T & C

TERMS & CONDITIONS (T&C):

IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) THE CLIENT INDICATES THEIR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF THE PROSPECTIVE CLIENT DOES NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, THE PROSPECTIVE CLIENT MUST NOT USE THE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE CLIENT’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Limitation of Liability:

SpeedScan strives to provide the highest quality service for every order.  However, the service is provided “as is” with no warranties whatsoever. All express, implied, and statutory warranties, including the warranties of merchantability and fitness for a particular purpose, is expressly disclaimed. To the maximum permitted under law, under no circumstances whatsoever will SpeedScan and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any direct (lost, damaged or misplaced), compensatory, indirect (lost, damaged or misplaced), incidental, or consequential damages, including, but not limited to, any lost profits and/or lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data (or corruption of data), or other intangible losses, special, exemplary, or punitive damages.  SpeedScan assumes no responsibility for any loss and/or damage to client’s materials while it is transported by the mail, courier or transport companies.  This means the risk of loss and title for such items pass to the client upon SpeedScan delivering to a selected carrier/ courier. Due to the nature of the content, no insurance is available for the shipping or the handling of the client’s order, and SpeedScan offers no warranty or guarantee against damage, loss, delay while the client’s order is in transit through or in possession of any third party or carrier/ courier. There is no refund for services and the client understands and agree that SpeedScan cannot guarantee the quality of the processing or individual quality control of the client’s files due to high service demands.

Copyright Indemnification Agreement:

The acceptance by SpeedScan, subsidiary and/or agents of the client’s submitted content is considered to be intellectual property (as defined below), including any film, print, slide, negative, document, scanning or digital media and original photos for restoration, is without other warranty or liability, and recovery by anyone for any incidental or consequential damages is excluded irrespective of whether the damage occurs because of our negligence, breach of contract, strict liability or other cause.

“Intellectual Property” means authorship of work which would qualify to have a copyright, trademark, patent, or industrial design applied to it whether or not it is registered”

The client acknowledges and agrees that all intellectual property submitted by the client to SpeedScan and/or created for the client by SpeedScan are the client’s sole responsibility.  Clients are prohibited from providing SpeedScan with any intellectual property without obtaining written permission from the creator/owner. By submitting intellectual property to SpeedScan, the client represents and warrant to SpeedScan that the client either owns the intellectual property or has the expressed written permission from the intellectual property owner to make such intellectual property available to SpeedScan to perform the service and its obligations under these terms.  If expressed permission from the creator/owner of the intellectual property (as determined by the client) is required, the client agrees to provide a copy of the written permission at the time the order is submitted to SpeedScan.

By submitting any order to SpeedScan, the client agrees to indemnify and hold SpeedScan and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including all attorneys’ fees and costs of defense) SpeedScan or any other indemnified party suffers in relation to or arising from a breach of the client’s representations and warranties.

Embedded Information:

Certain services offered by SpeedScan involves the supplied content from the client to be digitally processed.  These types of services include the digital embedment of information utilizing the Extensible Markup Platform standard and EXIF/IPTC standards (“Embedded Information”). This Embedded Information may include, but is not limited to, SpeedScan’s contact information, a unique order number, a unique user number, information or descriptive “tags”, and the operator and the time and date which the service was provided. This Embedded Information is necessary for SpeedScan to effectively perform the production and distribution processes of the service. Because of its nature, this Embedded Information can also be used to identify the source and history of an image, video, or document independent of the service. The client hereby acknowledges that they have been informed that this Embedded Information may (but does not necessarily) exist in every digitally processed service performed by the SpeedScan and that the client has been informed that distributing the processed content would result in the distribution of this Embedded Information. The client hereby agrees to take full responsibility for the distribution of this Embedded Information should the client distribute the processed content either intentionally or unintentionally.

Security and Privacy of Contents:

Privacy is important to us. To better protect client’s privacy, SpeedScan provides this notice to explain our information practices. Personal information collected by SpeedScan will be used primarily to communicate and provide superior service to the client.  SpeedScan will not collect, use, or disclose the client’s information-except as required to complete the requested service, as necessary or when required or permitted by law.  SpeedScan will not sell, rent, or give out client’s personal information.

To prevent misuse of content submitted to SpeedScan and to protect the client’s privacy, SpeedScan has put in place extensive safeguards including physical, electronic, and managerial processes and procedures. Access to the client’s submitted content and completed order is strictly controlled both physically and electronically. SpeedScan reserves the right to terminate any contract when the submitted content is determined by SpeedScan to contain prohibited content under federal law.  SpeedScan may report to law enforcement authorities any actions that may be illegal, when legally required, or at SpeedScan’s sole discretion.  SpeedScan will cooperate with law enforcement agencies in criminal investigations.

Agreement Terms:

If any part of these terms of use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms and conditions will continue in effect.

No Waiver of Rights:

These terms and conditions between SpeedScan and the client supersede all other communications, written or oral.  The failure of SpeedScan to notify or inform the client of any of the terms and conditions will not be deemed a waiver of the above terms and conditions.