"We" and "Us" means DigitalImageServices.com (a service of Cooper-Clement Associates), its agents, and subcontractors2. Agreement to and Acceptance of Terms of Service.
"Service" and "Services" mean the digital restoration, compositing, colorization, scanning, and photograhic printing of images and the delivery thereof in electronic, digital, and/or physical formats.
"Content" means all the photos, words and other material displayed with the Services.
"Terms of Service" means all the terms, policies, conditions, provisions, and restrictions relating to the Services, Content, links, etc., specified herein.
1. Any purposes whatsoever which are unlawful, which might encourage conduct constituting a criminal offence, or which might constitute or give rise to the misleading or deception of any person;At our sole discretion, we may determine what may constitute a breach of the Terms of Service. We reserve the right to not provide or fulfill any or all Services to any party if to do so may be illegal; may violate the rights of any third party , may be a breach the Terms of Service; or may otherwise be reasonably objectionable to us. You confirm that we shall not be liable to you or to any third partyfor damages as the result of any such refusal to provide or other non-fulfillment or Services by reson of the above. You are also responsible for keeping back-up copies of any of Images that you provide to us.
2. Any purposes which are abusive, threatening, harmful, vulgar or obscene or which may constitute or encourage harassment or be otherwise objectionable.
3. Any use of material that contains any contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features.
4. Any spamming (unsolicited junk mail), chain letters or other use that may otherwise disrupt the Services or the networks through which you access and use the Services.
5. Use of any copyrighted material without the express permission of the copyright holder.
6. To gain or attempt to gain unauthorized access to any servers controlled by us, or decompile, reverse engineer or disassemble any software used in connection with this Website, which for the avoidance of doubt includes any hacking.
4. Use of third party Websites and/or
While we may provide links to third-party websites that might be of interest or use to you, we have no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of Services, and to contact the owner of that site with any concerns. We have no control over, and accept no responsibility or liability for any material on any such sites.
Your correspondence or participation in promotions, or business dealings with advertisers (including without limitation professional photographers) found on or through the Services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser, supplier, or other third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or links on or through the Services.
U.S. Copyright laws (Title 17, USC) prohibit the unauthorized reproduction or alteration of images and photographs by anyone other than the copyright owner or those authorized by the copyright owner. The copyright owner can be the person who created the original image, took the photograph, or has otherwise acquired and owns the rights to display and/or reproduce the image.You agree toonly ask us to restore, composite, colorize, scan, and/or print images and/or photographs for you in which you own the copyright, have been authorized to do so by the copyright owner, or are in the public domain. You agree not to infringe the rights in or to such images of any third party, and understand that we are unable to provide you with permission to restore, composite, colorize, scan, and/or print photos or images belonging to others. You are solely responsible for any copyright violations that you may incur as a result of your use of any Services, and agree to indemnify and hold us hamless for any such violations..
6. Acceptance of orders for Services
All orders using the Services are accepted subject to the Terms of Service stated herein. All payments made via PayPal (including credit and charge card orders) are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay in delivery or non-delivery. Payment will be debited from your PayPal account before your purchase is dispatched.
7. Delivery of Restorations &
We will endeavor to deliver your order within the time which may be stated for the Services. We will supply you the completed digital files of restored, composited, and/or colorized images for download electronically over the internet, and/or by electronic "mail" to the "email" address you supply, and/or physically on a CD-ROM sent via USPS or other commercial delivery service to the postal address you supplied to us when you placed your order. The customer is responsible for the actual postage or commercial delivery charges (including delivery confirmations fees, if any) for the physical delivery of photographic prints (including the return of any original physical images you may have sent to us for evaluation of scanning) sent via USPS or other commercial delivery services to the postal address you supplied to us when you placed your order. You agree that we are not responsible for a delivery if you have incorrectly supplied the consignment address. We reserve the right to dispose of incorrectly addressed envelopes and their contents if they are returned to us, without the obligation to refund you or any other person. We accept no liability for loss or damage suffered due to damage, loss, mis-delivery, or non-delivery of any photographic prints, CD-ROMs, or any original photographs and images sent either to us or by us while in custody or comtrol of the USPS or any other commercial delivery service. Furthermore the customer assumes all risk for the loss or damage however, whenever, or wherever caused of any photographs, prints, images, or any other materials sent to us.
9. Price information
All prices displayed online are correct at the time when they are posted, and prices displayed online will prevail at all times in relation to orders placed through the system.
10. Restoration and Photographic
You hereby acknowledge that you understand that the final quality we will be able to achieve for each digital restoration and photographic print thereof is necessarily dependent upon the quality and/or resolution of the original photographic images or digital files submitted to us for restoration, compositing, and/or colorization .
Any material or software downloaded or otherwise obtained through the use of Services is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We have taken every care in the preparation of the content of the Services. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the Services and shall not be liable to any person for any loss or damage which may arise from its use. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Services, including physically.
We may modify or discontinue, temporarily or permanently, any part of the Services, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Services. Any liability we may have to you shall be limited to the refund of any charges actually paid. We cannot and do not assume liability for the loss and/or physical damage of any photographs physically sent to us for evaluation, digital scanning, digital restoration, digital compositing, digital colorization, or for any other purpose.
12. Payment via PayPal
We will take all reasonable care to keep the details of your order and PayPal information secure. Unless a member of our staff has been fraudulent or negligent, we will not be liable for any losses you may suffer as a result of unauthorized access by a third party to the information you transmit when you order from the Services. It is your responsibility to ensure the security of your own system password and credit/debit card details to avoid its unauthorized use. Credit card and eletronic payments for the Services supplied by DigitalImageServices.com can only be accepted by us through "PayPal" and made to our account entitled "Cooper-Clement Associates."
13. Intellectual property
All brand names, product and Service names, titles and copyrights, and any other intellectual property rights used in the Services are the trademarks, trade names, Services marks, copyrights or other intellectual property of their respective holders. We expressly reserve any intellectual property rights we or others may have in or relating to our Services and give no permission for their use by any person other than such holders, and such use may constitute an infringement of the holders' rights.
You agree to indemnify and hold us and our associated companies, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit or transmit through the Services, your use of the Services, your connection to the Services, your violation of these Policies, Conditions, Terms or Service, Restirctions, and/or your violation of any rights of another.
15. Third party liability
No person who is not a party to this agreement shall have any rights under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision herein.
16. Governing law
These Terms and conditions shall be governed by Pennsylvania law. You hereby irrevocably submit to the exclusive jurisdiction of the Pennsylvania courts.
By using any of our Services you are confirming the ownership of submitted digital and/or physical images. Only the copyright owners of digital images can request and order prints through our Services. Customers retain full ownership of all images sent to us for restoration, compositing, and/or colorization. We do not use, publish or share your digital images or prints with any third party. Digital images are used exclusively to fulfill your print orders.
This website may contain links to other sites. Please be aware that we is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
All of our users' information is restricted in our offices and our Services provider's offices. Only employees who need the information to perform a specific job (for example, our technical team or a customer Services representative) are granted access to personally identifiable information.
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
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A Service of Cooper-Clement Associates
DigitalimageServices.com...""We'll Fix Your Pics...Old or New"...Digital Image Restoration...Colorization...Compositing...Official Digital Image Restorers to the Central Pacific Railroad Photographic History Museum (CPRR.org) .