TERMS AND CONDITIONS
DIGITAL4KEEPS photo scanning services is privately owned business. Before using any of our services, please read these terms which will govern your rights and usage of the services. If you wish to use our services, these terms constitute a binding agreement between you and Digital4Keeps.
Location of setting-up of portable digital4keeps photo scanning services workstation
You agree to provide a well-lit indoor area ~ 12′ by 10′ in diameter in which your Digital4Keeps technician may set-up his workstation. Unless located in an acknowledged business building or complex where there is direct access by working elevators, the area must be in an easily accessible location on the first floor, preferably in a room with large windows if possible, such as a living room or den. A working ac power outlet must be easily accessible and within fifteen feet of where workstation is to be set-up. You agree that any animals not housed in a cage will be barred from access to the area for the duration of the appointment. You agree that your Digital4Keeps technician will not be requested to move your furniture or possessions or be responsible for their safety or maintenance in any way whatsoever. If for any reason the technician deems the location unacceptable, he may immediately terminate the appointment and you agree to indemnify and hold harmless Digital4Keeps, its officers, employees, agents, licensors, suppliers and any third-party from incurring any liability whatsoever.
INTERNET PROVIDER CODE
In order to be of best service to you, you may prefer that we have internet access during our appointments. If you have a wireless network, please be prepared with your network password (not to be confused with passwords to your computers or other private information !) So that we may enable our computer to be online while we’re with you. We understand and accept you decide not to provide this information.
PAYMENT AT CONCLUSION OF EACH APPOINTMENT
You agree in all cases to render full payment to your Digital4Keeps technician for services rendered (hourly fees and segments thereof) and products purchased (ex: additional dvd’s, photo frames, etc.) immediately at the conclusion of each appointment. Digital4Keeps does not offer partial or after-appointment billing under any circumstances. No payments may be delayed in order to be accrued in the anticipation of more than one appointment.
LIABILITY FOR YOUR PHOTOS AND DOCUMENTS
We pride ourselves on taking utmost care in the handling of your precious photos and documents. By utilizing our services, you avoid letting your memories out of your sight, and are able to supervise their handling personally. However, in the process of dealing with fragile pictures and documents, no matter the effort, there may occasionally be some damage. You indemnify and release Digital4Keeps, its officers, directors, employees, agents, licensors, suppliers and any third-party harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney’s fees for any damage to or destruction of your photos, documents or any of your possessions whatsoever.
EQUIPMENT
You agree that at no time will you or anyone in your home or office attempt to operate any of Digital4Keeps services’ equipment including, but not limited to scanners, computers and products. You agree to be fully liable for twice the retail replacement cost of any equipment damaged as a result of violation of this stipulation.
MORALITY CLAUSE
It is understood that Digital4Keeps and its representatives’ goal is to aid in the preservation of priceless family memories by offering exclusive services rendered in our clients’ homes and offices. However, in the spirit of sincere cooperation and mutual respect, it is understood that inappropriate behavior will not be tolerated by either party. Our small, elite staff of technicians are well-intentioned, of-service professionals. As you would expect, any demeaning, threatening, suggestive or obscene language or behavior will be grounds for an immediate termination of the appointment and cancellation of future offers of our services, and you agree to remain liable for the fees due for the minimum number of hours plus any other accrued fees as described above.
CONTENT
You agree that you will not include in any of your photographs or documents to be digitally scanned and preserved any images, text etc. (“material”) which could give rise to any civil or criminal liability under applicable law, as well as any abusive, obscene, pornographic or inappropriate or profane material, nor any material which promotes racism, hatred, bigotry or harm against any group or person, nor any material which could infringe any legal rights including rights for privacy, copyrights or other intellectual property rights. Though Digital4Keeps is not responsible for the content of any print, we reserve the full right to digitize at our sole discretion.
Copyright laws of the United States governs the making of copies or other reproductions of copyrighted material. Photographs are protected by copyright law. The unauthorized reproduction or distribution of such copyrighted material is illegal.
You are allowed to display, scan, share and even sell the images that you’ve photographed.
If you had the right to photograph a subject or scene, generally speaking, you also have the authority to display the photograph as an illustration of art or news – and that includes showing those images on your blog, in print, in news media, and in your photography portfolio (print or online). Indeed, you can even sell prints or digital copies of your street photography. For items that you wish to have scanned that were originally provided by a “commercial photographer or photography company, we require a model release for those photos. Depending upon the timeframe, we may need to contact that company and obtain a release.
Example: Agreement to Indemnify and Hold Harmless
___________________ (“Client”) hereby represents to Digital4Keeps.com (“Company”) that due to the inevitable and natural degradation of photographic paper and film Client desires to preserve and protect the photographs (“Materials”) provided in an electronic format (“DVDs/CDs/miniDV tapes”) for archival purposes only. Materials contained on electronic format will not be reprinted, published or disseminated in any way. Furthermore, Client hereby agrees to indemnify and hold harmless Digital4Keeps.com and its employees from any third party claims which may arise from Client’s unauthorized use of the DVDs/CDs/miniDV tapes and the Materials contained therein.
Client:_________________________________________________
Signature: ______________________________________________
Date: ______________________
Digital Millennium Copyright Act
We abide by The Digital Millennium Copyright Act incorporates several changes to the copyright law in line with the development of digital technology. Signed into law in 1998 by President Clinton, the act fulfills the World Intellectual Property Organization treaties. It prevents creation and marketing of products that facilitate unauthorized access to copyrighted products. The act also prohibits the removal or falsification of copyright details on protected works. It legalizes the copying of software when undertaking computer maintenance and prevents people from distributing or stealing goods using super information highways.
Fair Use
Fair use is a doctrine that allows people to use limited sections of a copyrighted material for purposes such as teaching, research, comment or news reporting. For example, entrepreneurs need not seek permission from photographers when using parts of copyrighted photos on their blogs; however, they must not use the photo in its entirety and should identify its owner. This doctrine is controversial, and it is advisable for people to seek permission from copyright owners before using copyrighted works.
INDEMNIFICATION
You warrant that the subject matter to be digitized, printed or published in any way whatsoever utilizing Digital4Keeps products or services is done with full compliance of copyright law, and agree to indemnify and hold Digital4Keeps
harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with the above.
You further agree to indemnify, defend and hold Digital4Keeps, its officers, directors, employees, agents, licensors, suppliers and any third-party harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the terms, or any claim related to infringing third party intellectual property rights.
Digital4Keeps is not responsible for any over the limit, overdraft or other bank fees you may incur from your bank as the result of our charging your credit or debit card. We charge you up to $45 for any checks returned unpaid by the bank. If you file a charge dispute (commonly known as a chargeback) with your credit card company they immediately charge us a fee. If we win the dispute we will charge that fee back to you plus a handling fee for our trouble.
CLAIMS
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these terms and any claims hereunder shall be governed by and subject to the state and federal laws of the State of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Southern District of California located in Orange County.
The services, content provided by Digital4Keeps are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, we make no warranty that our site or services will be uninterrupted, timely, secure, or error free, or that our website or our server is free of viruses or other harmful components. Digital4Keeps makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness or reliability of any goods or services purchased. No advice or information, whether oral or written, obtained from Digital4Keeps or its representatives will create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances shall Digital4Keeps be liable for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Digital4Keepshas been advised of the possibility of such damages that result from your access to or use of, or inability to access or use, Digital4Keeps services, from any changes to this site or its services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Digital4Keeps is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Digital4Keeps will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the internet. You agree that the aggregate liability of Digital4Keeps to you for any and all claims arising from the use of the site or service is limited to the amounts you have paid to Digital4Keepsfor services and goods rendered. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
If any part of this agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms will continue in effect.
These terms constitute the entire agreement between you and us with respect to this service, and supersede all other communications, written or oral, with regard to the service. The failure of Digital4Keeps to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.
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