Didlake Photo Imaging Terms and Conditions
We strongly recommend that customers carefully review these terms and conditions before completing their order. By allowing Didlake Photo Imaging to process your credit card order form, you are agreeing to be bound by the following.
Didlake Photo Imaging offers its services only to adults who can purchase them with a credit card or other permitted method of payment. Didlake Photo Imaging, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.
Scope of Work
When you complete the online form, you are making certain representations about the number and condition of your photos. Should Didlake Photo Imaging discover that the number and/or condition of your photos is not as reasonably assumed based on your representations, then Didlake Photo Imaging reserves the right to provide an updated, more accurate price, or at your option, cancel all or part of the project and charge you for return shipping. Misrepresentations about quantity and/or quality of photos may result in processing delays and additional charges.
All scans will be delivered via the media form elected by you, through your online form, and images will be at a standard of 600dpi. Didlake Photo Imaging can only scan photos that are no smaller than wallet size and no larger than 8×11. Photos may not be scanned if they are mounted on any type of material such as cardstock.
The work product of Didlake Photo Imaging is directly proportional to the quality and condition of the material that is digitally imaged. Didlake Photo Imaging does not offer photo restoration services. In order to be digitally imaged, photos must not contain adhesive, mold or moisture. Didlake Photo Imaging may not be able to work with photos that are dirty, dusty, ripped, torn, sticky, damaged or extremely fragile.
Any quote provided by Didlake Photo Imaging assumes that the photos to be digitized are in a certain condition. If photos are not transferrable due to age, fragility, format, damage, or any other condition we are not responsible for, a refund of the transfer price ($1 per photo) will be provided to you, and, if possible, your original materials will be returned. You will be responsible for the price of return shipping. Didlake Photo Imaging will not provide any other type of refund or return.
Assumption of Risk
Didlake Photo Imaging does not directly provide any services related to shipment of photo prints to or from its office. This means Didlake assumes the risk of loss only after photos arrives at our office, and the risk of loss passes back to you when we deliver your media to the shipping carrier. BY SHIPPING ANY ITEMS TO DIDLAKE, YOU ACKNOWLEDGE THAT DIDLAKE PHOTO IMAGING IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.
Optional Shipping Protection
If you have purchased the additional Shipping Protection, your shipment is guaranteed with $1,000 in coverage, which offers limited protection for complete package loss or misdirection while in the possession of the third-party shipping carrier. By electing the Shipping Protection, you acknowledge and agree that the Shipping Protection is a reasonable approximation of the damages that would be suffered by you from the loss of your entire order and is not a penalty.
The Shipping Protection is not insurance, and Didlake Photo Imaging is not an insurer. Shipping Protection is optional, and if you choose Shipping Protection, it only covers complete package loss or misdirection while in the possession of the shipping carrier. Shipping Protection is not a substitute for improper packing, and it will not cover any damage to photos that were not packed according to Didlake Photo Imaging’s Instruction Guide.
Limitation of Liability
Didlake Photo Imaging makes no representations or warranties of any kind, express or implied, about the operation of its website or the information, content, materials, or services included on it or made available to you through it, unless otherwise specified in writing.
Didlake Photo Imaging disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Didlake Photo Imaging takes pride in what it does and wants its customers to be satisfied. Though we strive for perfection, Didlake Photo Imaging does not represent or warrant that the services provided will be error-free or that all defects will be corrected.
Didlake Photo Imaging specifically disclaims any liability for any claimed damages that are incidental, consequential, special or punitive in nature, loss of future revenues or income, lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of these Terms and Conditions. This limitation of liability will be effective regardless of whether such liability is based on breach of contract, tort, strict liability, or any other legal theory.
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Didlake Photo Imaging relies; or any other unforeseen and external occurrence for which Didlake Photo Imaging is not responsible and could not predict which is required for the performance of its obligations, then Didlake Photo Imaging will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Your use of Didlake Photo Imaging services is strictly reserved for lawful purposes and only for your own personal, non-commercial use. You may not use the services of Didlake Photo Imaging to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
By submitting an order, you represent and warrant the following: (a) no materials are being submitted in violation of any copyright laws; (b) any materials being submitted were either created by you, you have the right to permit Didlake Photo Imaging to duplicate them, or you have the permission of the copyright owner to duplicate the submitted materials; and (c) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party. By submitting an order, you understand that Didlake Photo Imaging is relying on these representations.
You also agree that you will indemnify, defend and hold harmless Didlake Photo Imaging from and against any and all damages, costs and expenses, including attorneys’ fees either (a) arising from claims or demands brought by any third party against Didlake Photo Imaging regarding the infringement of any copyright law or violation of other applicable federal or state law stemming from materials you submitted or (b) arising from or related to your breach of these Terms and Conditions.
Digital Millennium Copyright Act
Didlake Photo Imaging takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Didlake Photo Imaging’s service to Didlake, Inc. Attn: Joleen Okun, 8641 Breeden Avenue, Manassas, Virginia 20110. When providing notice, please (1) identify the copyrighted work you claim is being infringed upon; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
Your rights and obligations under these Terms and Conditions cannot be assigned to any third party—neither voluntarily nor by operation of law—without the prior written consent of Didlake Photo Imaging. Any assignment or purported delegation by you without Didlake Photo Imaging’s express, authorized written consent will be null and void and of no force or legal effect.
Choice of Law
This contract is to be governed at all times by the laws of the Commonwealth of Virginia applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the Commonwealth of Virginia.
If, after attempting to resolve it amicably or pursue mediation, any remaining dispute or claim relating in any way to your use of Didlake Photo Imaging’s services will be subject to binding arbitration under the rules of the American Arbitration Association. The arbitration will occur before a single arbitrator and take place as close to Manassas, Virginia as feasible. The prevailing party in an arbitration will be responsible for the legal fees and costs of the other party.
These Terms and Conditions are the entire agreement between you and Didlake Photo Imaging. No other representations (besides the individual price quote you are given for services), whether oral or written, can be incorporated as part of your agreement with Didlake Photo Imaging. Additionally, these Terms and Conditions cannot be modified except by an authorized writing, and no provisions can be waived by either party except in writing.
If any court or other body of competent jurisdiction declares any part of these Terms and Conditions to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of these Terms and Conditions.
LIMIT OF LIABILITY
*Submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative by you for any purpose, such as digitizing, processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, to ScanMyPhotos.com [THE COMPANY] for processing, scanning, printing, photo restoration or other handling constitutes an AGREEMENT by you that any damage or loss by our company, subsidiary, or agents, will not entitle you to any recovery and no warrantee is entered into. PLEASE READ CAREFULLY, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR ANY REASON FOR ANY SERVICE PROVIDED BY THE COMPANY. THE COMPANY’S services are provided as is and without fault and hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of accuracy or completeness of any provided service. You agree to be limited to store credit up to the amount of the disputed transaction and no additional incidental, punitive, indirect, consequential negligence or any reason is granted or warranted. The acceptance by our company, subsidiary and/or agents of the film, print, slide, negative, scanning or digital media and original photos for restoration is without other warranty or liability, and recovery by anyone for any incidental or consequential damages is excluded irrespective of whether the damage occurs because of our negligence, breach of contract, strict liability or other cause. You are responsible for knowing how many photos, slides, negatives, videotapes, etc. and agree to pay for all media sent. There will be no refunds for any service but THE COMPANY may offer store credit for services purchased but not used. However, since 1990, providing our customers with our very best work is our goal and we always strive to make sure to protect your orders. THE COMPANY does not assume any liability, whether lost or damaged by fire, theft, negligence or any other means, for customer supplied materials such as photos, frames, paintings, artwork, etc., that are submitted with orders. We are not responsible for materials or orders left unclaimed for more than 30 days after completion of our service. All prices and service specifications are subject to change without notice. Once any of our services have been ordered, all sales are final. No cancellations or refunds. IN THE UNLIKELY EVENT THAT YOUR ORDER IS MISPLACED, LOST OR DAMAGED, YOU AGREE THAT THE COMPANY IS NOT LIABLE AND THERE WILL BE NO COMPENSATION OR PAYMENT OF ANY KIND. We assume no responsibility for any loss and/or damage to client’s materials while it is transported by the mail, courier or transport companies, nor any liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which ScanMyPhotos has no control. These high-speed photo scans are designed to digitally preserve your regular photos. This is not designed to archive professional images with museum-quality clarity. There is no refund for high-speed photo scans and you understand and agree that we cannot guarantee the image quality of the reproductions or individual quality control your files due to the extremely high volume scanning operation. These scans are individually adjusted to get the highest quality scan from your image. The Service is provided “as is” with no warranties whatsoever. All express, implied, and statutory warranties, including the warranties of merchantability and fitness for a particular purpose, is expressly disclaimed. You understand and agree that the submission of any photographs for scanning and upload through THE COMPANY and ScanMyPhotos.com is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photographs. ADVISORY: THERE IS ALWAYS RISKS WHEN SHIPPING ANYTHING, NO MATTER WHICH COURIER OR DELIVERY SERVICE YOU SELECT. YOU UNDERSTAND AND AGREE NOT TO HOLD THE COMPANY, SCANMYPHOTOS.COM, ITS EMPLOYEES, DIRECTORS, OWNERS OR AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE TO YOUR ORDER. YOU UNDERSTAND AND AGREE THAT THE COMPANY CANNOT AND WILL NOT WARRANTY OR GUARANTEE THAT YOUR ORDER WILL SAFELY ARRIVE, AND IT COULD GET LOST OR DAMAGED WHILE IN OUR POSSESSION OR DURING RETURN DELIVERY.
COPYRIGHT INDEMNIFICATION AGREEMENT
WE RESPECT COPYRIGHTS AND INSIST THAT YOU COMPLY! Permission of the photographer is necessary under federal copyright law to scan, copy or reproduce photographs and images that are copyrighted. Do not send or provide us with any copyrighted photographs or images without the permission of the photographer. If you are not sure whether an order you want us to work on is copyrighted, please side with caution and refrain from submitting those in-question photos. There are laws that protect copyrights. It is usually illegal to copy or digitally reproduce photographs taken by others without their permission. ScanMyPhotos.com, its agents and parent company, Photos Etc. Corporation [The COMPANY] protects artists= work and will not knowingly or intentionally duplicate or accept any copyrighted materials, unless you are the owner or have permission to reproduce the work. By sending us your order you agree that you are the owner or have permission to reproduce the work. When photographs have a copyright symbol (8), or if in any other fashion, the pictures or images are copyrighted, if you do not already own the rights, it is your responsibility to obtain and include with your order a Release Waiver obtained and signed by the photographer. This will allow you to have the photograph(s) duplicated, restored, altered, copied or scanned. By submitting any order to THE COMPANY, you agree to release THE COMPANY, its agents, employees and directors of any and all obligations associated with the duplication, reproduction or scanning of the photographic image(s) that are submitted. You also agree that by submitting any work under this COPYRIGHT INDEMNIFICATION AGREEMENT that this is an unlimited release for your required work of materials that is or might be copyrighted and you grant THE COMPANY permission to print, scan, restore and work in your order under this agreement. You, in effect, grant full and absolute permission for THE COMPANY to reproduce the materials or take any other action it deems necessary to complete the required work assignment for you within a suitable time period. By submitted any work to THE COMPANY, you agree that you either are the owner or have a valid waiver from the copyright owner and you agree to permit THE COMPANY to duplicate or reproduce it for you, and you, nor anyone else, will hold any claims against The COMPANY. You also guarantee and obligate yourself to confirming that you in fact hold the sole copyright to the materials submitted. All costs related to the work submitted are to be paid by you. You and/or the holder of the copyright are responsible for any and all legal disputes that may arise in relation to this COPYRIGHT INDEMNIFICATION AGREEMENT. Any infringement of this policy might be a violation of federal copyright laws. By placing this order, you agree to these stated terms and conditions and agree that you either have permission or are the holder of all copyrighted work and grant full permission for THE COMPANY to duplicate this work for you. By submitting any photographic imaging orders to THE COMPANY, you agree to pay THE COMPANY the agreed to charges for all services provided, and to indemnify and hold harmless THE COMPANY, its employees, directors and its agents for all liability, damages and expenses (including reasonable actual attorney fees) it may incur as a result of its providing processing, scanning or other services and/or printing the photos, including any claims brought by any other person or company claiming an interest in the photos or in their subject matter. You further agree that you are the copyright owner, and that you authorize THE COMPANY to perform the activities requested with the works, including the preparation, scanning and reprinting of derivative works, or if you are not the copyright owner, then you agree that in all cases you have received the prior license from the copyright owner to submit the works to us and license for us to perform the activities requested with the works, including the preparation, scanning and reprinting of distributive works. You agree to defend and indemnify The Company from all expenses and liability arising from your performing the requested activities, regardless of legal theory, including violation of statute, your negligence, our breach of this agreement, or otherwise.