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Terms and Conditions READ CAREFULLY. These Terms and Conditions ("Terms and Conditions") apply to use of the VidiSave, Inc. website located at http://www.transfermyhomevideos.com (the "Site") and the purchase of goods and services from the Site. The Site is the property of VidiSave, Inc.. Before You make any purchases, You must first select "Please click here if You have read and are in acceptance of our terms and conditions" on the "Checkout" page. BY DOING SO, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE. 1. Definitions - "We" and "Us" refer to VidiSave, Inc.. "You" or "Your" refers to the person or individual submitting an order and agreeing to these Terms and Conditions. 2. We reserve the right, at our sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is Your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. You agree that all subsequent purchases by You will be subject to these Terms and Conditions, which shall apply until We post modified Terms and Conditions and then in accordance with such modified Terms and Conditions. As long as You comply with these Terms and Conditions and any such modifications, We grant You a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site. 3. Consent To Our Communication With You By E-Mail, Phone, United States Post Office or Other Delivery Service. By making a purchase with Us, You grant permission for VidiSave, Inc. to contact You at Your e-mail address, phone number, and address. It is our policy that We do not sell Your personal information, including e-mail address, to third parties. 4. Conditions of Sale. To purchase any goods and/or services on our Site, You must: (a) be at least eighteen (18) years of age or the applicable state age of majority; (b) be a natural person (no corporations, limited liability companies, partnerships or other legal entities); and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). 5. Methods of Payment, Credit Card Terms and Taxes. If paying by personal check or money order, You agree to include payment with Your initial shipment of items to VidiSave, Inc.. If paying by credit card or PayPal, You must submit payment before completing Your order. Your credit card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not these Terms and Conditions to determine Your rights and liabilities as a cardholder. YOU, AND NOT VidiSave, Inc., ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying any governmental taxes imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. 6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to sell. VidiSave, Inc. reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. VidiSave, Inc. further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by VidiSave, Inc. upon our delivery of products or services that You have ordered. We may require additional verifications or information before accepting any order. 7. Duplication Policy. By submitting materials to Us for duplication services, You expressly grant permission to VidiSave, Inc. and its representatives to duplicate Your material, as well as to destroy any new materials that are created. Such duplications are typically held in the possession of VidiSave, Inc. for up to fifteen (15) days prior to destruction. VidiSave, Inc. is not obligated to destroy any materials that may be created in the performance of services. 8. No Responsibility To Sell Mispriced Products Or Services. VidiSave, Inc. shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. VidiSave, Inc. 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, VidiSave, Inc. shall immediately issue a refund in the amount of the charge. 9. Modifications to Prices or Billing Terms. VidiSave, Inc. RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. 10. Copyrighted Materials. It is a violation of Title 17 of the United States Code to reproduce copyrighted materials without the written consent of the copyright holder. You agree not to submit copyrighted tapes to Us for conversion unless You own the copyright or You supply to Us written permission from the copyright owner to the effect that is permissible to allow Us to make a copy for You. BY SUBMITTING ANY ITEM TO US, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMANDS BY ANY THIRD PARTY IN REGARDS TO ANY ACTUAL OR ALLEGED COPYRIGHT INFRINGEMENT. IF YOU DO NOT SUBMIT A WRITTEN PERMISSION SLIP FROM A THIRD PARTY OWNER OF THE COPYRIGHT, YOU ARE YOU ARE EXPRESSLY WARRANTING THAT YOU OWN THE COPYRIGHT ON THE TAPES. 11. No Responsibility For Shipping. VidiSave, Inc. shall not be responsible for items lost, damaged, or otherwise rendered unplayable while being shipped or delivered to or from VidiSave, Inc.. Please check with Your chosen courier service for details regarding Your rights and responsibilities. 12. Depiction of Illegal Acts. YOU AGREE NOT TO SUBMIT ITEMS FOR CONVERSION WHICH VIOLATE LOCAL, STATE, OR FEDERAL CRIMINAL LAWS, LOCAL, STATE, OR FEDERAL OBSCENITY LAWS, THAT ARE PORNOGRAPHIC IN NATURE, OR THAT DEPICT MINOR CHILDREN INVOLVED IN ANY PORNOGRAPHIC ACT. VidiSave, Inc. expressly reserves the right to refuse service to any person or individual that submits items for conversion which violate obscenity laws, DEPICTS PORNOGRAPHY OF ANY KIND, or depicts any other illegal act. 13.Right To Report. VidiSave, Inc. expressly reserves the right to report any material that may violate local, state, or federal law to the appropriate authorities. 14. Indemnification. You agree to indemnify and hold harmless VidiSave, Inc. from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to Your violation of these Terms and Conditions, or Your violation of any law, regulation or third-party right. 15.Disclaimer. CONVERSION AND DUPLICATION SERVICES OFFERED ON THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE GOODS AND/OR SERVICES WE PROVIDE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS PROVIDED IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Nevertheless, if You are not satisfied with the quality of Your DVD, We will issue a full refund (less shipping costs, if any) upon the return of all undamaged DVD's, original cases, and labels/case inserts. The refund request must be made within 30 days of the date We ship Your order and is void thereafter. This policy excludes the cost of any customer requested tape repair. 16. Governing Law. All legal issues arising from or related to the use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Illinois without regard to conflict of law principles. By using the Site and agreeing to these Terms and Conditions, You agree that jurisdiction and venue shall be proper only in the state and federal courts located in Champaign County, Illinois, USA. 17. Complete Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between VidiSave, Inc. and You. |