Welcome to Smooth Photo Scanning Service, LLC (“Smooth Photo Scanning Service”, “We” or “Our”). Smooth Photo Scanning Service provides you (“you”, “your” or “user”) with a flexible, efficient and easy way to digitize your photograph and video products.
Smooth Photo Scanning Service converts our customers’ photos, albums, slides, VHS tapes, film, etc. into digital format. This service ensures that their one of a kind photos and videos are preserved in the event of a flood, fire, being lost, or stolen, etc. Customers can also easily be shared online or by DVD/hard drive.
BEFORE YOU SET UP AN ACCOUNT BY COMPLETING THE “CREATE ACCOUNT” FORM ON THE SMOOTH PHOTO SCANNING SERVICE WEBSITE LOCATED AT WWW.SMOOTHPHOTOSCANNING.COM (THE “SITE”) TO BECOME A MEMBER OF SMOOTH PHOTO SCANNING SERVICE AND BEFORE YOU USE THE SITE AND ITS SERVICES (TOGETHER, THE “SERVICE”, IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SMOOTH PHOTO SCANNING SERVICE AND GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE. IF YOU AGREE TO THE TERMS AND WISH TO USE THE SERVICE YOU MUST CHECK THE BOX TITLED “I AGREE” ON THE FORM DURING THE ACCOUNT CREATION PROCESS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT CLICK “AGREE” AND DO NOT OTHERWISE USE THIS SITE. IF YOU CLICK “I AGREE” OR IF YOU USE THIS SITE AND/OR THE SERVICE ON THIS SITE THAT WILL INDICATE YOUR AGREEMENT TO ABIDE BY THE TERMS. YOUR USE OF THE SERVICE IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THE TERMS. SMOOTH PHOTO SCANNING SERVICE RESERVES THE RIGHT TO AMEND THE TERMS AT ANY TIME AND FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO CHANGE OR TERMINATE ANY SERVICE AND THE RIGHT TO CHANGE THE PRICES OF ANY SERVICE OR PRODUCT. ANY AMENDMENT OR MODIFICATIONS MADE BY SMOOTH PHOTO SCANNING SERVICE WILL BE PROSPECTIVE ONLY. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK BACK AND REVIEW THE TERMS POSTED ON THE SITE PERIODICALLY SO THAT YOU CAN STAY UP TO DATE WITH ANY CHANGES.
Note that any violation of these Terms may result in termination of the Service to you. If you have any questions about the Smooth Photo Scanning Service Terms & Conditions or if you should know any user violating the Smooth Photo Scanning Service Terms & Conditions, please contact our Customer Service Department at info@smoothphotoscanning.com or by mailing a letter to Smooth Photo Scanning Service, LLC, Attention Customer Service Department, 300-2 Route 17 South, Suite 3, Lodi, New Jersey 07644.
1. OUR GUARANTEE
Smooth Photo Scanning Service guarantees that your scanned images will be the best quality possible. If you are not happy for whatever reason with the quality of your scanned photos, we will rescan them at no cost to you. If you are still not happy with your re-scanned photos, we will give you credit for the full amount of your order to use in the future.
2. USER AGE REQUIREMENTS
To purchase from or become a user of the Service, you must be at least eighteen (18) years old or over.
3. USER INFORMATION
You agree to provide Smooth Photo Scanning Service with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
4. PASSWORD
When you register as a User of the Service, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Smooth Photo Scanning Service immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. You will be responsible for all activities that occur under your password and account. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
5. NO RESALE
The Service provided by Smooth Photo Scanning Service is for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell, or exploit any part of the Service, use of the Service, or access the Service for any commercial purposes unless you receive the prior written authorization of Smooth Photo Scanning Service.
6. CONTENT AND MEMBER CONDUCT
You acknowledge and agree that all photographic and video material, and resulting digital images or video, (collectively “Content”) submitted by you to the Service and/or created for you by the Service are your sole responsibility.
By submitting Content to Smooth Photo Scanning Service, you represent and warrant to Smooth Photo Scanning Service that you either own the Content or have the expressed written permission from the copyright owner to make such Content available to Smooth Photo Scanning Service to perform the Service and its obligations under these Terms. Further, upon request you agree to provide to Smooth Photo Scanning Service any and all proof of ownership of the Content or the expressed written permission from the copyright owner of the Content.
You agree to indemnify and hold Smooth Photo Scanning Service and its officers, directors, employees, affiliates, agents, licencors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including all attorneys’ fees and costs of defense) Smooth Photo Scanning Service or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
Smooth Photo Scanning Service does not control the Content of User’s accounts and does not have any obligation to actively monitor such Content for any purpose. You acknowledge that although Smooth Photo Scanning Service is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, Smooth Photo Scanning Service has the absolute right (but not the obligation), in its sole discretion to refuse to process, return, delete, remove, and edit Content for any reason at any time with or without notice.
You agree not to use or attempt to use the Service to process or produce Prohibited Content. Generally, “Prohibited Content” includes, but is limited to, Content or other material that Smooth Photo Scanning Service believes:
a. Is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Contains nudity. Smooth Photo Scanning Service will not accept or process any Content with any nudity, including images that Smooth Photo Scanning Service, in its sole judgment, deems to be erotic in nature. Smooth Photo Scanning Service understand that nudes are a longstanding photographic tradition, however, this policy is necessary for our business.
c. Could give rise to any civil or criminal liability.
d. Could infringe rights of privacy, publicity, copyrights, or other intellectual property rights without the express written permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
e. Advocates or depicts illegal activity or activities.
f. Harms anyone, including, but not limited to, minors in any way.
g. Promotes bigotry, racism, hatred, or harm against any individual or group.
h. Provides a link to any of the above.
The above list of Prohibited Content is merely an example and is not intended to be complete or exclusive. Smooth Photo Scanning Service has the sole discretion to determine whether Content is Prohibited Content. Smooth Photo Scanning Service reserves the right to terminate your access to your account or the Service with or without cause and with or without notice, or for any action that Smooth Photo Scanning Service determines is or may be disruptive to the Site or the Service. Smooth Photo Scanning Service may report to law enforcement authorities any actions that may be illegal. When legally required, or at Smooth Photo Scanning Service’s sole discretion, Smooth Photo Scanning Service will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.
7. PRIVACY POLICY AND INFORMATION DISCLOSURE
Smooth Photo Scanning Service believes strongly in protecting the privacy of Users using the Service. Smooth Photo Scanning Service has created a Privacy Policy to explain to Users how their personally identifiable information is collected and used, which is located at: (“Privacy Policy“). Your use of the Site and/or Service is governed by the Privacy Policy. You further acknowledge and agree that Smooth Photo Scanning Service may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Smooth Photo Scanning Service, its Users or the general public.
8. PRICING, PAYMENTS, AND ELECTRONIC COMMUNICATIONS
You agree to pay in full, the price quoted for your order and any additional amounts incurred, for reasons including, but not limited to, if the Content type and/or size is different than initially estimated on the order form or if the actual shipping/delivery charges are higher than estimated at the time of your order. If the work performed and/or shipping is lower than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred. Pricing for gift cards and gift boxes will be paid in full at the time of purchase.
The shipping and handling costs to ship your originals to Smooth Photo Scanning Service is prepaid by you at the time of placing the order. All payments shall be made by credit card in advance prior to shipping the original Content. You are responsible for paying any taxes that may apply. If you do not pay on time or if Smooth Photo Scanning Service cannot charge your credit card or other payment account for any reason, Smooth Photo Scanning Service reserves the right to either suspend or terminate your access to your account and terminate these Terms.
By using the Service, you consent to receiving electronic communications from Smooth Photo Scanning Service. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with Smooth Photo Scanning Service and you receive them as part of your subscription to the Service. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Smooth Photo Scanning Service offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met. Smooth Photo Scanning Service will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.
9. SHIPPING
SMOOTH PHOTO SCANNING SERVICE IS NOT LIABLE FOR THE CONTENT, OR ANY OTHER MATERIALS, WHILE IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER, INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE, UNITED PARCEL SERVICE (UPS), OR FEDERAL EXPRESS (FEDEX). YOU AGREE TO ACCEPT COMPLETE LIABILITY FOR ANY CONTENT, OR ANY OTHER MATERIALS, SHOULD THEY BE MISDIRECTED, LOST, STOLEN, OR DAMAGED WHILE IN THE POSSESSION OF, IN TRANSIT THROUGH OR OTHERWISE UNDER THE CONTROL OF ANY THIRD PARTY CARRIER. ALL ITEMS PURCHASED THROUGH SMOOTH PHOTO SCANNING SERVICE OR THE SERVICE ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO YOUR SELECTED CARRIER. DUE TO THE NATURE OF THE CONTENT, NO INSURANCE IS AVAILABLE FOR THE SHIPPING OR THE HANDLING OF YOUR ORDER, AND SMOOTH PHOTO SCANNING SERVICE OFFERS NO WARRANTY OR GUARANTEE AGAINST DAMAGE OR LOSS WHILE YOUR ORDER IS IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER.
10. EMBEDDED INFORMATION
Certain information concerning the Content being optically scanned by the Service is digitally embedded by Smooth Photo Scanning Service into the resulting image files utilizing the Extensible Markup Platform standard and EXIF/IPTC standards (“Embedded Information”). This Embedded Information may include, but is not limited to, Smooth Photo Scanning Service contact information, a unique order number, a unique User number, information or descriptive “tags”, and the operator and the time and date which the Service was provided. This Embedded Information is necessary for Smooth Photo Scanning Service to effectively perform the production and distribution processes of the Service. Because of its nature, this Embedded Information can also be used to identify the source and history of an image or video independent of the Service. You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every photo or video scan performed by the Service and that you have been informed that distributing your images or video would result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images or video either intentionally or unintentionally.
11. GENERAL USE RESTRICTIONS
Smooth Photo Scanning Service provides products, content and services through the Site, including content, trademarks, logos, graphics, music, software, and images that are not Content (collectively, the “Materials”) that are the copyrighted work of Smooth Photo Scanning Service or Smooth Photo Scanning Service’s licensors.
Except as expressly provided herein, Smooth Photo Scanning Service grants you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and use the Service and the Site solely for your personal use. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy all Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
12. THIRD PARTY CONTENT
Smooth Photo Scanning Service may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Any information or content provided by such third parties is, in each case, the copyrighted work of the creator/licensor. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. SMOOTH PHOTO SCANNING SERVICE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LINKS TO THIRD PARTY SITES
While our Site may have links to the websites of other third parties (“Third Party Sites”), Smooth Photo Scanning Service has no control over those Third Party Sites. Smooth Photo Scanning Service is not responsible, or liable, for any content, advertising, products, services, or other materials on or available from those Third Party Sites. Smooth Photo Scanning Service is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those Third Party Sites.
14. TERMINATION
You may terminate your account at any time by contacting our Customer Service Department at info@smoothphotoscanning.com. If you have a dispute with us relating to the Service, you may cancel your account or cease use of the Service. The cancellation of your account or ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within seventy-two (72) hours after we receive your request. If you have purchased a Service from us, any such termination or cancellation is subject to any service performed.
You agree that Smooth Photo Scanning Service, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, video, or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that Smooth Photo Scanning Service shall not be liable to you or any third-party for any termination of your access to the Service.
15. DELETION OF INACTIVE ACCOUNTS
Smooth Photo Scanning Service reserves the right to delete your account if it has been inactive for more than one (1) year. Smooth Photo Scanning Service will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after Smooth Photo Scanning Service sends you the email notification, Smooth Photo Scanning Service will delete your account, the Content contained in your account, and any personally identifiable information related to your account. This process will also delete any personally identifiable information.
16. TRADEMARK & COPYRIGHT NOTICE
The trademarks, logos, and service marks displayed on the Site are the property of Smooth Photo Scanning Service or its licensors and may not be reproduced in any form without expressed written permission from Smooth Photo Scanning Service.
Unless otherwise specified, all information and screens appearing on this Site including all Materials, documents, services, site design, text, graphics, logos, images, and icons, as well as the selection and arrangement thereof, are the sole property of Smooth Photo Scanning Service. Moreover, all Materials contained in or on any product or Service delivered to you, including, but not limited to all software, graphics, images, and music contained in or on any CD, DVD or hard drive, are the sole property of Smooth Photo Scanning Service. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Smooth Photo Scanning Service respects copyrights and insist that you do as well. 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. Smooth Photo Scanning Service 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 (), 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 Smooth Photo Scanning Service, you agree to release Smooth Photo Scanning Service, 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 that this is an unlimited release for your required work of materials that is or might be copyrighted and you grant Smooth Photo Scanning Service permission to print, scan, restore, and work in your order under this agreement. You, in effect, grant full and absolute permission for Smooth Photo Scanning Service 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 Smooth Photo Scanning Service, you agree that you either are the owner or have a valid waiver from the copyright owner and you agree to permit Smooth Photo Scanning Service to duplicate or reproduce it for you, and you, nor anyone else, will hold any claims against Smooth Photo Scanning Service. 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. 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 Smooth Photo Scanning Service to duplicate this work for you. By submitting any photographic imaging orders to Smooth Photo Scanning Service, you agree to pay Smooth Photo Scanning Service the agreed to charges for all services provided, and to indemnify and hold harmless Smooth Photo Scanning Service, its employees, directors, and its agents for all liability, damages and expenses (including reasonable actual attorneys’ 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 Smooth Photo Scanning Service 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 Smooth Photo Scanning Service from all expenses and liability arising from your performing the requested activities at my request, regardless of legal theory, including violation of statute, your negligence, my breach of this agreement, or otherwise.
17. FEEDBACK
To the extent you provide Smooth Photo Scanning Service with any suggestions, information, ideas, or feedback concerning the Service through the Site, including, but not limited to, a description of any errors which you have discovered while using the Service (“Feedback”), such Feedback will be the sole and exclusive property of Smooth Photo Scanning Service. You agree to assign, and hereby do assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to Smooth Photo Scanning Service and agree to assist Smooth Photo Scanning Service in perfecting and enforcing such rights. Smooth Photo Scanning Service may publish any Feedback to assist us in responding to your support requests or to support other Users using the Service.
18. DISCLAIMER OF WARRANTIES
THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMOOTH PHOTO SCANNING SERVICE, AND ITS LICENSORS, DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND SMOOTH PHOTO SCANNING SERVICE MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SMOOTH PHOTO SCANNING SERVICE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
19. LIMITED REMEDY FOR LOSS OF YOUR ENTIRE ORDER
SMOOTH PHOTO SCANNING SERVICE ONLY ASSUMES THE RISK OF LOSS OF YOUR ENTIRE ORDER FROM THE TIME THAT SMOOTH PHOTO SCANNING SERVICE ACTUALLY RECEIVES YOUR ENTIRE ORDER UNTIL THE TIME THAT SMOOTH PHOTO SCANNING SERVICE DELIVERS YOUR ORDER TO A THIRD PARTY CARRIER FOR TRANSPORT. PROVIDED, HOWEVER, SMOOTH PHOTO SCANNING SERVICE DOES NOT ASSUME SUCH RISK OF LOSS FOR YOUR ENTIRE ORDER, IF, AFTER RECEIVING YOUR ORDER FROM ANY THIRD PARTY CARRIER, SMOOTH PHOTO SCANNING SERVICE DISCOVERS THAT ANY OR ALL OF THE CONTENTS OF YOUR ORDER IS DAMAGED OR LOST. IF SMOOTH PHOTO SCANNING SERVICE LOSES YOUR ENTIRE ORDER DURING THE LIMITED PERIOD THAT YOUR ORDER IS UNDER SMOOTH PHOTO SCANNING SERVICE’S SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND COMPLETE REMEDY FOR ANY SUCH LOSS IS SMOOTH PHOTO SCANNING SERVICE’S PAYMENT TO YOU IN THE AMOUNT OF UP TO FIVE HUNDRED DOLLARS ($500.00) (THE SAFE HANDLING GUARANTEE). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SAFE HANDLING GUARANTEE 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. YOU BEAR ALL RESPONSIBILITY OF LOSS OR DAMAGE OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS NOT UNDER SMOOTH PHOTO SCANNING SERVICE’S SOLE CUSTODY AND CONTROL. NOTWITHSTANDING THE FOREGOING, THE SAFE HANDLING GUARANTEE, ALONG WITH ANY OTHER QUOTED GUARANTEES OR WARRANTIES, ONLY APPLIES IF SMOOTH PHOTO SCANNING SERVICE’S RECOMMENDED PACKAGING INSTRUCTIONS ARE FOLLOWED.
20. LIMITATION OF LIABILITY
EXCEPT FOR THE SAFE HANDLING GUARANTEE PROVIDED FOR IN SECTION 19 OF THESE TERMS, YOUR USE OF THE SITE AND/OR THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. SMOOTH PHOTO SCANNING SERVICE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE, EVEN IF SMOOTH PHOTO SCANNING SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
21. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL SMOOTH PHOTO SCANNING SERVICE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
22. DEADLINE FOR IDENTIFICATION OF ISSUES
If you have any issues regarding your order, including, but not limited to, allegations of lost or damaged media, you agree that you will communicate any such issue(s) to Smooth Photo Scanning Service’s Customer Service Department within thirty (30) days of receiving the return delivery of your completed order. SMOOTH PHOTO SCANNING SERVICE DISCLAIMS ANY RESPONSIBILITY, AND YOU HEREBY AGREE TO ACCEPT FULL RESPONSIBILITY, FOR ANY ISSUES THAT ARE IDENTIFIED AND/OR COMMUNICATED TO SMOOTH PHOTO SCANNING SERVICE FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD. MOREOVER, SMOOTH PHOTO SCANNING SERVICE WAIVES ANY AND ALL WARRANTIES AND GUARANTEES ASSOCIATED WITH ANY SUCH ISSUES IDENTIFIED AND/OR COMMUNICATED TO SMOOTH PHOTO SCANNING SERVICE AFTER THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.
23. GENERAL
These Terms, your access and use of the Site and the Service and the relationship between you and Smooth Photo Scanning Service are governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Bergen County, New Jersey. Notwithstanding the foregoing, Smooth Photo Scanning Service shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Smooth Photo Scanning Service’s sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our relationship is not one of agency or partnership and neither you nor Smooth Photo Scanning Service shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site and/or the Service. You may not assign or transfer your rights to any third party. Smooth Photo Scanning Service may assign its rights and obligations under these Terms at any time without notice to you. These Terms will inure to the benefit of Smooth Photo Scanning Service’s successors and assigns. If any of the provisions in these Terms are determined to be unenforceable or invalid, then such provisions are hereby waived or amended to the extent necessary to achieve the same economic effect for these Terms to be enforceable under the applicable law, and the rest of the agreement shall remain in full force and effect. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. These Terms may be modified only by Smooth Photo Scanning Service by posting changes to the Terms on the Site. These Terms, and the documents incorporated by reference, constitute the entire understanding between you and Smooth Photo Scanning Service regarding your access to and use of the Site and the Service, and they supersede any prior agreements, statements or representations with respect to the same. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms shall control.
Effective DATE: 8/10/15
Updated DATE: 7/11/17