Services Terms and Conditions

Services Provided, Return Policy, and Claims

General

Re-Production Video Services, also referred to as RVS, is responsible for the website Re-Production Video Services.com and related services, collectively known as our Services. By placing an Order to purchase our Services, you (Buyer) agree to the Service Order Terms and Conditions.

RVS agrees to provide Services to Buyer on a non-exclusive basis, and Buyer shall purchase the Services from RVS on a non-exclusive basis. The Materials provided by Buyer include personal items such as home-made movies, tapes, film reels, photos, slides, negatives, and audio recordings. RVS takes these Materials, organizes and digitizes them into Digitized Materials, and saves them onto a thumb drive, a DVD, Hard Drive, or a server in the cloud. RVS offers customer service and various communications with each Buyer during this process.

If requested by the Buyer when making an Order, RVS will send an Order Confirmation email with an order number detailing the Materials provided and Services to be performed. The Service Order Terms prevail over any terms or conditions contained in any Order Confirmation or other documentation. These Service Order Terms expressly exclude any terms or variations issued by Buyer whether orally or in writing before, during, and after the provision of Services.

By placing an Order, Buyer is making an offer to purchase the Services and the Digitized Materials. RVS has the right to accept or reject any Order at its sole discretion. RVS may cancel any individual Order or transaction request without any liability to Buyer if: (1) Buyer violates its obligations under the Service Order Terms or the Website Terms of Use; (2) Buyer fails to perform its payment obligations; (3) Buyer falsely accuses RVS of misplacement, destruction, loss, or damage; or (4) for any other reason for which RVS determines, in its sole discretion, that it will not fulfill the Order.

Unlawful Order Submissions and/or Materials

By submitting an Order, you represent and warrant to RVS that: (a) no Materials submitted to RVS are in violation of any copyright laws; (b) any Materials submitted were either created by you, you have the right to permit RVS to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted Materials; and © no Materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.

Furthermore, you acknowledge that due to the volume of its operation, RVS cannot fully inspect all the information within the Materials submitted to it. However, there are instances in which RVS may discover that the transmission of information to RVS, the content of such information, and/or your specific request for services with regard to such information within the Materials violates state and/or federal law. In such cases, RVS will take any and all steps necessary to comply with its own obligations under applicable law, including reporting to and complying with relevant authorities.

Return policy

RVS accepts returns within forty-five (45) days of the completion of an Order. An Order is considered complete (and the forty-five (45) day period begins) from the date RVS hands a product to the shipping carrier for shipment to you. Although we are not obligated to do so, we may accept returns past the forty-five (45) day window at our sole discretion. If you believe you are entitled to a return even though the forty-five (45) days have passed, please contact us to let us know.

Occasionally, Materials may arrive at our offices in an unplayable or defective condition. In such cases, we will contact you before attempting to repair the Materials. If a repair is needed, a charge will be incurred. However, if the Materials are not transferrable due to age, fragility, format, damage, or any other condition, we will contact you to inform you that we are unable to transfer the Materials. Please note that we are not responsible for any loss or damage that may occur as a result of this situation.

Risk of Loss: Missing, Damaged, Misplaced, or Mismatched Materials

At RVS, we understand and appreciate the sentimental value of your Materials. Our goal is to help our Buyers relive, preserve, and enjoy their Materials through our digitization Services. From time to time, a Buyer may allege that RVS has misplaced an item that the Buyer purportedly included in their Materials, that RVS has damaged or destroyed their Materials, or that RVS has placed someone else’s Materials within their Materials or Digitized Materials. Every once in a while, we become aware that a Buyer thinks they have sent more Materials to RVS than they actually did, only to realize that the allegedly missing Materials are still at home with the Buyer.

At RVS, we handle all Materials that we receive with due care in a reasonable manner. However, no system is perfect, and you acknowledge that we might misplace or mismatch your Materials. It is also possible that your Materials might become damaged during the digitization process. This can happen through no fault or negligence of our own, particularly when the Materials you have sent to us are old media files that have already begun decaying before we received them.

BY PLACING AN ORDER WITH RVS, YOU ACKNOWLEDGE THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO US. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PLACING AN ORDER WITH RVS, YOU ACCEPT THIS RISK.

If you believe that we have misplaced, damaged, or mismatched your Materials after they were received by us and in our possession, please notify us immediately by sending a Notification of Loss. We will review your notification carefully and make a determination. Failure to provide RVS with a Notification of Loss within thirty (30) days of your receipt of your Materials and Digitized Materials as returned to you shall be deemed a waiver of your right to file a Notification of Loss and shall conclusively demonstrate your acceptance of the Materials and Digitized Materials as returned to you.

You agree to be bound by our review and determination. Please note that RVS makes no warranty and disclaims all potential liability with regard to all aspects of our Services in the handling of your Materials.

RVS may determine that we never received your Materials, that we did not cause damage to your Materials, or that the damage to your Materials during the digitization process was through no fault of RVS. We may also determine that we have an obligation to you. Once we have made our determination, we will provide a written response to your Notification of Loss. Depending on the situation, we may choose to replace your Material(s) by offering you an equivalent type of blank media or the cost of such blank media. We may issue a refund for your Order, compensate you for loss or damage, or decline entirely to issue a refund or provide any compensatory monies.

In the event that we have provided you with mismatched Materials, you agree to return the mismatched Materials to us within fifteen (15) days of your receipt of the return shipping instructions. The costs of shipping will be paid by RVS.

If we have provided you with mismatched Materials, you agree to return the mismatched Materials to us within fifteen (15) days of your receipt of the return shipping instructions. The costs of shipping will be paid by RVS.

By placing an Order with RVS, you acknowledge and accept the inherent risk of sending your Materials to us. You hereby agree to be bound by our determination and assessment of your Notification of Loss. You also agree that you will not disparage, libel, or defame RVS, and you will not take any steps to cause reputational damage to our business in contravention of any state or federal laws preventing tortious interference with a business.

Third-Party Services.

The use and storage of your files by third-party services will be governed by their privacy policies and terms.

Billing

We reserve the right to change our pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes or changes to your subscription plan will take effect following notice to you, except as otherwise expressly provided for in these Terms of Use.

Online Digitized Materials

If we make your Digitized Materials available to you through Cloud Digital Delivery, we may provide you with a link to your Digitized Materials, which may be hosted in a cloud environment online. In such cases, we might use a third-party provider to facilitate this service, such as Google or Amazon.

Please note that RVS does not control the online hosting environment, its security, its authenticity, or its integrity. We have no responsibility or control over the Cloud Digital Delivery service, and we shall bear no liability for anything that might happen to your Digitized Materials therein. You agree to hold harmless RVS for any actions related to your Digital Materials in any way whatsoever with respect to the Cloud Digital Delivery, including but not limited to any loss, destruction, corruption to the Digitized Materials, as well as any unavailability, lack of access, or irretrievability that you might experience if your Digitized Materials are offered through Cloud Digital Delivery.

Our Disclaimer of Warranties

The Services, Materials, and Digitized Materials are provided on an “as is” and “as available” basis without any warranties of any kind.

RVS, TOGETHER WITH ITS WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND/OR ANY OTHER SERVICES OR PRODUCTS THAT WE PROVIDE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES THAT WE PROVIDE. WE DO NOT WARRANT THAT THE SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE RVS, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND YOUR RECEIPT OF THE MATERIALS AND DIGITIZED MATERIALS.

You acknowledge that you are responsible for any actions you take in placing an Order with us.   You recognize that placing an Order with us and sending us your Materials are taken solely at your own risk.

IN NO EVENT WILL RVS, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY RVS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

Indemnification

You will indemnify, defend, and hold harmless RVS, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, caused by or resulting from:

1.        your placement of an Order, your submission of Materials, and your communications with RVS;

2.        your violation of any of the provisions of these Service Order Terms;

3.        any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or

4.        your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to you and your Order for our Services.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Force majeure

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which RVS relies (including but not limited to, any outage in hosting services provided by a third-party host for RVS online services); or any other unforeseen and external occurrence for which RVS is not responsible and could not predict which is required for the performance of its obligations, then RVS will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

Non-assignable

Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of RVS. Any assignment or purported delegation by you without RVS’s written consent will be null and void and of no force or legal effect.

Choice of law

This contract is to be governed at all times by the laws of the State of Tennessee applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Tennessee.

Disputes as Individuals; Class Action Waiver

You and RVS both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.  YOU AND WE BOTH HEREBY EXPRESSLY WAIVE EACH OF OUR OWN RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.

 

 

Mount Juliet TN
‪(615) 257-6773