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Acceptance of Terms: Thank you for choosing MOVIES-2-DVD 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 MOVIES-2-DVD 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 MOVIES-2-DVD 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 MOVIES-2-DVD. Definition of Services: Our services and pricing are shown on the Order Form at www.movies-2-dvd.com. Custom services must be scheduled, estimated, and quoted separately. While our standard services are fixed priced, custom services and editing are available only on an hourly rate basis (standard $80.00 per hour). Quotes for services are good for 30 days, unless specifically stated in writing. MOVIES-2-DVD 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. Copyrights: MOVIES-2-DVD 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 MOVIES-2-DVD 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 MOVIES-2-DVD, 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 MOVIES-2-DVD 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 MOVIES-2-DVD. BY USING THE MOVIES-2-DVD 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 MOVIES-2-DVD or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this site without the express prior written permission of MOVIES-2-DVD or 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 the prior consent of MOVIES-2-DVD or the copyright owner. General: MOVIES-2-DVD converts S-VHS, VHS, VHS-C, 3/4 inch Umatic, 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, MOVIES-2-DVD'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. Custom Editing: Audio / Video Custom editing is available only on a time and materials basis - (no fixed bids for custom editing). All audio work is considered custom editing. We can work from your specifications, or we can review your material, document our recommendations and suggestions, and review them with you for your approval. Additional editing, and / or Rework of Custom Services is available only on an additional time and materials basis. Our standard estimate charge is the total original video run time multiplied by our current hourly rate ($80.00 US per hour), with a minimum one (1) hour charge. 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. Our normal turn around is about 3 to 4 weeks (call during holiday seasons, or for current estimate), including standard shipping and delivery. Please contact us regarding your request by sending an email to: INFO@movies-2-dvd.com. International Customers: We accept selected international orders under restricted circumstances, and only to certain countries. Billing and shipping considerations are extremely important. Please contact us regarding your request by sending an email to: INFO@movies-2-dvd.com, or call us direct, at: 239.206.3448 (we are U.S. Eastern Time Zone, GMT:-5:00). MONEY ORDERS are the preferred payment for international orders. Mail your payment by international money order or certified bank check, or American Express, Western Union (www.bidpay.com), Postal Money Order etc. made out in U.S. Dollars and enclose with your completed Order Form (Western Union - www.bidpay.com money orders can be mailed separately). We accept postal money orders from most countries. International customers receive fast reliable service by sending an international money order made out in $US dollars or a postal money order made out in $US dollars purchased from a post office in your country. No order is accepted unless complete information is provided including full address and phone numbers. For international orders, we ship only to the billing address. 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. For example, Canadian customers may be assessed the GST (Goods and Services Tax) or the appropriate HST (Harmonized Sales Tax) or PST (Provincial Sales Tax) when the order arrives. Please consult your local customs office or tax authority for information specific to your situation. Non-English Customers: Thank you for your interest. We have Spanish and Ecuadorian Quichua language talent available to assist us with your custom orders. Please contact us regarding your request by sending an email to: INFO@movies-2-dvd.com. 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. MOVIES-2-DVD offers a HI-Q (HI-Quality) video encoding format that reduces, but does not eliminate, digital artifacts. IN NO EVENT SHALL MOVIES-2-DVD 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 U.S. Dollars, single quantity (each). Prices subject to change. Additional charges may apply. Final price will be based upon Movies-2-DVD review of your order for completeness, and / or providing a firm quotation for services requested. Shipping and Handling charges extra. Florida residents add sales tax. MOVIES-2-DVD accepts, check, money order, or credit card payment of Discover, MasterCard, Visa, or American Express. Check or Money order should be sent only after receiving a firm quote from MOVIES-2-DVD. Payment must be made at the time of order. If payment is made via check or money order, MOVIES-2-DVD 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 MOVIES-2-DVD Terms and Conditions, you also agree for the stated charges to be placed on your credit card. Credit Card charges will appear as "Big Guy Enterprises, Inc" on your Credit Card Statement.
Discounts and Coupons: Unless otherwise stated, only one Discount or Coupon may be applied per order. Discounts or Coupons apply only to the purchase price of an item and exclude the amount paid for shipping and handling charges. Special Discounts or Coupons may be offered from time to time, but not all items may qualify for discounts. MOVIES-2-DVD will not be held accountable or liable for erroneous information pertaining to Discounts or Coupons, or for information that is inadvertently omitted regarding exceptions, or changes in amounts. Coupons are not replaceable, if lost, stolen, destroyed or expired. Discounts and Coupons are not transferable. Facsimile copies are not acceptable. Discounts or Coupons are not returnable, exchangeable, refundable or redeemable for cash under any circumstances. Liability: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE -- MOVIES-2-DVD 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 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 MOVIES-2-DVD'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 MOVIES-2-DVD 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, Movies-2-DVD 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: Movies-2-DVD 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. MOVIES-2-DVD 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 Movies-2-DVD. 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, Movies-2-DVD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Movies-2-DVD 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, Movies-2-DVD shall immediately issue a credit to your credit card. Movies-2-DVD Software: Services provided by MOVIES-2-DVD may incorporate software that contains proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable, and non-exclusive license to use the Software; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software. We provide no assistance other than the Definitions and Frequently Asked Questions available on our website. 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 Movies-2-DVD, 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 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. Movies-2-DVD 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, Movies-2-DVD 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) Browser 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 "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 an page, and how many times a page was delivered. We may aggregate and use this data for statistical and reporting purposes. Movies-2-DVD 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 Movies-2-DVD, 2) Protect and defend the rights or property of Movies-2-DVD, or visitors to the Movies-2-DVD site, 3) Identify persons who may be violating the law, the Movies-2-DVD 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're online. Compatibility: While VCD, SVCD, DVD, MPEG1, MPEG2, DVD-R, and CD-R are widely accepted worldwide standards, MOVIES-2-DVD 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, MOVIES-2-DVD 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 MOVIES-2-DVD 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. MOVIES-2-DVD 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 MOVIES-2-DVD 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 MOVIES-2-DVD 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. MOVIES-2-DVD'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 MOVIES-2-DVD and you. This document supersedes all prior and contemporary agreements, understandings, negotiations, and discussions, whether oral or written, between MOVIES-2-DVD and you. There are no warranties, representations, promises, covenants, or other agreements between MOVIES-2-DVD and you other than those expressly set forth herein. Print our Terms and Conditions. The printable version of our Terms and Conditions is in the portable document format (PDF). Adobe Acrobat Reader is required to view and print the PDF format. |
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