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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.
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