Terms of Service
Last revised April 11, 2007
Please read these Terms of Service
("Terms") carefully as they contain the legal terms and
conditions that you agree to when you use the photography services
provided to you by XtremeScan through www.XtremeScan.com and
derivative sites on which these Terms are posted (collectively, "the
Service" or "the Site").
By using our Service you agree to be
bound by Section One of these Terms which contains provisions
applicable to all users of our Service, including casual visitors. If
you choose to register as a member of, or make a purchase through our
service, you will be asked to check a box to indicate that you have
also read and agree to be bound by the additional wording set out in
Section Two of these Terms.
Section One: Provisions
applicable to all Users of the Service (Registered or Not Registered)
Operator
This Service is operated by XtremeScan
doing business in the state of New Hampshire. XtremeScan is also
referred to in these Terms as "we" and "us" and
“XtremeScan.com”.
Purpose of
the Service
XtremeScan offers film scanning
services to convert film based images into digital format that can
be viewed, shared, stored, transmitted and printed.
Availability
XtremeScan uses reasonable measures to
ensure that the Service is available 24 hours a day 7 days a week.
However, there will be occasions when the Service will be interrupted
for maintenance, upgrades and emergency repairs or due to failure of
telecommunications links and equipment that are beyond the control of
XtremeScan. Every reasonable step will be taken by us to minimize
such disruption where it is within the reasonable control of
XtremeScan. You agree that XtremeScan shall not be liable to you for
any modification, suspension or discontinuance of the Service. Online
sharing and hosting of scanned images on our web site is provided as
a convenience to our customers. It is not a permanent storage medium
and availability is not guaranteed.
Privacy
We have a firm commitment to
safeguarding your privacy. Please review XtremeScan's Privacy Policy.
The terms of our privacy policy are incorporated into, and considered
part of, these Terms.
Trademarks
All brand, product and service names
used in this Service which identify XtremeScan or third parties and
their products and services are proprietary marks of XtremeScan
and/or the relevant third parties. Nothing in this Service shall be
deemed to confer on any person any license or right on the part of
XtremeScan or any third party with respect to any such image, logo or
name.
Copyright
XtremeScan is, unless otherwise stated,
the owner of all copyright and database rights in the Service and its
contents. You may not publish, distribute, extract, re-utilize or
reproduce any such content in any material form (including
photocopying or storing it in any medium by electronic means). See
our Copyright Notice for more info.
Reporting Violations of Your
Copyrights
If you believe the copyright in your
work has been violated through this Service, please contact us
directly with the following information, which XtremeScan may then
forward to the alleged infringer:
1.identify the material on the Service
that you believe infringes your work, with enough detail so that we
may locate it on the Service;
2.provide your address, telephone
number, and email address;
3.provide a statement that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
4.provide a statement that (i) the
information you have provided to us is accurate, and (ii) you are the
owner of the copyright interest involved or you are authorized to act
on behalf of that owner; and
5.provide your physical or electronic
signature. Upon receiving your complaint, XtremeScan may remove
content that you believe infringes your copyright. In addition,
XtremeScan may terminate the account of the member who appears to be
infringing your intellectual property rights.
External Links
From time to time XtremeScan may
provide links that will take you to other, third party websites.
These links are provided for your convenience. If you decide to
access linked websites you do so at your own risk. We do not endorse
or take responsibility for the content on other websites or the
availability of other websites and you agree that XtremeScan is not
liable for any loss or damage that you may suffer by using other
websites.
Amendment of the Terms
We reserve the right to amend these
Terms from time to time. If you have registered as a member, we shall
notify you of any material changes to these Terms by email sent to
the address you have provided to XtremeScan for your account. If you
continue to use the Service once you have been notified of the
changes to these Terms, you will be deemed to have accepted those
changes.
Applicable Law and Jurisdiction
These Terms shall be governed by and
construed in accordance with the laws of the State of New Hampshire.
Any disputes arising under or in connection with these Terms shall be
subject to the non-exclusive jurisdiction of the state and federal
courts of the State of New Hampshire.
Disclaimer of Warranty and
Limitation of Liability
THE SERVICE, XTREMESCAN'S SITES AND ALL
RELATED PRODUCTS AND SERVICES 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, TITLE, AND
NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT
PERMITTED BY LAW, XTREMESCAN DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT
SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE
DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO
PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE
SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO XTREMESCAN, AND
THE ACCESS TO ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR
ACCESS OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING
BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR
DAMAGE TO, YOUR FILM OR PHOTOS, XTREMESCAN SHALL BE LIABLE ONLY FOR
THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN
THE EVENT OF ANY MISTAKE BY XTREMESCAN, SUCH AS THE SHIPMENT OF A
DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN
POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE
PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR
INABILITY TO USE XTREMESCAN'S SITE OR THE SERVICE, (II) ANY
TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE
SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF
XTREMESCAN 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. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, XTREMESCAN'S
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
Conduct
You agree not to use the Service:
1.for any unlawful purposes;
2.to submit for scanning or otherwise
transmit or communicate any material that is obscene, offensive,
blasphemous, pornographic, unlawful, threatening, menacing, abusive,
harmful, an invasion of privacy or publicity rights, defamatory,
libelous, vulgar, illegal or otherwise objectionable;
3.to submit for scanning or otherwise
transmit or communicate any material that you do not have a right to
transmit or communicate under any contractual or fiduciary
relationship or which infringes any copyright, trade mark, patent or
other intellectual property right or any moral right of any party
including, but not limited to XtremeScan;
4.to harm minors in any way, including,
but not limited to, content that violates child pornography laws,
child sexual exploitation laws and laws prohibiting the depiction of
minors engaged in sexual conduct;
5.to forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Service;
6.to attempt to access by any method
another user’s account without permission
7.to post, email or otherwise transmit
any material which is likely to cause harm to XtremeScan or anyone
else's computer systems, including but not limited to that which
contains any virus, code, worm, data or other files or programs
designed to damage or allow unauthorized access to the Service which
may cause any defect, error, malfunction or corruption to the
Service;
8.to transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation;
9.to impersonate any person or entity,
or otherwise to misrepresent your affiliation with a person or
entity; or
10.to collect, intercept or harvest
screen names, to collect, intercept or store personal data about
other users of the Service or to solicit or attempt to discover a
user's password, screen name or other registration information
without the user's express knowledge and consent.
You further agree that you shall
not:
1.interfere with or disrupt (or attempt
to interfere with or disrupt) this Service or servers or networks
connected to this Service, or to disobey any requirements,
procedures, policies or regulations of networks connected to this
Service; or
2.provide any information to XtremeScan
that is false or misleading, that attempts to hide your identity or
that you do not have the right to disclose; or
3.resell the Service or any portion of
the Service.
Indemnification
You understand and agree that you are
personally responsible for your behavior in connection with the
Service. You agree to indemnify, defend and hold harmless XtremeScan
and our subsidiaries, affiliated companies, joint venturers, business
partners, licensors, employees, agents, and any third-party
information providers to the Service from and against all claims,
losses, expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages),
and reasonable attorney fees, resulting from or arising out of (i)
images or other content you submit for Processing, (ii) use or misuse
of the Service by you or any other person who accesses the Service
using your account, (iii) any violation of these Terms of Service, or
(iv) any violation of any rights of a third party.
General
These Terms constitute the entire
agreement between XtremeScan and you with respect to your use of the
Service. XtremeScan's failure to enforce any right or provision in
these Terms shall not constitute a waiver of such right or provision.
If a court should find that one or more rights or provisions
contained in these Terms is invalid, you agree that the remainder of
the Terms shall be enforceable.
Comments
If you have any comments or questions
about the Service please contact us through our web site or by
telephone or mail. Please note that telephone calls made by you to
XtremeScan may be randomly recorded and monitored for training and
quality assurance.
Section Two: Additional
Provisions Applicable to Registered Users and Customers
In addition to the provisions of
Section One of these Terms, the following provisions shall apply to
registered users and customers of the Service.
Registration
To purchase from or register as a user
of the Service you must be 18 years or over.
You agree that the information that you
provide to us on registration and at all other times will be true,
accurate, current and complete. You also agree that you will ensure
that this information is kept accurate and up to date at all times.
This is especially important with respect to your email address,
since that is the primary way in which we will communicate with you
about your account and your orders.
Password
When you register as a member you will
be asked to provide a password. As you will be responsible for all
activities that occur under your password, you should keep your
password confidential. You must notify XtremeScan immediately of any
unauthorized use of your password or if you believe that your
password is no longer confidential. We reserve the right to require
you to alter your password if we believe that your password is no
longer secure.
Storage Policy
XtremeScan provides free online storage
of images to its members for an initial period of 3 months from the
date your images were scanned and uploaded to your account. To
maintain free storage, you need to make a purchase from XtremeScan at
least once every 3 months (the 3 month period will restart with each
purchase). If you do not purchase any product or service from us for
a period of 3 months, we may delete the images stored in your
account. In addition, if your account becomes inactive for a period
of 12 months, XtremeScan may, at its discretion, terminate access to
the account altogether (including deletion of any account information
held by XtremeScan). We may change this policy at any time, upon
reasonable notice to you.
Scanned images can be viewed on our web
site as a convenience while your order is being processed. These
images are not the original scanned images which you will receive by
mail on the media you selected during the check-out process. These
images are resized for easy viewing on our web site and will contain
an XtremeScan logo or watermark. You are free to copy and retransmit
these images as long as i) you are the rightful owner of the original
raw images (film) and ii) you keep the watermark or logo intact. Any
image that we mailed to you as part of your order will not contain
any visible logo or watermark in the image.
Formation of a Binding Contract
No contract will exist between you and
XtremeScan for the supply of any services or products unless and
until XtremeScan accepts your order by a confirmatory e-mail message
or other appropriate means of communication.
Pricing and Product Information
All prices are stated in U.S. dollars
and are valid until changed by us. Prices do not include delivery
charges or any import duties that may be added by the order
destination country. Postage will be added to your order during the
checkout process. XtremeScan makes every effort to provide current
and accurate information about products, services and prices but we
do not guarantee the accuracy of such information. Information about
products is subject to change without notice. Prices are subject to
change prior to our acceptance of your order. In the event that you
order products and the price published on the Service was incorrect,
XtremeScan will contact you to let you know the correct price and ask
you whether you still wish XtremeScan to fulfill your order at the
correct price. Any dates specified for delivery of any products are
intended to be an estimate only.
Right to Return
You may return certain items which you
have ordered from us within 30 days of receipt. Please read carefully
XtremeScan's Return Policy which forms part of these Terms.
Image Rights and Sharing
XtremeScan does not claim ownership
rights in any image contained in your account. In order to enable us
to display your images through the Service and fulfill any orders for
you or others who have access to your images, you grant to XtremeScan
a non-exclusive, royalty-free license to use, copy, distribute, and
display those images.
The Service automatically populates a
personal MyPics gallery for your account and allows you to publicly
share these images with others. Please note that when you share
images, it will be accessible by anyone having access to the
Internet.
Responsibility for Your Images
You are responsible for all of the
images you submit for scanning, share or copy using the Service. You
must either own all right, title and interest in and to the
copyrights in the images or have express permission from the
copyright owner to copy and use such images for all purposes related
to the Service, and the images may not violate or infringe upon the
rights (including other intellectual property rights, privacy, moral
or publicity rights) of others. Professional images that are provided
to you by professional photographers or made available through
websites, magazines, books or other resources, are protected by
copyright and should not be submitted for scanning, shared or copied
using the Service.
Monitoring of Content
XtremeScan does not control the content
of members' accounts and does not have any obligation to monitor such
content for any purpose. You acknowledge that you are solely
responsible for all content and material you provide to the Service.
Suspension and Termination of Access
and Membership
You agree that XtremeScan may at any
time without notice:
1.refuse to accept your application to
become a registered user;
2.move, change, or suspend any part of
the Service; or
3.refuse to fulfill any order, or any
part of any order or terminate your account and delete any content
stored in your account if, in XtremeScan's sole discretion, you fail
to comply with any of these Terms or if a competent regulatory
authority requires us to do so.
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Privacy Statement
We at XtremeScan have a firm commitment
to safeguarding the privacy of our customers. This page will inform
you about the information gathering and dissemination practices for
XtremeScan and all of our services, including our web based services
at www.XtremeScan.com. Other sites maintained by XtremeScan are
governed by a separate privacy statement. If you have questions or
concerns regarding this statement, you should contact us directly.
Our postal address is:
373 South Willow Street
PMB 307
Manchester, NH, 03109
We can be reached via our online
contact form.
For each visitor to our Web page, our
Web server automatically recognizes the consumer's domain name and
e-mail address (where possible).
We collect the domain name and e-mail
address (where possible) of visitors to our Web page, the e-mail
addresses of those who post messages to our bulletin board, the
e-mail addresses of those who communicate with us via e-mail, the
e-mail addresses of those who make postings to our chat areas,
aggregate information on what pages consumers access or visit,
user-specific information on what pages consumers access or visit,
information volunteered by the consumer, such as survey information
and/or site registrations, name and address, telephone number, fax
number, payment information (e.g., credit card number and billing
address).
The information we collect is used to
improve the content of our Web page, used to customize the content
and/or layout of our page for each individual visitor, used to notify
consumers about updates to our Web site, used by us to contact
consumers for marketing purposes and .
With respect to cookies: We use cookies
to store visitors preferences, record session information, such as
items that consumers add to their shopping cart, record user-specific
information on what pages users access or visit, alert visitors to
new areas that we think might be of interest to them when they return
to our site, record past activity at a site in order to provide
better service when visitors return to our site , ensure that
visitors are not repeatedly sent the same banner ads, customize Web
page content based on visitors' browser type or other information
that the visitor sends.
If you do not want to receive e-mail
from us in the future, please let us know by sending us e-mail at the
above address, calling us at the above telephone number, writing to
us at the above address, visiting us at www.xtremescan.com.
From time to time, we make the e-mail
addresses of those who access our site available to other reputable
organizations whose products or services we think you might find
interesting. If you do not want us to share your e-mail address with
other companies or organizations, please let us know by calling us at
the number provided above, e-mailing us at the above address, writing
to us at the above address, visiting us at www.xtremescan.com.
From time to time, we make our customer
e-mail list available to other reputable organizations whose products
or services we think you might find interesting. If you do not want
us to share your e-mail address with other companies or
organizations, please let us know by calling us at the number
provided above, e-mailing us at the above address, writing to us at
the above address, visiting us at www.xtremescan.com.
If you supply us with your postal
address on-line you may receive periodic mailings from us with
information on new products and services or upcoming events. If you
do not wish to receive such mailings, please let us know by calling
us at the number provided above, e-mailing us at the above address,
writing to us at the above address, visiting us at
www.xtremescan.com.
Please provide us with your exact name
and address. We will be sure your name is removed from the list we
share with other organizations Persons who supply us with their
telephone numbers on-line will only receive telephone contact from us
with information regarding orders they have placed on-line.
Please provide us with your name and
phone number. We will be sure your name is removed from the list we
share with other organizations With respect to Ad Servers: We do not
partner with or have special relationships with any ad server
companies. From time to time, we may use customer information for
new, unanticipated uses not previously disclosed in our privacy
notice. If our information practices change at some time in the
future we will post the policy changes to our Web site to notify you
of these changes and provide you with the ability to opt out of these
new uses. If you are concerned about how your information is used,
you should check back at our Web site periodically.
Customers may prevent their information
from being used for purposes other than those for which it was
originally collected by e-mailing us at the above address, calling us
at the above telephone number, writing to us at the above address,
visiting us at www.xtremescan.com.
Upon request we provide site visitors
with access to financial information (e.g. credit card account
information) that we maintain about them, transaction information
(e.g. dates on which customers made purchases, amounts and types of
purchases) that we maintain about them, contact information (e.g.,
name, address, phone number) that we maintain about them , a
description of information that we maintain about them.
Consumers can access this information
by e-mail us at the above address, write to us at the above address,
writing to us at the above address.
Upon request we offer visitors the
ability to have inaccuracies corrected in contact information,
financial information, transaction information.
Consumers can have this information
corrected by sending us e-mail at the above address, calling us at
the above telephone number, writing to us at the above address.
With respect to security: When we
transfer and receive certain types of sensitive information such as
financial information, we redirect visitors to a secure server. We
have appropriate security measures in place in our physical
facilities to protect against the loss, misuse or alteration of
information that we have collected from you at our site. We store
all financial information collected through our web site in encrypted
format.
If you feel that this site is not
following its stated information policy, you may contact us at the
above addresses.
Last Revised March 29, 2007.
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