipping and handling charges are extra. For all orders, add sales tax. We accept PayPal, money order, or credit card payment of, MasterCard, Visa. Check or Money Order should be sent only after receiving a firm quote from us. Payment must be made at the time of order. If payment is made via check or money order, we 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 our terms and conditions, you also agree for the stated charges to be placed on your credit card (if applicable).

 

7. Liability. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICE. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL DAMAGES) THAT YOU OR ANYONE ELSE USING OUR SERVICE MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THIS SERVICE. IF YOU LIVE IN A STATE WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF 3 THE SERVICE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL OUR LIABILITY EXCEED OUR CHARGES FOR THE AFFECTED ORDER. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT.

 

8. Risks of Loss to Your Media. You agree that there are inherent risks associated with shipping, handling, and processing of your original tapes, slides, prints ("Your Media.") One example is the process of conversion of taped media to VCD, SVCD, 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. We highly recommend that you always send us a copy of your original media.

 

9. Right to Refuse Service. We reserve the right to refuse services to anyone at any time, with or without reason. We will not convert material that is violent, abusive, pornographic, or otherwise inappropriate in nature. We are a family oriented business and we require that you limit your content for conversion. We reserve the right to refuse service for any material that our staff, for any reason, deems objectionable, or is

otherwise identified, identifiable, or known as 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, and/or (c) protect our rights, property, or personal safety.

 

10. Private Policy. We respect and are committed to protecting your privacy. If you are requesting information or purchasing something from us, we need to know your name, telephone number, e-mail address, mailing address, billing address, credit card number and expiration date. This allows us to answer questions, process and fulfill your order and 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. We may provide links to other World Wide Web sites or resources. Our privacy policy does not and can not extend to such "Third-Party Sites", as we do not control these sites and resources. However, we do not share any of the individual personal information you provide us with the web sites to which we have links. In the course of serving information or advertisements, we or third party sites, may collect certain non-personally identifiable data by placing a "cookie" (a small file containing a unique, randomly selected alphanumeric tag) on your computer hard drive. The non-personally identifiable information collected in connection with a cookie includes: 1) IP Address of the machine (browser/proxy) connected, 2) Brower type (i.e., IE 3.x, etc.), 3) operating system (i.e., Macintosh, PC, etc.), 4) date and time a page was viewed, 5) page specific tag. This 4 "cookie" data allows us to measure and report information, such as the number of browsers who see a page, the number of people who click on a page, and how many times a page was delivered. We may aggregate and use this data for statistical and reporting purposes. We may disclose personal information and/or an IP address, when required by law or in the good faith belief that such action is necessary to: 1) Conform to the edicts of the law or comply with legal process served on us, 2) Protect and defend our rights or property, or visitors to our site, 3) Identify persons who may be violating the law, our terms and conditions, or the rights of third parties, 4) Cooperate with the investigations of purported unlawful activities. 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 are online.

 

11. Compatibility. While VCD, SVCD, DVD, MPEG1, MPEG 2, DVD-R, and CD-4 are widely accepted worldwide standards, we do 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.

 

12. Warranty. For ninety (90) days after shipment, we will evaluate any faulty disc or claim that any VCD, SVCD, DVD, or other custom conversion was performed improperly. At our discretion, we may replace the disc or perform the conversion again. Both original source material and faulty VCD, SVCD, DVD, CD-R, OR DVD-R media must be returned to us for analysis and evaluation. This warranty shall not apply to any damage or loss by misuse, accident, mishandling, or any treatment under improper conditions. We do not warrant that our DVD or CD recordable media, or encoded audio or video formats will playback properly on your specific systems. THE FOREGOING

WARRANTIES ARE THE ONLY WARRANTIES PROVIDED BY US 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 WE 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. OUR ENTIRE LIABILITY FOR ANY CLAIM,

WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY), OR IN 5 TORT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE APPROPRIATE ORDER.

 

13. Sending & Return of Your Source Media. You are advised to use a delivery service, requiring "signature on delivery" when sending your source media to us. Depending on your instructions, we will use Federal Express or United Parcel Service. (or an equivalent delivery service) providing signature on delivery, web-based tracking facilities and insurance. Any disputes regarding loss or damage of your source media during transit should be taken up directly with the delivering company.

 

14. Consent to Jurisdiction and Forum Selection. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Fresno, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non covenants or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Fresno, State of California, shall have in person a jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient

for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mall, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

 

15. Entire Agreement. This Terms and Conditions document, (including any related Order) constitutes the entire understanding between us and you. This document supersedes all prior and contemporary agreements, understandings, negotiations, and discussions, whether oral or written, between us and you. There are no warranties, representations, promises, covenants, or other agreements between us and you other than those expressly set forth herein.

 

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