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Terms & Conditions These Terms and Conditions govern your use of the Digitize My Life ("DML") web site and the services provided through this site. Your acceptance of these terms and conditions by submitting your Order Form creates a binding legal contract by which the participant(s) agrees to accept and be bound by the terms and conditions on this website. Please read the following Terms and Conditions carefully. These Terms and Conditions may change from time to time so please check back periodically. If you have any questions regarding these Terms and Conditions, please contact us using this form, or using our contact information provided on that form. Eligibility for Service In order to be eligible for service by DML, you must provide all required information including your name and an accurate and legitimate e-mail address. The use of DML's service is also governed its privacy policy. Trademark, Copyrights and Contents "Digitize My Life" and all related graphics, logos and service names are trademarks of DML. All other trademarks that appear on the DML Site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law. You should assume that all of the content or other works that are made available to you on the DML Site (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display, or perform any Content without the express permission of the owner of that Content. DML will not knowingly scan any copyrighted material without written consent from his rightful owner. DML has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services you requested, you: a- Agree that we can, solely in connection with providing those services you request, display, modify, transmit or distribute your photos; and b- Acknowledge that you are the owner of the copyrights to the photos you post or transmit to us, or that you have the permission of the copyright owner to post, transmit or mail the photos. DML will not accept or scan materials depicting pornography, child abuse or animal cruelty. Nudity is accepted as long as it is considered artistic. Our judgment in this matter is final. Conditions for Service As conditions of your use of the DML site and DML's services, you shall not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable; Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; Harm minors in any way; Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the DML site; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; Interfere with or disrupt (or attempt to interfere with or disrupt) the DML site or servers or networks connected to the DML site, or disobey any requirements, procedures, policies or regulations of networks connected to the DML site;Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over DML, its affiliates or users. Disclaimer of Warranty and Limitations of Liability The DML site and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, DML disclaims any warranties for the security, reliability, timeliness, and performance of the DML site or the DML service. DML further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the DML site. You, the user, understand and agree that the submission of any physical or digital photos, slides, or video tapes to DML and the download or upload of any material through the DML site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. DML does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services. DML shall assume no responsibility for any loss or damage to client's materials while it is transported by the mail, courier or transport companies. DML shall assume no responsibility nor liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which DML has no control. Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, DML (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if DML has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. License and Site Access DML grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of DML. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DML. Any unauthorized use terminates the permission or license granted by DML. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to DML pages so long as the links do not portray DMLor its suppliers or their products or services in a false or misleading manner. Indemnity By using the DML site, you agree to indemnify and hold harmless DML and its parents, subsidiaries, affiliates, officers, consultants, and employees from any and all claims and expenses, including attorney's fees, arising from your use of DML's services. Termination of Service DML may terminate its service to you through the DML site at any time, without notice, for any conduct in violation of this Terms of Service or any other policies or guidelines set forth by DML on the DML site. DML reserves the right to take all appropriate measures to enforce DML's policies. Governing Law The DML service is handled and operated in the United States of America, and DML reserves the right to change this at any point. All legal issues arising from or related to the use of the DML site or DML's services shall be construed in accordance with the laws of the State of New York without regard to conflicts of law principles. General Provisions These Terms of Service constitute the entire agreement between you and DML with respect to the use of the DML site and any DML services. DML's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. 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 of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. DML reserves the right to change these Terms of Service at any time, for any reason, and without notice. It is your obligation to check back on these Terms of Service from time to time. |
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