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VHS to DVD Conversion Services - Terms and Conditions

1. Introduction

Welcome to VHS to DVD Services. We are a company that insists upon engaging in fair and reputable business practices. Please read all of the terms put forth in this agreement. Order placement constitutes acceptance of these terms and a binding legal agreement wherein you agree to be bound by the terms put forth in this contract.

2. Materials

In this agreement "Materials" is defined as all items submitted to VHS to DVD Services for the production of Digital Versatile Discs (DVD). You hereby grant VHS to DVD Services the rights necessary to perform the services necessary. VHS to DVD Services has no responsibility for reviewing any material that you provide and in its sole discretion reserves the right to cancel service for any material that it believes is in violation of or could give rise to any civil or criminal liability under applicable law, as well as for any other reason. Furthermore, VHS to DVD Services reserves the right to deny service to you for any particular submission at any time for any reason (or for no reason at all).

3. Export

You the customer are responsible for compliance with all local laws, and as such are therefore required to comply with U.S. export laws. You hereby agree not to export any products produced by VHS to DVD Services in violation of any export control laws, rules or regulations.

4. Payment

Customer agrees to pay for services upon placement of order. This is to cover administrative costs and the cost of materials and shipping to the client. In the event that the order is not fulfilled the customer will be issued a refund.

5. Governing law

All legal issues arising from or related to the purchase of these services shall be construed in accordance with the laws of the State of Ohio, and all questions with respect thereto shall be determined by the laws of the aforementioned state, without regard to conflicts of law principles. By using this service and agreeing to these terms and conditions, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Cuyahoga County, Ohio with respect to such disputes arising out of or relating to these Terms and Conditions or your use of these services.

6. Disclaimer of Warranty and Limitations of liability

All processing of video, photographs or other materials is subject to VHS to DVD Services Terms and Conditions. Submitting any videotapes to VHS to DVD Services for processing constitutes an agreement by you that any damage or loss by VHS to DVD Services, its employees or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of blank videotape and processing. We suggest sending us a backup copy of your video for conversion. Except for the exclusive remedy of replacement, the handling of any videotape is without warranty or liability and recovery for any incidental or consequential damages is excluded.

VHS to DVD Services transfers your data to DVD and immediately permanently deletes it from our systems unless you make special arrangements in advance for archival data storage. Please DO NOT send us any data or materials that you have not backed up. Under no circumstances will VHS to DVD Services be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of our services.

Under no circumstance shall VHS to DVD Services be liable for, and customer expressly waives any claim for, indirect, incidental, punitive, exemplary, special or consequential damages. Any action hereunder must be brought, if at all, within one year from the accrual of the cause of action. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

7. Modification of Terms

VHS to DVD Services reserves the right to change this policy at any time, for any reason and without notice, including the right to terminate these services. Please review these terms periodically to avail yourself of any changes. These terms are void where prohibited by law, and the right to use this service is revoked in such locations.

8. Indemnity

By using these services you agree to indemnify VHS to DVD Services and its directors, officers and employees and hold them harmless from any and all losses, claims, damages, expenses, and costs including attorney's fees, arising from your use of this service or from any claims made by third parties that your submissions infringe or violate any third party right or law (including, without limitation, defamation, obscenity, pornography, copyright and trademark claims).

9. Entire Agreement

These Terms and Conditions constitute an agreement between you and VHS to DVD Services with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between representatives and you with respect to the subject matter hereof, except that any other terms and conditions located elsewhere in association with this offer are incorporated herein by this reference to the extent that they do not conflict with these Terms and Conditions.

10. Violation of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of VHS to DVD Services, VHS to DVD Services reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all services. If VHS to DVD Services should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these terms of service are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

11. Miscellaneous

VHS to DVD Services will not be responsible to fulfill its obligation under any circumstances if such failure is caused by circumstances beyond the reasonable control of VHS to DVD Services or its suppliers or contractors, including but not limited to acts of God, acts of terrorism, unavailability of materials, equipment failures, strikes or other labor disturbances.

Revised 07/11/2021