Using the FotoBridge Web Site
FotoBridge, LLC ("FotoBridge") welcomes you to our Site and invites you to explore our innovative digital services and products. We are committed to providing fast, affordable, quality digital services that deliver industry-leading value to our customers.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
These terms and conditions (the "Site Terms") apply exclusively to your access to, and use of, this Website (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with FotoBridge, LLC ("FotoBridge") for products, services or otherwise.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FotoBridge.com does sell products to children, but it sells them to adults, who may purchase with a credit card. If you are under 18, you may use FotoBridge.com only with involvement of a parent or guardian. FotoBridge and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our Privacy Notice, which is located at the URL: http://www.FotoBridge.com/privacy , which also governs your visit to FotoBridge.com, to understand our practices. You further acknowledge and agree that FotoBridge may, in its sole discretion, preserve or disclose your Content (as defined below), 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 FotoBridge, its users or the general public.
CONTENT AND MEMBER CONDUCT
You agree that all materials, photographic prints, slides, film, negatives and resulting digital images (collectively "content") submitted by you to FotoBridge or created for you by FotoBridge are your sole responsibility. By submitting Content to FotoBridge, you indicate to FotoBridge that you own the Content or have the permission from the copyright owner to make such Content available to FotoBridge to perform the Service and its obligations under these Terms.
You also agree to indemnify and hold FotoBridge 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) FotoBridge or any other indemnified party suffers in relation to or arising from a breach of your representations.
You acknowledge that although FotoBridge is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, FotoBridge 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 the Service to have the following types of Content produced on your behalf ("Prohibited Content"):
This list of Prohibited Content is an example and is not complete or exclusive. FotoBridge 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 FotoBridge determines is or may be disruptive to the Site or the Service. FotoBridge may report to law enforcement authorities any actions that may be illegal. When legally required or at FotoBridge's discretion, FotoBridge will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.
PRICING, PAYMENTS AND ELECTRONIC COMMUNICATIONS
When you place an order, you must choose the package that correlates to the number of originals you are sending. All packages will be rounded up to the greater package if the number of scans sent to us is greater. You are responsible for paying the related fee. In the event that the amount due for the total number of scans purchased by you is less than the Upfront Fee, FotoBridge shall refund to you within ten (10) business days of the completion of your order the difference between the Upfront Fee and the total amount due for the actual number of scans purchased by you by the same payment method you used to pay the Upfront Fee. 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 estimated on the order form, 2) the type 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.
The shipping and handling costs to ship your originals to FotoBridge are your responsibility and not included in your order.
When you visit FotoBridge.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SHIPPING AND LIMITED REMEDY FOR LOSS OF ORIGINAL CONTENT
Except as otherwise provided in these Terms, FotoBridge 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. We require that all return shipments use methods which require a signature for delivery. We will not make any exceptions to this rule under any circumstances. All items purchased through FotoBridge 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.
FOTOBRIDGE ASSUMES THE RISK OF LOSS OF YOUR ORIGINAL CONTENT SOLELY FROM THE DATE THAT FOTOBRIDGE ACTUALLY RECEIVES YOUR ORIGINAL CONTENT UNTIL THE DATE ON WHICH FOTOBRIDGE DELIVERS THE ORIGINAL CONTENT TO A THIRD PARTY CARRIER FOR RETURN TO YOU. IF FOTOBRIDGE LOSES ANY SUCH ORIGINAL CONTENT DURING THE LIMITED PERIOD THAT THE ORIGINAL CONTENT IS UNDER FOTOBRIDGE'S SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR SUCH LOSS IS FOTOBRIDGE'S PROVIDING YOU WITH AN UNLIMITED AMOUNT OF FREE SERVICE FOR A PERIOD OF ONE (1) YEAR. YOU ACKNOWLEDGE AND AGREE THAT THIS REMEDY IS A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ORIGINAL CONTENT AND IS NOT A PENALTY. YOU BEAR ALL POSSIBILITY OF LOSS OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS IN THE CUSTODY OF THE CARRIER.
The Service provided by FotoBridge 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.
Except as expressly provided herein, FotoBridge 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. FotoBridge 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 FotoBridge or FotoBridge's licensors.)
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. 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.
THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
FotoBridge 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. You cannot link to our Site without our prior written consent. While our Site may have links to the websites of other third parties ("Third Party Sites"), FotoBridge has no control over those Third Party Sites. FotoBridge is not responsible or liable for any content, advertising, products, services or other materials on or available from those Third Party Sites. FotoBridge 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.
DELETION OF INACTIVE ACCOUNTS
FotoBridge reserves the right to delete your account if it has been inactive for more than one (1) year. FotoBridge 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 FotoBridge sends you the e-mail notification, FotoBridge will delete your account, the scans contained in your account, and any personally identifiable information related to your account.
TRADEMARKS AND COPYRIGHT NOTICE
FotoBridge, LLC and the FotoBridge, LLC Logo are service marks owned by FotoBridge. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. 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 FotoBridge, Copyright © 2007. 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.
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. FOTOBRIDGE 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 FOTOBRIDGE 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. FOTOBRIDGE 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.
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. FOTOBRIDGE 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 FOTOBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
By visiting FotoBridge.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and FotoBridge or its affiliates.
Any dispute relating in any way to your visit to FotoBridge.com or to products you purchase through FotoBridge.com shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate FotoBridge's intellectual property rights, FotoBridge may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
FotoBridge's satisfaction guarantee allows you to resubmit your original order for reprocessing within 30 days of order completion if you are not satisfied for any reason. Upon receipt, FotoBridge will reprocess your order within 45 days from date of receipt and return to you. If, for any reason, you are not satisfied after reprocessing, FotoBridge will refund your payment, less a handling fee equal to 25% of the original basic package price purchased (excludes shipping fees, taxes, or any additional package options purchased).
Notwithstanding any of the terms and conditions contained herein, FotoBridge reserves the right, without notice and in its sole discretion, to terminate your license to use the FotoBridge.com website, and to block or prevent future access to and use of the website.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
TYMECapsule Media Vault Storage - Things you need to know
1. TYMECapsule Media Vault Storage (MVS) allows for the storage and digital backup of original media and digital content, to the exclusion of unauthorized files and any other copyright materials in respect of which the requisite consents have not been procured. Unauthorized material will be removed.
2. You will not be able to sign-up for TYMECapsule MVS without first purchasing a flat-rate digitizing package, the service is offered as a recurring add-on service to standard, packaged services. The quantity of media covered under the service is not to exceed the package quantity purchased and covers only the media digitized by FotoBridge. If you default on the payment of your monthly TYMECapsule MVS fee, or if your FotoBridge account has been suspended or terminated because of breach of the conditions by you, you will accordingly not be able to use TYMECapsule MVS.
Data Privacy - how information we hold about you can be used
2. You also agree that the Data held by FotoBridge may be shared with other third party companies for the sole purpose of providing TYMECapsule MVS to you, including third party online storage providers.
Paying for TYMECapsule MVS
1. FotoBridge Payments will charge you a Subscription Payment for your TYMECapsule MVS account monthly, on or about the 20th day of each month, initiating the first month following return shipment of your order on which the service was selected. Your TYMECapsule MVS account is your FotoBridge Order Number.
2. If you default on payment of any Subscription Payment you will owe us the full amount outstanding, and we will be entitled to suspend or cease provision of TYMECapsule MVS to You without giving you advance notice. This does not affect our right to terminate your Account, or to exercise such other remedies as we may be entitled to. 3. You may not terminate TYMECapsule MVS on less than 1 calendar month's prior written notice to us. Cancellation notification MUST be emailed to email@example.com to be a valid termination, which can be made at anytime, subject to notice described above. Upon valid termination, original stored media will be shipping to the address recorded on your TYMECapsule MVS account and on your FotoBridge Order only. Shipments will be processed within 20 business days after a valid cancellation has been processed by FotoBridge.
4. Upon cancellation, FotoBridge will permanently remove and delete all digital files associated with the account within 60 days of cancellation.
Certain Service Features & Procedures
1. If you elect, FotoBridge will create and have delivered to your address ( as recorded on your TYMECapsule MVS account) digital copies on DVD (or media determined by FotoBridge) of your media stored at FotoBridge up to two separate times during a 12 month period initiating the month after your first monthly payment. Requests for this feature must be received via email at firstname.lastname@example.org to be valid. Upon validation by FotoBridge of a request, Shipments will be processed within 20 business days.
Using TYMECapsule MVS
1. TYMECapsule MVS is for personal, business and institutional use and purposes by you or the organization you are authorized to represent. FotoBridge does not guarantee the security of any Content information received, stored or shared via you. Security of your account and content is your sole responsibility. You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for all activities that occur under your username and password. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.
2. We may offer you additional services as part of TYMECapsule MVS. If there are additional terms and conditions relating to these additional services, we will notify you of these in advance. Your continued use of TYMECapsule MVS after the notification will be deemed as acceptance by you of the updated terms and conditions. 3. You are responsible for independent backup of content stored in your account. You agree to assume all risk of loss of such content.
Your TYMECapsule MVS Backup & Storage Content
By submitting or making available Content to TYMECapsule MVS you warrant: 1. it is your own original work or you have obtained all rights, permissions, licenses and consents necessary from any others whose original work is contained within your Content; 2. your Content or any part of it does not infringe on the intellectual property rights (including copyright, patent, trademark, trade secret or other intellectual property or proprietary rights, rights of publicity or privacy, or moral rights) of any third party; 3. you will take responsibility for all licensing, reporting and payment obligations to any applicable third parties regarding any Content received, accessed, stored or shared by you; 4. it does not and will not violate any law, statute, ordinance, regulation or judicial or regulatory order; and 5. you will in no circumstances upload or share copyright materials (for example, copyright music or video files) through your Account.
FotoBridge does not pre-screen or test Content and does not endorse any Content. FotoBridge reserves the right (but is in no way obliged) to monitor the use of your Account by you at any time, and in particular where we determine that there may be misuse under these terms.
TYMECapsule MVS Account Activity
1. If you fail to make a Subscription Payment when it is due to us for any reason, then we shall notify you of your default. 2. If you fail to make the required Subscription Payment within the stated period we may close your Account.
Termination of your TYMECapsule MVS Account
1. You are responsible for all of your actions and omissions in relation to your use of TYMECapsule MVS.
2. We will endeavor to provide TYMECapsule MVS using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of TYMECapsule MVS, or for any loss or damage caused to you by: 2.1 your negligence or failure to follow our reasonable instructions, and the terms set out herein; 2.2 your use of TYMECapsule MVS, nor for any Content which is accessed, sent or received by you using TYMECapsule MVS; 2.3 the act of closing your Account in accordance with these terms; 2.4 any delay or failure by us to provide any element of TYMECapsule MVS or part of it where such delay or failure is caused by events outside our reasonable control including (but not limited to) network failures, severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action; 2.5 any errors, viruses or bugs contained in the Backup & Storage service caused by events outside of our control; 2.6 your use of TYMECapsule MVS in circumstances where: i. there is no breach of a contractual obligation or legal duty of care by us; ii. such loss or damage is not a reasonably foreseeable result of any such breach; 2.7 any incompatibility of TYMECapsule MVS with any other software or material on your computer; 2.8 any Content provided by third parties or for any product or service advertised, promoted, offered, or sold by third party service providers for use on TYMECapsule MVS or otherwise; or 2.9 any other factor that is outside our reasonable control.
3. In no circumstances will FotoBridge be liable in contract, tort (including negligence or otherwise) for any loss or corruption of any data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue loss, or for any other indirect or consequential loss whatsoever. 4. No company nor its officers, employees or agents who act as FotoBridge's agent in providing any part of TYMECapsule MVS shall be liable to you for any damage or loss suffered by you arising from or in connection with your use of TYMECapsule MVS.
Copyright, Trademark and Intellectual Property
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of TYMECapsule MVS will remain ours or, where applicable, our content partners.
Links to Third Party sites
TYMECapsule MVS may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
Changes to TYMECapsule MVS
1. Backup & Storage is variable. We can change, replace or withdraw Accounts or elements of an Account at any time.
2. If anything we do under this clause results in a change to your Subscription Payment we will confirm the change to you.