TERMS OF SERVICE

Introduction:

Thank you for choosing Pictures to DVD to create your photomontage. These Terms of Service govern your use of our service. By placing an order with us, you are stating your agreement to these Terms of Service, and a binding legal agreement is created. You should therefore read these Terms of Service carefully. You must be 18 years or older to use our services.

Production Policy:
Pictures to DVD, will produce photo montages using your photographs and, subject to this agreement, music you provide to us. Your documents are digitized, enhanced, organized in a slideshow and set to your music. This photomontage is then recorded on a DVD using DVD+R or DVD-R specifications that can be played on most DVD players and televisions. If there are questions on compatibility it is your responsibility to contact us prior to placing the order or review your manufacturer specifications. Chapters can also be added to DVDs. Chapters will function much like “scene selections” on a DVD. You will use the “Photomontage Worksheet” to provide your instructions for the montage including : music titles, written titles to be included in the photomontage, the order of music and corresponding photographs, and other special requests. You may include as many images as you would like, but should the total time of the photomontage exceed 100 minutes, the photomontage may be recorded onto multiple DVDs. If we determine the images are not suitable for production, you will be notified prior to the video being created. You will have an option to cancel your order or authorize us to use the images “as is”. In the latter circumstance we will not be able to guarantee the quality of the final product.
We will not accept any photos that depict minors or any person who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. Additionally, if necessary for the protection of minors or as required by law, we will disclose such material to the proper authorities.

Video Creations:
Pictures to DVD will simply assemble the videos in accordance with its customer’s requests. We do not monitor, critique or otherwise challenge the content of the videos unless it appears to violate the provisions of these Terms of Service.

*All materials sent to us will be returned to you including photos, documents and CDs.*



 

The Use of Images and Music to Create Your Video:

Pictures to DVD will use the images and music you supply to us (except where not permitted by these Terms of Service) to assemble the video according to your plan. These image files of your photos, documents and music CDs you provide to us (or, by special arrangement with us, music you ask us to acquire for you and on your behalf from a legitimate vendor). You are responsible for all images and music chosen to be incorporated in the video. You must have the right to use the images and music you supply to us in your photomontage, and by placing an order with us you are representing and warranting to us that you have that right, that all images you supply belong to you, that all music CDs you supply belong to you and were purchased by you from a legitimate retail vendor for your own personal in-home use, and that you have obtained any third party permissions that may be necessary to use the images and the music you are supplying in your photomontage. Such permissions may include but are not necessarily limited to the permission of the photographer(s) of any professional photograph(s) you supply to us for use in the video. By placing an order with us, you are representing and warranting to us that you have all such rights and any necessary permissions from third parties. By placing an order with us, your are also agreeing to indemnify us against any liability that might arise as the result of a claim by any third party that inclusion of the materials (images and music) you supply to us in your photomontage violates any copyright or other right of any third party. I expressly disclaims any responsibility or liability to any third party arising out of the content of the materials (images and music) you supply to us for inclusion in your photomontage, and you agree to be solely responsible as to any such claim. Pictures to DVD also reserves the right not to create a video if it deems the content to be hateful, harmful or otherwise objectionable or contrary to any law. If you are unsure, please contact us to describe your project and we will let you know if it is acceptable to send it to us.

Copyguarding and Copying Your Video:
By placing an order with us, you agree that you are strictly prohibited from selling, copying, publishing or in any manner making available to the general public, with or without charge (including any form of posting on the Internet) any copies of the video Pictures to DVD make for you. You further agree that your use of the video (and any copies of the video we make for you) must be limited solely to your own personal in-home viewing (including viewing in the homes of your friends and family without charge). Should you wish additional copies of you video photomontage in the future, please contact us.

DISCLAIMER TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITS PRODUCTS AND SERVICES.
UNDER NO CIRCUMSTANCES SHALL PICTURES TO DVD BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CUSTOMERS PHOTOS, MUSIC CDS, OR ANY OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO AS A RESULT OF THEFT, FIRE, FLOOD, NATURAL DISASTER, WAR, OR TERRORISM.
BY PURCHASING THE SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE YOU ARE AGREEING TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.

General:
These Terms of Service shall be governed by the laws of New Mexico where Pictures to DVD is organized. If a court should find any one of the provisions of these terms not enforceable, you agree that the remaining terms shall remain in force. Further, these Terms of Service represent the full agreement between you and Pictures to DVD. Pictures to DVD have the right to modify these Terms of Service at any time. Should you continue to use the service after notice of the changes, your use will constitute an acceptance of the changes. If there are any questions regarding any of the above provisions, you should contact: Pictures to DVD, 570 Camino Montebello, Santa Fe, 87501 NM or by telephone: 505-988-1389.


Copyright ©2004 Pictures to DVD