THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND TAPESCAN, LLC. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE TAPESCAN SERVICE.
Tapescan, LLC (“we”, “us”, or “our”) provide services (“Service”) to you (“you” or “your”) through our website located at Tapescan.com. By using the Service you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If we make any changes to the Terms of Service, we will change the “last updated” date above. You can review the most current version of the Terms of Service at any time at: http://www.Tapescan.com/terms.
If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity.
You understand and agree that the Service is provided “as is” and we expressly disclaim warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. We make no warranty or representation regarding the results that may be obtained from the use of the Service, the correctness of the data, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with you. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We reserve the right to modify the Service from time to time at any time, including adding or removing features. Without limiting the foregoing, the service is not designed or licensed for use in hazardous environments requiring fail-safe controls.
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR CONNECTED IN ANY WAY WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to you for any reason whatsoever, our responsibility shall be limited to the amounts actually paid by you for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.
All information that you post to the Service must comply with applicable copyright laws. We claim no intellectual property rights over the material you provide to the Service when such material is tagged with personally identifiable information. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personally identifiable information.
Except for the licenses granted by these Terms of Service, you have no right, title, or interest in or to the Service. You acknowledge and agree that we own all rights, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. Unauthorized use of the Service, or the resale of the Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Service in any format to any third party. In addition, you may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
By submitting an order to Tapescan, you declare that all materials provided for transfer, conversion, editing and / or duplication are not in violation of any copyright laws. You will indemnify and hold Tapescan, HD Media Services, Worldlink Technologies Group, Inc. and its related employees harmless in respect to any claims or demands by any third party that infringes upon any Copyright law. By submitting an order, you are making a declaration that you have permission from the copyright holder to transfer, duplicate, convert or edit the submitted video materials. Any video tapes not claimed after 30 days, may be destroyed, at the discretion of Tapescan.
You agree to indemnify, defend, and hold harmless, us and our respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
These Terms of Service shall be governed and construed in accordance with the laws of the State of Oregon, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national, and international laws. You agree that any disputes arising with us or our affiliates, subsidiaries, employees, contractors, officers, directors, or third party providers from or related to this contract shall be resolved by binding arbitration conducted in Portland, Oregon. You shall be responsible for initial payment of one-half of any arbitration fees, but upon final resolution the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
If you are in located outside the United States of America then by using the Service, you understand and consent to the processing of personal information in the United States.
Any notices or other communications permitted or required of us under these Terms of Service, including those regarding modifications to these Terms of Service, will be in writing and given to you: i) by us via e-mail (in each to the address that you provide) or ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
By registering with us, you understand that we may send you communications or data from us regarding the Service, including but not limited to i) notices about your use of the Service, including any notices concerning violations of use, ii) updates, and iii) promotional information and materials regarding our products and services, via e-mail. We give you the opportunity to opt-out of receiving e-mail from us by following the opt-out instructions provided in the message.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this agreement shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
If we fail to exercise or enforce any right or provision of these Terms of Service then it shall not constitute a waiver of such right or provision.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. We may assign or transfer these Terms of Service, at our sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any claim related to this contract or the Service must be brought within 30 days. The 30 day period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and you successors. It also applies to us and our successors and assigns.
You agree that Tapescan will not be responsible for late, lost, damaged or misdirected mail. Tapescan will not be held liable for any damages or loss of any kind to the original video tape provided by customer or any delays in completing your project. Our complete liability is limited to the replacement of such tape with a blank video tape of the same kind only (or the financial equivalent). Tapescan and or HD Media Services has the right cancel any order from any person or entity without reason, at any time.
Neither party shall be responsible for any failure to perform, or delay in performing any of its respective obligations under these Terms of Service, except for payment obligations, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.
These Terms of Service are the entire and exclusive understanding and agreement between you and us regarding the Service and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Service.
If you have any questions about these Terms of Service, please contact us at info@Tapescan.com.