Terms & Conditions
Welcome to PhotoSentials LLC.
BEFORE YOU SET UP AN ACCOUNT BY COMPLETING THE “CREATE ACCOUNT” FORM (THE “FORM”) ON THE PHOTOSENTIALS WEBSITE LOCATED AT WWW.PHOTOSENTIALS.COM (THE “SITE”) TO BECOME A MEMBER OF PhotoSentials AND BEFORE YOU USE THE SITE AND ITS SERVICES (TOGETHER, THE “SERVICE”), IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PhotoSentials AND GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE. IF YOU AGREE TO THE TERMS AND WISH TO USE THE SERVICE YOU MUST CHECK THE BOX TITLED "I AGREE" ON THE FORM DURING THE ACCOUNT CREATION or CHECKOUT PROCESS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT CLICK “I AGREE” AND DO NOT OTHERWISE USE THIS SITE. IF YOU CLICK “I AGREE” OR IF YOU USE THIS SITE AND/OR THE SERVICE ON THIS SITE THAT WILL INDICATE YOUR AGREEMENT TO ABIDE BY THE TERMS. YOUR USE OF THE SERVICE IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THE TERMS. PhotoSentials RESERVES THE RIGHT TO AMEND THE TERMS AT ANY TIME AND FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO CHANGE OR TERMINATE ANY SERVICE AND THE RIGHT TO CHANGE THE PRICES OF ANY SERVICE OR PRODUCT. ANY AMENDMENT OR MODIFICATIONS MADE BY PhotoSentials WILL BE PROSPECTIVE ONLY. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK BACK AND REVIEW THE TERMS POSTED ON THE SITE PERIODICALLY SO THAT YOU CAN STAY UP TO DATE WITH ANY CHANGES.
Note that any violation of these Terms may result in termination of the Service to you. If you have any questions about these Terms, please contact our Customer Service Department at ps@PhotoSentials.com.
1. AGE REQUIREMENTS
To purchase from or become a member of the Service, you must be 18 years or over.
2. COST OF MEMBERSHIP
There is no cost to become a member of the Service.
3. MEMBERSHIP INFORMATION
You agree to provide PhotoSentials with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
When you register as a Member of the Service, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your password and account, and agree to notify PhotoSentials immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. You will be responsible for all activities that occur under your password and account. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
5. NO RESALE
The Service provided by PhotoSentials is for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell or exploit any part of the Service, use of the Service, or access the Service for any commercial purposes unless you receive PhotoSentials prior written authorization.
6. CONTENT AND MEMBER CONDUCT
You acknowledge and agree that all photographic and video material, and resulting digital images or video, (collectively “Content”) submitted by you to the Service and/or created for you by the Service are your sole responsibility.
By submitting Content to PhotoSentials, you represent and warrant to PhotoSentials that you either own the Content or have the written permission from the copyright owner to make such Content available to PhotoSentials to perform the Service and its obligations under these Terms.
You agree to indemnify, and hold PhotoSentials 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) PhotoSentials or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
PhotoSentials does not control the Content of Members’ accounts and does not have any obligation to monitor such Content for any purpose. You acknowledge that although PhotoSentials is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, PhotoSentials has the absolute right (but not the obligation), in its sole discretion to refuse to process, return, delete, remove, and edit Content for any reason at any time without notice.
You agree not to use, or attempt to use, the Service to process or produce Prohibited Content. Generally, “Prohibited Content” includes Content or other material that PhotoSentials believes:
a. Is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Contains nudity. PhotoSentials will not accept or process any Content with any nudity, including images that PhotoSentials, in its sole judgment, deems to be erotic in nature. PhotoSentials understand that nudes are a longstanding photographic tradition, however, this policy is necessary for our business.
c. Could give rise to any civil or criminal liability;
d. Could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express written permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
e. Advocates illegal activity.
f. Harms anyone, including, but not limited to, minors in any way.
g. Promotes bigotry, racism, hatred or harm against any individual or group.
h. Provides a link to any of the above.
The above list of Prohibited Content is merely an example and is not intended to be complete or exclusive. PhotoSentials has the sole discretion to determine whether Content is Prohibited Content. PhotoSentials reserves the right to terminate your access to your account or the Service with or without cause and with or without notice, or for any action that PhotoSentials determines is or may be disruptive to the Site or the Service. PhotoSentials may report to law enforcement authorities any actions that may be illegal. When legally required, or at PhotoSentials sole discretion, PhotoSentials will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.
8. PRICING, PAYMENTS AND ELECTRONIC COMMUNICATIONS
You agree to pay in full, the price quoted for your order and any additional amounts incurred, for reasons including, but not limited to, if the Content type and/or size is different than initially estimated on the order form or if the actual shipping/delivery charges are higher than estimated at the time of your order. If the work performed and/or shipping is lower than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred. If you’ve selected the monthly payment option, you agree to pay the quoted monthly payment amount for the full duration of monthly payments until the balance on the account is paid in full. PhotoSentials has the right to work with collection agencies in the attempts to collect a debt and or recover the balance due on the account if payments are missed. You give PhotoSentials permission to call, email, text, and send US Post communications if payments are late or missed.
When selecting the Pay Per Scan Option, you must purchase a minimum of 80% of the scanned images in your order. The shipping and handling costs to ship your originals back to you will be included in the incove sent when scanning is complete.All payments shall be made by credit card in advance prior to shipping the original Content back. You are responsible for paying any taxes that may apply. You will have 45 days from time of receipt of notification that your order is ready to complete the checkout process. If you do not complete the checkout process in that timeframe, PhotoSentials reserves the right to charge your credit card for the full amount of the Service and will return your original Content and the associated hard drive, DVD or CDs to your address of record. Prior to any automatic charges, PhotoSentials will notify you of the impending action in order to give you the chance to complete your order. If you do not pay on time or if PhotoSentials cannot charge your credit card or other payment account for any reason, PhotoSentials reserves the right to either suspend or terminate your access to your account and terminate these Terms.
By using the Service, you consent to receiving electronic communications from PhotoSentials. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with PhotoSentials and you receive them as part of your subscription to the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. PhotoSentials offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met.
PhotoSentials will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.
PhotoSentials IS NOT LIABLE FOR THE CONTENT, OR ANY OTHER MATERIALS, WHILE IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER, INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE, UNITED PARCEL SERVICE OR FEDERAL EXPRESS. YOU AGREE TO ACCEPT COMPLETE LIABILITY FOR ANY CONTENT, OR ANY OTHER MATERIALS, SHOULD THEY BE MISDIRECTED, LOST, STOLEN, OR DAMAGED WHILE IN THE POSSESSION OF, IN TRANSIT THROUGH OR OTHERWISE UNDER THE CONTROL OF ANY THIRD PARTY CARRIER. ALL ITEMS PURCHASED THROUGH PhotoSentials OR THE SERVICE ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO YOUR SELECTED CARRIER. DUE TO THE NATURE OF THE CONTENT, NO INSURANCE IS AVAILABLE FOR THE SHIPPING OR THE HANDLING OF YOUR ORDER, AND PhotoSentials OFFERS NO WARRANTY OR GUARANTEE AGAINST DAMAGE OR LOSS WHILE YOUR ORDER IS IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER.
10. EMBEDDED INFORMATION
Certain information concerning the Content being optically scanned by the Service is digitally embedded by PhotoSentials into the resulting image files utilizing the Extensible Markup Platform standard and EXIF/IPTC standards (“Embedded Information”). This Embedded Information may include, but is not limited to, PhotoSentials contact information, a unique order number, a unique Member number, information or descriptive “tags” and the operator and the time and date which the Service was provided. This Embedded Information is necessary for PhotoSentials 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 or video independent of the Service. You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every photo or video scan performed by the Service and that you have been informed that distributing your images or video would result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images or video either intentionally or unintentionally.
11. GENERAL USE RESTRICTIONS
PhotoSentials provides products, content and services through the Site, including content, trademarks, logos, graphics, music, software and images that are not Content (collectively, the “Materials”) that are the copyrighted work of PhotoSentials or PhotoSentials licensors.
Except as expressly provided herein, PhotoSentials grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Service and the Site solely for your personal use. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy all Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
12. THIRD PARTY CONTENT
PhotoSentials may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Any information or content provided by such third parties is, in each case, the copyrighted work of the creator/licensor. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. PhotoSentials DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LINKS TO THIRD PARTY SITES
While our Site may have links to the websites of other third parties (“Third Party Sites”), PhotoSentials has no control over those Third Party Sites. PhotoSentials is not responsible, or liable, for any content, advertising, products, services or other materials on or available from those Third Party Sites. PhotoSentials is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those Third Party Sites.
You may terminate your membership at any time by contacting our Customer Service Department at ps@PhotoSentials.com. If you have a dispute with us relating to the Service, you may cancel your membership or cease use of the Service. The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you have purchased a Service from us, any such termination or cancellation is subject to any service performed.
You agree that PhotoSentials, in its sole discretion, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, video or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that PhotoSentials shall not be liable to you or any third-party for any termination of your access to the Service.
15. DELETION OF INACTIVE ACCOUNTS
PhotoSentials reserves the right to delete your account if it has been inactive for more than one (1) year. PhotoSentials will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after PhotoSentials sends you the email notification, PhotoSentials will delete your account, the Content contained in your account, and any personally identifiable information related to your account. This process will also delete any personally identifiable
The trademarks, logos and service marks displayed on the Site are the property of PhotoSentials or its licensors.
17. COPYRIGHT NOTICE
Unless otherwise specified, all information and screens appearing on this Site including all Materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of PhotoSentials, Copyright © 2018 PhotoSentials LLC. Moreover, all Materials contained in or on any product or Service delivered to you, including, but not limited to all software, graphics, images and music contained in or on any CD, DVD or hard drive, are the sole property of PhotoSentials. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
18. GIFT CARDS
Except as provided by applicable law, gift cards are not redeemable for cash and cannot be returned for a cash refund. Gift cards, once entered, will be automatically applied to that order(s). If an order exceeds the amount of the gift cards, the balance of the order must be paid with a credit card. PhotoSentials is not responsible for lost or stolen gift cards. Gift cards are valid only at the Site and only for PhotoSentials photo and video scanning services and related items including, but not limited to, extra CDs, DVDs or hard drives. Gift cards may not be used for the purchase of any other items or costs including, but not limited to shipping costs and taxes. Gift cards which were purchased in connection with any PhotoSentials promotion may not be used in connection with any other promotion. In order to redeem the gift cards, gift card recipients must sign up for a PhotoSentials account, if they do not already have one, and must sign into their PhotoSentials account to use their gift card. For questions regarding the purchase or redemption of a gift card please contact our Customer Service Department at ps@PhotoSentials.com.
Gift cards, and their use, are subject to these Terms.
PhotoSentials MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD FOR THE SAME VALUE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To the extent you provide PhotoSentials with any suggestions, information, ideas, or feedback concerning the Service through the Site, including, but not limited to, a description of any errors which you have discovered while using the Service (“Feedback”), such Feedback will be the sole and exclusive property of PhotoSentials. You agree to assign, and hereby do assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to PhotoSentials and agree to assist PhotoSentials in perfecting and enforcing such rights. PhotoSentials may publish any Feedback to assist us in responding to your support requests or to support other Members using the Service.
20. DISCLAIMER OF WARRANTIES
THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PhotoSentials, AND ITS LICENSORS, DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND PhotoSentials MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. PhotoSentials DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
21. LIMITED REMEDY FOR LOSS OF YOUR ENTIRE ORDER
PhotoSentials ONLY ASSUMES THE RISK OF LOSS OF YOUR ENTIRE ORDER FROM THE TIME THAT PhotoSentials ACTUALLY RECEIVES YOUR ENTIRE ORDER UNTIL THE TIME THAT PhotoSentials DELIVERS YOUR ORDER TO A THIRD PARTY CARRIER FOR TRANSPORT. PROVIDED, HOWEVER, PhotoSentials DOES NOT ASSUME SUCH RISK OF LOSS FOR YOUR ENTIRE ORDER, IF, AFTER RECEIVING YOUR ORDER FROM ANY THIRD PARTY CARRIER, PhotoSentials DISCOVERS THAT ANY OR ALL OF THE CONTENTS OF YOUR ORDER IS DAMAGED OR LOST. IF PhotoSentials LOSES YOUR ENTIRE ORDER DURING THE LIMITED PERIOD THAT YOUR ORDER IS UNDER PhotoSentials SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND COMPLETE REMEDY FOR ANY SUCH LOSS IS PhotoSentials PAYMENT TO YOU IN THE AMOUNT OF UP TO FIVE HUNDRED DOLLARS ($500). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SAFE HANDLING GUARANTEE IS A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ENTIRE ORDER AND IS NOT A PENALTY. YOU BEAR ALL RESPONSIBILITY OF LOSS OR DAMAGE OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS NOT UNDER PhotoSentials SOLE CUSTODY AND CONTROL. NOTWITHSTANDING THE FOREGOING, THE SAFE HANDLING GUARANTEE, ALONG WITH ANY OTHER QUOTED GUARANTEES OR WARRANTIES, ONLY APPLIES IF PhotoSentials
22. LIMITATION OF LIABILITY
EXCEPT FOR THE SAFE HANDLING GUARANTEE PROVIDED FOR IN SECTION 21 OF THESE TERMS, YOUR USE OF THE SITE AND/OR THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. PhotoSentials AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE, EVEN IF PhotoSentials HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
23. LOCAL LAWS
PhotoSentials controls and operates this Site from its headquarters in the United States and the Materials may not be appropriate or available for use in other locations. If you use this Site from outside the United States, you are responsible for following applicable local laws, rules and regulations.
24. PHOTO RESTORATION SERVICES
a. Your Uploads. You may electronically upload photographic images as part of your use of the Service ("Uploads"). Under these Terms, you agree that you will NOT submit, either physically or electronically, any of the following material to PhotoSentials:
1. Any Prohibited Content, as such term is defined in Section 6 of these Terms; or
2. Any material sent from an anonymous or false address.
While PhotoSentials is not responsible for, and does not comment on, the content of Uploads provided by PhotoSentials users, PhotoSentials reserves the right in its sole discretion to (i) delete, move or edit Uploads that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that PhotoSentials deems necessary relating to use or misuse of the Service. PhotoSentials may request confirmation of the copyright or trademark ownership from the submitter. If PhotoSentials does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Uploads, PhotoSentials reserves the right to (i) suspend the processing of an order relating to the Upload in question, and/or (ii) share the uploader's account information with governmental organizations, law enforcement authorities or other third parties. If you, as an uploader, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, PhotoSentials reserves the right to suspend the display, viewing or sharing of any Uploads until the issue has been resolved. You hereby grant to PhotoSentials a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Uploads for the sole purpose of delivering the Service to you. In addition, you warrant that all moral rights in any Uploads, and uploaded materials, have been waived and do hereby waive any such moral rights.
Your physical or electronic delivery of your images to PhotoSentials constitutes permission for PhotoSentials to perform image editing services on your images. PhotoSentials will not be liable for the content of any Upload and expressly disclaims all liability relating thereto.
b. Downloads. PhotoSentials is not responsible for lost, stolen or corrupt downloads made from the Site in connection with the restoration services described in Section 24 of these Terms.
c. Copyright Notice. PhotoSentials is committed to protecting photographers' copyrights and expects users of the Service to do the same. Each image uploader is required by law to own the right to, or to obtain permission to, use and alter any image before the image is delivered, physically or electronically, to PhotoSentials. At PhotoSentials sole discretion, and in appropriate circumstances, PhotoSentials may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact our Customer Service Department, at ps@PhotoSentials.com, and provide all relevant details.
25. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL PhotoSentials AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
26. Photo Boxes
a. Photo boxes are not redeemable for cash and cannot be returned for a cash refund.
b. PhotoSentials is only responsible for gift boxes while they are in PhotoSentials possession.
PhotoSentials will only process the material in the photo box that is packed according to the packing instructions contained in or on the gift box. Extraneous items that are not packed in accordance with the internal packaging will NOT be scanned and PhotoSentials has no commitment to do so. All original Content will be returned to the gift box recipient along with digital copies of the scanned images or video on a DVD.
PhotoSentials MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PHOTO BOXES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE FOREGOING, NO GUARANTEE, INCLUDING, BUT NOT LIMITED TO, THE SAFE HANDLING GUARANTEE, WILL APPLY IF THE GIFT BOX PACKING INSTRUCTIONS, WHICH ARE CLEARLY DEFINED ON THE INSIDE COVER OF THE GIFT BOX, ARE NOT FOLLOWED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
27. DEADLINE FOR IDENTIFICATION OF ISSUES
If you have any issues regarding your order, including, but not limited to, allegations of lost or damaged media, you agree that you will communicate any such issue(s) to PhotoSentials Customer Service Department within thirty (30) days of receiving the return delivery of your completed order. PhotoSentials DISCLAIMS ANY RESPONSIBILITY, AND YOU HEREBY AGREE TO ACCEPT FULL RESPONSIBILITY, FOR ANY ISSUES THAT ARE IDENTIFIED AND/OR COMMUNICATED TO PhotoSentials FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD. MOREOVER, PhotoSentials WAIVES ANY AND ALL WARRANTIES AND GUARANTEES ASSOCIATED WITH ANY SUCH ISSUES IDENTIFIED AND/OR COMMUNICATED TO PhotoSentials AFTER THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.
28. EXPRESS SERVICE
PhotoSentials offers an express scanning service (the “Expedited Processing”) whereby if you elect to purchase the Express Service, PhotoSentials will use its best efforts to have your completed scans available for your online review and digital download no more than eight (7) Business Days (as defined below) after we receive your order, containing your original Content, in our processing center in King of Prussia PA, (the “Express Guarantee”). “Business Days” mean Monday through Friday excluding federal, state and local holidays. The price for the Express Service (the “Express Fee”) is posted on the Scanning Pricing Detail page of the Site located at: http://www.PhotoSentials.com and is subject to change at PhotoSentials sole discretion.
The Express Service is only available for the following media types: (i) 35mm color negatives, (ii) 35mm slides (paper or plastic) and (iii) paper photos (up to 8” x 10”) (collectively, the “Standard Media”). If your order contains images which are not among the Standard Media type, PhotoSentials will process the Standard Media images and will contact you regarding the processing of the non-Standard Media, provided, however, the Express Guarantee will not apply to the non-Standard Media.
The Express Service is only available for orders of 7200 images or less. Upon receipt of your order, we will approximate the size of the order. If we determine that your order is over, we will contact you regarding the overage and will make every effort to process your entire order within the eight (7) day period. However, the Express Guarantee will not apply to any orders which contain more than 7200 images. If we determine that your order contains approximately 7201 images or more, your order will not qualify for the Express Service and we will contact you to discuss the handling of your order.
All Express Service shipping is subject to and governed by the Terms contained herein, including, but not limited to, the all applicable disclaimers of warranties, limitation on remedies for loss of original Content and limitation of liabilities contained herein.
PhotoSentials MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS EXPRESS SERVICE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT YOUR CONTENT IS NOT AVAILABLE FOR ONLINE REVIEW AND DIGITAL DOWNLOAD ON THE DATE INDICATED ON YOUR ORDER CONFIRMATION, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REFUND OF THE PRICE CHARGED TO YOU FOR THE EXPRESS SERVICE. ANY SUCH REFUND IS EXPRESSLY LIMITED TO THE PRICE OF THE EXPRESS SERVICE COMPONENT OF YOUR ORDER AND WILL NOT EXTEND TO ANY OTHER PART OF YOUR ORDER.