Terms and Conditions

Welcome to SCANCAFE, Inc. (“SCANCAFE” or “ScanCafé”). SCANCAFE provides you (“You” or “Member”) with a flexible, efficient and easy way to digitize existing photographic products (including photographic prints, albums of photographic prints, slides, film and negatives).

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 each of the terms set forth below. Your use of the Service is entirely conditioned on and subject to your compliance with the Terms. SCANCAFE may make changes to the Service offered at this Site at any time without notice, and SCANCAFE reserves the right to change the Terms at any time without notice by posting updated terms on the Site. 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 questions about the Terms, please contact us 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 written authorization from SCANCAFE first.

6. CONTENT AND MEMBER CONDUCT

You acknowledge and agree that all photographic prints, albums of photographic prints, slides, film, negatives and resulting digital images (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 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, 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 have the following types of Content produced on your behalf (“Prohibited Content”):

a.  Content that is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b.  Content that could give rise to any civil or criminal liability under applicable law.

c.  Content that could infringe rights of privacy, publicity or copyright without the express permission of the owner of these rights.

d.  Content that advocates illegal activity.

e.  Content that harms minors in any way.

This list of Prohibited Content is an example and is not complete or exclusive.  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 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 the URL: 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 due to any or all of the following circumstances: 1) the actual number of scans performed is greater than the number entered on the order form, 2) the type and/or size of images submitted for scanning differ from the type entered on the order form, and/or; 3) the actual shipping/delivery charges are higher than estimated at the time of your order, 4) images which have been restored or reconstructed. 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 Certificates will be paid in full at time of purchase; pricing for Gift Certificates will include taxes and any applicable shipping charges.  Please see paragraph 18 for additional info on Gift Certificates.

When you place an order, SCANCAFE will not bill you for the scans until you have reviewed them and selected the scans that you want to discard. You must purchase a minimum of 50% 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 originals. You are responsible for paying any taxes that may apply.  You will have 45 days from time of receipt of notification that your scans are ready to review 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 images and the associated DVD/CDs to your account 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 turn around time quoted on the website will be met.  SCANCAFE will act in good faith to maintain a reasonable turn around time and will make every effort to meet the turnaround time stated on the website.

9. SHIPPING

SCANCAFE is not liable for the Content or any other materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. You agree to be liable for any Content or any other materials, should they be misdirected, lost, stolen, or damaged while in transit through the United States Postal Service, United Parcel Service, Federal Express or any other carrier used for transport. When we return your Content, we will use only shipping methods that are reliable and traceable. 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 images, no insurance is available for shipping and handling of your order, and SCANCAFE offers no warranty or guarantee against damage or loss.

10. EMBEDDED INFORMATION

Certain information concerning Content being optically scanned by the Service is digitally embedded by SCANCAFE into the resulting image files utilizing the Extensible Markup Platform (XMP) 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 of the scan. 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 independent of the Service. You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every scan performed by the Service and that you have been informed that distributing your images 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 either intentionally or unintentionally.

11. GENERAL USE RESTRICTIONS

SCANCAFE provides products, content and services through the Site, including content, trademarks, logos, graphics and images that are not Content (together, 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 any printed 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 (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 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 e-mail 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 e-mail notification, SCANCAFE will delete your account, the scans 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 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.  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 CERTIFICATES

• Gift certificates are not redeemable for cash and cannot be returned for a cash refund.
• Gift certificates, once entered, will be automatically applied to that order(s).
• If an order exceeds the amount of the gift certificate, the balance of the order must be paid with a credit card.  Orders must be at a minimum the amount of the gift certificate.
• Gift certificate cash value is one-tenth of one US cent.
• We are not responsible for lost or stolen gift certificates.

Gift certificates are valid only at ScanCafe.com for ScanCafe scanning services (to include extra disc sets and USB hard drives). In order to redeem the gift certificate, 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 certificate.

Gift certificates and their use are subject to ScanCafe’s general Terms & Conditions. ScanCafe reserves the right to change these terms and conditions from time to time at its discretion.

SCANCAFE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. 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 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.

22. LIMITATION OF LIABILITY

EXCEPT FOR THE LIMITED REMEDY FOR LOSS OF ORIGINAL CONTENT PROVIDED ABOVE, 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 of America and the Materials may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America , you are responsible for following applicable local laws, rules and regulations.

The Terms of Use, your access and use of the Site and the Service and the relationship between you and SCANCAFE is 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 the 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 the Terms at any time without notice to you. This agreement 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 the 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. The Terms may be modified only by SCANCAFE by posting changes to the Terms on the Site.  The 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 the Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms shall control.