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- This agreement defines the terms and conditions between Digital Video Difference,
Inc. (referred to as "Company") and "Customer", whereby the Company will provide to the
Customer conversion of consumer and business videotapes, films and photographs (referred to
as "media") to digital versatile disk (DVD) insuring the preservation of their content and making
them more convenient to store and view.
- The Company will provide conversion services at prices which are posted at its
web site, www.digitalvideodifference.com. All prices are exclusive of shipping and handling costs,
which will be added to determine the final price. All prices are exclusive of any tax, or governmental
charge that may be assessed by any jurisdiction. All taxes are the responsibility of the consumer.
However, sales tax will be added to all orders shipped in the State of Colorado.
- Because the actual damages that the Customer may sustain, if the original media
is lost and/or destroyed, breaching this obligation, are uncertain and would be very difficult to
ascertain accurately, the parties agree in good faith that the sum of $15.00 would be reasonable
and just compensation for harm caused by the loss and/or destruction of the original media.
Therefore, the Company promises to pay and the Customer promises to accept the sum as set
forth herein as liquidated damages and not as a penalty, in the event of breach of this obligation
as set forth in this article.
- The Company makes no warranty of any kind with respect to the services and
products provided under this agreement. The Company disclaims all warranties, express and
implied, including the warranties of merchantability and fitness for a particular purpose. In
situations involving performance or non-performance of services or products furnished under this
agreement, the Customer's sole remedy shall be repair and/or return of the defective product to
the Company for a refund at the discretion of the Company.
- The Company will not be liable for any damages a Customer may suffer arising out
of acts of God, use or inability to use the products, unless such damages are caused by an
intentional and willful act of the Company. In no event shall the Company be liable for the theft,
and/or destruction of Customer's video provided to the Company. The Company will not be liable
for indirect, incidental, special or consequential damages, loss of goodwill or profits for any lost
property of the Customer. The Company's liability for such damages to the Customer for any cause
whatsoever, regardless of the form of action, including negligence, shall not exceed the amount of
the replacement of the cost of blank media.
- The Customer will indemnify and hold the Company harmless against any claims
or demands by any third party that infringes upon any U.S. Copyright and/or Patent. The Customer
shall be liable for and shall indemnify and defend the Company from and against any claims in any
way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright
or other intellectual property rights in relation to the Customer's use of the service and (ii)
Customer use or inclusion of any information, photographs, artwork or other content including
without limitation claims based on invasion of privacy, right of publicity, Communications Decency
Act of 1996, obscenity or pornography, and a violation of any State or ordinance or other laws.
- This agreement shall constitute the entire agreement of the parties with respect
to the services and product provided. These terms and conditions shall prevail, notwithstanding
any different or additional terms and conditions in any form provided by Customer. No waiver of
any rights hereunder shall be deemed to be a waiver of the right on any other occasion. This
agreement shall be governed by the laws of the State of Colorado without regard to conflicts of
law principles.
- In case any one or more of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality,
unenforceability shall not effect any other provision of this agreement and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
- Acceptance of terms. The Company provides its services to the Customer subject
to the terms of service contained herein, which may be updated from time to time without notice to
the Customer.
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