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Terms of Service

INTRODUCTION

ACCOUNT CREATION

GENERAL PRODUCTION POLICIES

SCANNED PHOTO QUALITY

MERCHANDISE HANDLING

COPYRIGHTS AND TRADEMARKS

DISCLAIMERS

RETURN AND REFUND POLICY

GENERAL

 

1: Introduction
Thank you for choosing DVD Flashbacks Multimedia, LLC to create your multimedia presentation and other photo artwork products. By placing an order with DVD Flashbacks Multimedia, LLC you are agreeing to these Terms of Service, and thus creating a legal and binding agreement. Please read these Terms of Service carefully. You must be 18 years or older to use our services.
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2: Account Creation
When creating an account, you must provide true, current, complete, and accurate information. Should this information change over the course of time that you are using our services, you agree to notify DVD Flashbacks Multimedia, LLC of these changes. All materials that you provide to DVD Flashbacks Multimedia, LLC will be returned to you including photos, slides, videos, documents and CDs.
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3: General Production Policies
DVD Flashbacks Multimedia, LLC produces photo montages/video montages/video albums on DVD utilizing the photos, slides, videos, documents and music that you provide to DVD Flashbacks Multimedia, LLC. Your photos are scanned, enhanced, organized in a slideshow presentational format, and set to the music of your choice or to the royalty-free stock music of our choosing. The photo montage/video montage/video album is then recorded onto certified DVD-r media that meets industry specifications for general playback on most consumer players. It is your (the customer’s) responsibility to ensure that your DVD player is compatible with DVD-r media before placing your order. DVD Flashbacks Multimedia, LLC can not accept returns or cancelled orders after they have been processed. You must provide to DVD Flashbacks Multimedia, LLC the information for your photo montage/video montage/video album including but not limited to: written titles and captions to be included, the order of photographs, video clips, and corresponding music, titles, captions and any other special requests.
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4: Scanned Photo Quality
DVD Flashbacks Multimedia, LLC guarantees that all hard copy photo submissions will be scanned at 300 dpi using standard RGB color settings and 100% .jpg quality settings for non-compressed image format. If DVD Flashbacks Multimedia, LLC determines that any scanned photo submissions are not suitable for production, you will be notified and given the option to cancel your order, have your photos rescanned, or submit replacement photos for scanning. If you (the customer) authorize DVD Flashbacks Multimedia, LLC to use the non-suitable photos “as is,” you do so with the agreement that DVD Flashbacks Multimedia, LLC does not guarantee the quality of the project and you will remain liable to pay all shipping, handling, and return charges where applicable.
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5: Merchandise Handling
DVD Flashbacks Multimedia, LLC shall not be liable for any photos, slides, videos, documents, music or CDs while in transit with through or in the possession of any mail carriers or couriers including, but not limited to the U.S. Postal Service, Fed Ex, UPS, etc. DVD Flashbacks Multimedia, LLC will not be liable for any loss, damage, or theft of the aforementioned while in transit through or in possession of said carriers or couriers. It is your (the customer’s) responsibility to insure the contents of your packages, place them in protective packaging and include the words “Fragile” or “Do Not Bend” where applicable on the outside of the packaging.
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6: Copyrights and Trademarks
DVD Flashbacks Multimedia, LLC uses the images, photos, slides, videos, documents and music that you (the customer) supply to us or the royalty-free stock music of our choosing. On your request, DVD Flashbacks Multimedia, LLC may purchase images or music from legitimate vendors. However, you are responsible for all images and music chosen to be incorporated into your photo montage/video montage/video album and you must obtain the right to use the images or music that you supply to DVD Flashbacks Multimedia, LLC or that we purchase on your behalf. By placing your order with DVD Flashbacks Multimedia, LLC you represent and warrant that you have obtained the rights or permissions of any third parties necessary to use the aforementioned images and music. You agree to defend and indemnify DVD Flashbacks Multimedia, LLC (and its employees, agents, owners and affiliates) against any liability that arises out of the inclusion of any images and music that you have provided or specified from any third parties. DVD Flashbacks Multimedia, LLC expressly disclaims any responsibility or liability to any third party arising out of the content of images and music that you (the customer) supply to DVD Flashbacks Multimedia, LLC or request DVD Flashbacks Multimedia, LLC to purchase on your behalf for inclusion in your photo montage/video montage/video album, and you agree to be solely responsible as to any such claims. DVD Flashbacks Multimedia, LLC assumes no responsibility or liability with respect to any copyright infringements and you (the customer) hereby agree to assume all responsibility for any and all costs and expenses incurred by DVD Flashbacks Multimedia, LLC as a result of any legal action or litigation taken against DVD Flashbacks Multimedia, LLC as a result of an alleged copyright infringement. By requesting the services of DVD Flashbacks Multimedia, LLC and in the submission of photos, videos, slides, images, documents and music to us, you are stating that you own the copyright or have the expressed permission to use such copyrighted material for your photo montage/video montage/video album. DVD Flashbacks Multimedia, LLC reserves the right to use your production in part or in full for any marketing or advertising necessary including video samples, website content, images and videos. All logos, graphics, marks and text used to identify DVD Flashbacks Multimedia, LLC and/or any of it’s products or services are the property of DVD Flashbacks Multimedia, LLC and cannot be copied, displayed, or used in derivative works without the express permission of DVD Flashbacks Multimedia, LLC. You are prohibited from selling, copying, and publishing or in any manner making your DVD Flashbacks Multimedia, LLC - DVD project available to the general public (including, but not limited to any form of internet posting). Any third party logos, graphics, or marks are the property of the respective third party and cannot be used without the permission of the owners of said logos, graphics or marks.
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7: Disclaimers
To the fullest extent permissible pursuant to applicable law, DVD Flashbacks Multimedia, LLC disclaims all warrantees, express or implied, including without limitation, all warrantees of fitness for a particular use. Under no circumstance shall DVD Flashbacks Multimedia, LLC, its employees, agents or owners be liable for any damages, direct, indirect, incidental or consequential as the result of any products or services provided or the loss or damage of any customer materials. DVD Flashbacks Multimedia, LLC is a privately owned corporation and does not discriminate against race, creed, sex, age, religion or origin. DVD Flashbacks Multimedia, LLC reserves the right to refuse any work or service for any reason at any time. DVD Flashbacks Multimedia, LLC reserves the right to reject or discontinue any project it deems hateful, harmful and otherwise objectionable or contrary to law. DVD Flashbacks Multimedia, LLC will not accept pornographic material in any form. Any such material will not be returned and will be destroyed immediately and DVD Flashbacks Multimedia, LLC will not be liable for any such loss. For the protection of minors, DVD Flashbacks Multimedia, LLC will forward and disclose any child pornographic material to the proper authorities with all known information on the sender.
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8: Return and Refund Policy
DVD Flashbacks Multimedia, LLC guarantees our products and services to be free of defects in materials and labor. DVD Flashbacks Multimedia, LLC will replace any defective product at no additional cost upon receipt of the defective product. No monetary refunds will be given. DVDs and all other products damaged by abnormal wear and tear, scratches, burns, water damage, chemical damage, chips, cracks or other obvious abuse will not be replaced. DVD Flashbacks Multimedia, LLC will maintain an archival of customer projects for no less than one year for the use of replacement and/or reproduction for an extra cost.
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9: General
These Terms of Service shall be governed by the laws of the state of California where DVD Flashbacks Multimedia, LLC is organized. If at any time a court should find any one of these provisions not enforceable, you agree that the remaining terms shall remain in force. Further, the Terms of Service represent the full agreement between you and DVD Flashbacks Multimedia, LLC. DVD Flashbacks Multimedia, LLC has the right to modify these Terms of Service at any time and without prior notice. If you should continue to use DVD Flashbacks Multimedia, LLC services after notice of the changes, your use will constitute an acceptance of any changes.
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