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.thebigdealnetwork.com. 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,
セ 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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