Terms and Conditions - ScanCafe

Terms & Conditions

Welcome to ScanCafe Inc. (“ScanCafe”, “We” or “Our”).  ScanCafe provides you (“you”, “your” or “member”) with a flexible, efficient and easy way to digitize your photograph and video products.

Before you set up an account by completing the “create account” form (the “Form”) on the ScanCafe website located at www.scancafe.com (the “Site”) to become a Member of ScanCafe 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 ScanCafe 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 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.  SCANCAFE 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 scancafe 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 admin@scancafe.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 ScanCafe 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.

4.         PASSWORD

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 ScanCafe 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 ScanCafe 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 ScanCafe’s 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 ScanCafe, you represent and warrant to ScanCafe that you either own the Content or have the written permission from the copyright owner to make such Content available to ScanCafe to perform the Service and its obligations under these Terms.

You agree to indemnify, and hold ScanCafe 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) ScanCafe or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.

ScanCafe 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 ScanCafe is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, ScanCafe 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 ScanCafe believes:

a.         Is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b.         Contains nudity.  ScanCafe will not accept or process any Content with any nudity, including images that ScanCafe, in its sole judgment, deems to be erotic in nature.  ScanCafe 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.  ScanCafe has the sole discretion to determine whether Content is Prohibited Content.  ScanCafe 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 ScanCafe determines is or may be disruptive to the Site or the Service.  ScanCafe may report to law enforcement authorities any actions that may be illegal.  When legally required, or at ScanCafe’s sole discretion, ScanCafe will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.

7.         PRIVACY POLICY AND INFORMATION DISCLOSURE

ScanCafe believes strongly in protecting the privacy of Members using the Service.  ScanCafe has created a Privacy Policy to explain to Members how their personally identifiable information is collected and used, which is located at: http://www.scancafe.com/privacy.php (the “Privacy Policy”).  Your use of the Site and/or Service is governed by the Privacy Policy.  You further acknowledge and agree that ScanCafe may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of ScanCafe, its Members or the general public.

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.  Pricing for gift cards and gift boxes will be paid in full at the time of purchase. Please see Section 18 of these Terms for additional information on gift cards and Section 26 of these Terms for additional information on gift boxes.

When you place an order, ScanCafe will not bill you for the entire order until you have reviewed your order.  For photo scanning, you must purchase a minimum of 80% of the scanned images in your order.  The shipping and handling costs to ship your originals to ScanCafe is prepaid by you at the time of placing the order.  All payments shall be made by credit card in advance prior to shipping the original Content.  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, ScanCafe 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, ScanCafe 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 ScanCafe cannot charge your credit card or other payment account for any reason, ScanCafe 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 ScanCafe.  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 ScanCafe 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.  ScanCafe offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met.  ScanCafe 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.

9.         SHIPPING

ScanCafe 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 ScanCafe 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 ScanCafe 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 ScanCafe 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, ScanCafe 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 ScanCafe 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

ScanCafe 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 ScanCafe or ScanCafe’s licensors.

Except as expressly provided herein, ScanCafe 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

ScanCafe 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.  SCANCAFE 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”), ScanCafe has no control over those Third Party Sites.  ScanCafe is not responsible, or liable, for any content, advertising, products, services or other materials on or available from those Third Party Sites.  ScanCafe 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.

14.       TERMINATION

You may terminate your membership at any time by contacting our Customer Service Department at admin@scancafe.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 ScanCafe, 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 ScanCafe shall not be liable to you or any third-party for any termination of your access to the Service.

15.       DELETION OF INACTIVE ACCOUNTS

ScanCafe reserves the right to delete your account if it has been inactive for more than one (1) year.  ScanCafe 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 ScanCafe sends you the email notification, ScanCafe 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 information.

16.       TRADEMARKS

The trademarks, logos and service marks displayed on the Site are the property of ScanCafe 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 ScanCafe, Copyright © 2005 ScanCafe Inc.  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 ScanCafe.  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.  ScanCafe is not responsible for lost or stolen gift cards.  Gift cards are valid only at the Site and only for ScanCafe 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 ScanCafe 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 ScanCafe account, if they do not already have one, and must sign into their ScanCafe account to use their gift card.  For questions regarding the purchase or redemption of a gift card please contact our Customer Service Department at admin@scancafe.com.

Gift cards, and their use, are subject to these Terms.

SCANCAFE 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.

19.       FEEDBACK

To the extent you provide ScanCafe 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 ScanCafe.  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 ScanCafe and agree to assist ScanCafe in perfecting and enforcing such rights.  ScanCafe 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.  SCANCAFE, 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 SCANCAFE 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.  SCANCAFE 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

SCANCAFE only assumes the risk of loss of your ENTIRE ORDER from the time that SCANCAFE actually receives your ENTIRE ORDER until the time that SCANCAFE delivers YOUR ORDER to a third party carrier for transport.  Provided, however, scancafe does not assume such risk of loss for your ENTIRE ORDER, if, after receiving YOUR ORDER from any third party carrier, scancafe discovers that any or all of the contentS OF YOUR oRDER is damaged or lost.  If SCANCAFE loses Your ENTIRE ORDER during the limited period that YOUR ORDER is under SCANCAFE’s sole custody and control, you acknowledge and agree that your sole and complete remedy for any such loss is SCANCAFE’s payment to you in the amount of up to one thousand dollars ($1,000) (the “Safe handling guarantee”).  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 scancafe’s sole custody and control.  notwithstanding the foregoing, The safe handling guarantee, along with any other quoted guarantees or warranties, only applies if ScanCafe’s recommended packaging instructions are followed.  You can find packaging instructions at:  http://www.scancafe.com/how/packing-tips.

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.  SCANCAFE 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 SCANCAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

23.       LOCAL LAWS

ScanCafe is a global service company offering its services in multiple countries.  ScanCafe has processing centers located within the United States and outside the United States (India).  ScanCafe reserves the right to use any one of its processing centers for providing service to its customers.  ScanCafe reserves the right to change this service model at any time.

ScanCafe 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 ScanCafe:

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 ScanCafe is not responsible for, and does not comment on, the content of Uploads provided by ScanCafe users, ScanCafe 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 ScanCafe deems necessary relating to use or misuse of the Service.  ScanCafe may request confirmation of the copyright or trademark ownership from the submitter.  If ScanCafe does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Uploads, ScanCafe 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, ScanCafe reserves the right to suspend the display, viewing or sharing of any Uploads until the issue has been resolved.  You hereby grant to ScanCafe 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 ScanCafe constitutes permission for ScanCafe to perform image editing services on your images.  ScanCafe will not be liable for the content of any Upload and expressly disclaims all liability relating thereto.

b.         Downloads.  ScanCafe 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.  ScanCafe 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 ScanCafe.  At ScanCafe’s sole discretion, and in appropriate circumstances, ScanCafe 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 admin@scancafe.com, and provide all relevant details.

25.       NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE

IN NO EVENT SHALL SCANCAFE 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.       GIFT BOXES

a.         Gift boxes are not redeemable for cash and cannot be returned for a cash refund.

b.         ScanCafe is only responsible for gift boxes while they are in ScanCafe’s possession. 

ScanCafe will only process the material in the gift box that is packed according to the packing instructions contained in or on the gift box.  The packing instructions may also be found at:  http://www.scancafe.com/how/packing-tips.  Extraneous items that are not packed in accordance with the internal packaging will NOT be scanned and ScanCafe 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.  A gift box purchaser may purchase more than one gift box for more than one gift box recipient and can order multiple gift boxes for a single gift box recipient; however, each transaction will be entered individually.

Gift boxes are valid only at the Site and only for ScanCafe scanning services.  The purchase of the gift box is covered under these Terms.  The gift box recipient is covered by these Terms and is deemed to have consented to these Terms once the gift box is returned to ScanCafe for processing.  Both the gift box purchaser and gift box recipient are covered under the Privacy Policy.  Gift boxes, and their use, are subject to these Terms.

OTHER THAN SCANCAFE’s safe handling guarantee DESCRIBED IN section 21 of these terms, SCANCAFE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT 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 ScanCafe’s Customer Service Department within thirty (30) days of receiving the return delivery of your completed order.  SCANCAFE DISCLAIMS ANY RESPONSIBILITY, And you hereby agree to accept full responsibility, FOR ANY ISSUES THAT ARE IDENTIFIED AND/or COMMUNICATED to scancafe FOLLOWING THE EXPIRATION OF THIS THIRTY (30) dAY PERIOD.  mOREOVER, SCANCAFE WAIVES ANY AND ALL WARRANTIES AND GUARANTEES ASSOCIATED WITH ANY SUCH ISSUES IDENTIFIED AND/OR COMMUNICATED TO sCANCAFE AFTER THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.

28.       EXPRESS SERVICE

ScanCafe offers an express scanning service (the “Express Service”) whereby if you elect to purchase the Express Service, ScanCafe will use its best efforts to have your completed scans available for your online review and digital download no more than eight (8) Business Days (as defined below) after we receive your order, containing your original Content, in our processing center in Foster City, California (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.scancafe.com/pricing and is subject to change at ScanCafe’s 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, ScanCafe 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 400 images or less.  Upon receipt of your order, we will approximate the size of the order.  If we determine that your order contains approximately 400 to 600 images, we will contact you regarding the overage and will make every effort to process your entire order within the eight (8) day period.  However, the Express Guarantee will not apply to any orders which contain more than 400 images.  If we determine that your order contains approximately 600 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. 

The Express Fee will apply to every image scanned in any Express Service order (regardless of the size of the order).  You agree to pay in full the Express Fee quoted for your order and any additional amounts incurred, including, but not limited to, any of the following circumstances:  1) the actual number of scans performed is greater than the number entered on the order form or 2) the type and/or size of images submitted for scanning differ from the type entered on the order.

SCANCAFE 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.

29.       Promotions

In addition to these Terms, any promotion, contest, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") offered by ScanCafe may be governed by specific rules that are separate from these Terms.  By participating in any such Promotion, you will become subject to those rules.  We urge you to review any specific rules applicable to a particular Promotion and to review our Privacy Policy which, in addition to these Terms, will govern all Promotions. 

30.       GENERAL

These Terms, your access and use of the Site and the Service and the relationship between you and ScanCafe are governed by the laws of the State of California, without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in San Mateo County, California.  Notwithstanding the foregoing, ScanCafe shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in ScanCafe’s sole discretion.  Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Our relationship is not one of agency or partnership and neither you nor ScanCafe shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site and/or the Service.  You may not assign or transfer your rights to any third party.  ScanCafe may assign its rights and obligations under these Terms at any time without notice to you.  These Terms will inure to the benefit of ScanCafe’s successors and assigns.  If any of the provisions in these Terms are determined to be unenforceable or invalid, then such provisions are hereby waived or amended to the extent necessary to achieve the same economic effect for these Terms to be enforceable under the applicable law, and the rest of the agreement shall remain in full force and effect.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.  These Terms may be modified only by ScanCafe by posting changes to the Terms on the Site.  These Terms, and the documents incorporated by reference, constitute the entire understanding between you and ScanCafe regarding your access to and use of the Site and the Service, and they supersede any prior agreements, statements or representations with respect to the same.  In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms shall control.

Effective:  October 1, 2006.

Last revised:  May 5, 2011.

 

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