Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS.

IF YOU DO NOT CONSENT OR ACCEPT THESE TERMS AND CONDITIONS, DO NOT PLACE AN ORDER.

IF YOU CHOOSE TO ACCEPT THESE TERMS & CONDITIONS, YOU MUST DO SO AS IT IS PRESENTED TO YOU — NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED, UNLESS DONE SO IN WRITING.

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

By receiving our terms and conditions you acknowledge that this is a binding legal agreement between AD Visuals, and users of all services provided by AD Visuals

AD Visuals may change, add or remove any part of this Agreement, or any part of the services and features provided by AD Visuals, including price, at any time. If it does so, AD Visuals will post such changes on the AD Visuals website, www.thevideoarchivers.com.

WARRANTY

Our services are provided without warranties of any kind, whether expressed or implied to the fullest extent permissible pursuant to applicable law. AD VISUALS disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. AD VISUALS does not represent or warrant that the services provided will be error-free or that defects will be corrected. AD VISUALS does not make any warranties or representations regarding the use of the materials provided in terms of their correctness, accuracy, adequacy, usefulness, timeliness, and reliability or otherwise.

In good faith, if there is any problem with any product we produce, or any transfer we made, you may return those items to us within 20 days and we will replace or repair those items FREE of charge, and will return those items to you FREE of charge. You are responsible for returning any damaged / defective merchandise to us. Returns are not accepted without first contacting AD VISUALS support via email at andrew@thevideoarchivers.com.

SHIPPING LIABILITY

AD VISUALS is not responsible for late, lost, damaged or misdirected mail. AD VISUALS does not warrant that our services will fit all users’ particular purposes, and is not liable for any damages or losses of any kind to the original videotape provided by customer. Liability of AD VISUALS is limited to replacement of such tape with blank video tape of the same kind only. AD VISUALS takes no responsibility for the transport of your videotape(s) to and from our facility. We are NOT liable, and will not cover the cost of lost, late or misdirected mail or packages to and from our offices, regardless of carrier or courier service. By sending your original materials to AD VISUALS, you are doing so at your own risk. AD VISUALS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS.

LIMIT OF LIABILITY

Some of our DVDs may not play in older DVD players. Refunds can not be given for DVDs that do not work in some DVD players, but work in others. If your DVDs do not work in an old DVD player, either purchase a new DVD player, or try playing the DVD in a computer. This is a common problem with all DVD manufacturing facilities, not just AD VISUALS. Original DVD players are just too old to play newer type DVDs.

By submitting an order the Customer declares and warrants that all materials provided for conversion and/or duplication are not in violation of any copyright laws. Customer will indemnify and hold AD VISUALS harmless in respect to any claims or demands by any third party that infringes upon any Copyright law. The video materials submitted were either created by the Customer or the Customer has the right to permit AD VISUALS to perform duplication services, or the Customer has the permission of the copyright owner to duplicate video materials and written release form is provided.

SERVICE TURNAROUND & PRODUCTION TIME

AD VISUALS is NOT date or time guaranteed. AD VISUALS will post average turnaround time for projects, but we do not guarantee that the service can be performed within any given time period. With repair work, some orders may be delayed. Please check with us for estimated times before sending in repair work.

CANCELLATION / REFUNDS

AD VISUALS services are non-refundable, and cancellations are not allowed once conversion has taken place. ALL SALES ARE FINAL. If you wish to cancel your order before conversion has taken place, you will incur a 50% return fee.

REPAIRS

Repair charges will range depending on the type of repair performed. Your tape will need to be repaired if it does not play, if the case is damaged, or if the actual tape is no longer on the tape spool. Repairs will also be required if your tape breaks while being transferred.

AVAILABILITY OF THE SERVICE

While AD VISUALS makes reasonable efforts to ensure that thevideoarchivers.com is available at all times, AD VISUALS does not guarantee, represent or warrant that thevideoarchivers.com services will be uninterrupted or error-free, and AD VISUALS does not guarantee that users will be able to access or use all the thevideoarchivers.com features at all times.

Subject to any specific license agreements for various AD VISUALS software features (including third party software), AD VISUALS may change, suspend or discontinue any (or all) aspects of thevideoarchivers.com at any time, including the availability of any features. AD VISUALS may also impose limits on the use of, or access to certain features or portions of thevideoarchivers.com, or restrict your access to any part or all of thevideoarchivers.com, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of thevideoarchivers.com, if you elect to use those products, services or features.

AD VISUALS also does not guarantee or warrant that any Content you may have in your account at thevideoarchivers.com will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important content. Unless otherwise expressly provided in the terms of any service or feature offered in thevideoarchivers.com, AD VISUALS will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the thevideoarchivers.com system is damaged, lost or corrupted in any way, AD VISUALS will have no obligation or liability to you.

ACCEPTABLE USE POLICY GUIDELINES

AD VISUALS encourages thevideoarchivers.com users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use thevideoarchivers.com, whether you are using thevideoarchivers.com on a trial basis or as a paying customer. These rules and standards are described in this Agreement. As a thevideoarchivers.com user, you agree to comply with this Agreement, and you acknowledge that thevideoarchivers.com has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your thevideoarchivers.com account (including anyone using any guest account you may establish under your main account), violate the terms of this Agreement, AD VISUALS may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for thevideoarchivers.com to legal action—as AD VISUALS deems necessary or appropriate. AD VISUALS is not required to provide notice prior to terminating your thevideoarchivers.com access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct, and the conduct of anyone using your account or any guest accounts, while using thevideoarchivers.com, including the contents of all Content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your thevideoarchivers.com account or any guest account. AD VISUALS will not be responsible or liable in any way for any such on-line distribution or publication. AD VISUALS cannot and will not review the content which may be generated or posted on or through your account (although AD VISUALS reserves the right to monitor members' use of thevideoarchivers.com—see "Investigations", below), and AD VISUALS will not be responsible for anything in any of your Content.

AD VISUALS reserves the right to delete, move or edit any item (Content) that The Photo Archival Company, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material AD VISUALS believes may subject AD VISUALS to any liability or which may cause AD VISUALS to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to thevideoarchivers.com users.

A member's use of thevideoarchivers.com should conform to the requirements of the law, respect for the rights of other users of AD VISUALS and third parties, and current standards for communicating on-line. By your use of thevideoarchivers.com, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including non-U.S. law where appropriate).

AD VISUALS reserves the right to terminate your access to thevideoarchivers.com at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any guest account), your infringement of The Photo Archival Company's or The Photo Archival Company's or others' intellectual property, or any other circumstances which, in The Photo Archival Company's sole discretion, merit termination. Any such termination may, if AD VISUALS elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Illegal, Tortuous and Prohibited Conduct

www.thevideoarchivers.com may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject AD VISUALS to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If AD VISUALS elects to terminate your right to use thevideoarchivers.com as a result of any illegal or prohibited conduct, AD VISUALS may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

Examples of prohibited conduct are:

Posting obscene Content (including child pornography)
Planning illegal activity, such as building a bomb or counterfeiting money
Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another thevideoarchivers.com user, a AD VISUALS employee, or a civic or government leader; AD VISUALS reserves the right to reject or block any thevideoarchivers.com user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
Using false statements to get, or to attempt to get, account information or other private information from other thevideoarchivers.com or Internet users
Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

If you believe that illegal, tortuous or other prohibited content is being transmitted through any thevideoarchivers.com service, you may report it by contacting andrew@thevideoarchivers.com.

AD VISUALS reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If AD VISUALS decides to investigate or resolve possible misuse involving you or anything you do on thevideoarchivers.com, AD VISUALS is entitled to disclose any information about you in AD Visuals possession in connection with your use of thevideoarchivers.com. and anything you do with AD VISUALS to law enforcement or other government officials, as AD VISUALS in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of AD Visuals, you authorize AD VISUALS to take any such actions.

Objectionable Conduct and Content

It is essential that all Content on thevideoarchivers.com reflect the provisions of this Agreement. AD VISUALS reserves the right to remove Content if AD VISUALS becomes aware of any Content in any thevideoarchivers.com area which, in AD Visuals judgment, does not conform to this Agreement. AD VISUALS may send you a warning about the violation of this Agreement if your thevideoarchivers.com account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, AD VISUALS reserves the right to terminate, with or without notice, the accounts of AD VISUALS users who violate this Agreement. In such case, you will not be entitled to any refund.

Examples of objectionable conduct and Content that violate the AD VISUALS acceptable use policy are:

Harassing, threatening, or embarrassing another AD VISUALS or Internet user, including unsolicited commercial communications
Stalking another AD VISUALS or Internet user ("cyberstalking")
Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or, in non-U.S. areas, such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
Posting Content that defames, abuses or threatens physical harm to others or yourself

Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, AD VISUALS reserves the right to make the final determination about whether Content is objectionable or not.

Copyright and Intellectual Property Infringement

TRADEMARKS

AD VISUALS and the products and services described in this site, are either service marks, trademarks or registered trademarks and may not be copied, imitated or used, in whole or in part. In addition, all headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AD Visuals, and may not be copied, imitated or used, in whole or in part without the prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any Content in which you claim copyright has been infringed by anyone using AD Visuals or www.thevideoarchivers.com, please contact AD VISUALS at andrew@thevideoarchivers.com

Violations of System and Network Security

Violations of system and network security are prohibited, and may result in criminal and civil liability. AD VISUALS will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
Falsifying your user identity or providing other false information to AD VISUALS or to other users of AD VISUALS in connection with your use of AD VISUALS or any feature of AD VISUALS
Posting viruses or software designed to create a virus or to do harm to thevideoarchivers.com, any AD VISUALS members or users of thevideoarchivers.com, or any network
Taking any other action to disrupt the normal use of AD VISUALS or the Internet by other users
Use of software that allows your account to stay logged on while you are not actively using the account.
Unsolicited E-Mail ("Spamming" and "Phishing")

This Agreement prohibits abuse of AD Visuals e-mail and related functionalities. Some specific examples of prohibited actions are as follows:

Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements ("bulk" means sending the same or substantially similar messages to more than 25 e-mail users in a single day); AD VISUALS reserves the right to block unsolicited commercial e-mail if a AD VISUALS user objects to receiving such e-mail, even if it is not considered "bulk" e-mail

Using information collected from any AD VISUALS user or AD VISUALS user directory or any other area of AD VISUALS for the purpose of sending unsolicited e-mail, whether or not it qualifies as "bulk" e-mail

Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) ("excessive" includes posting the same or substantially similar messages to ten (10) or more groups in a single day)

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message ("spoofing")

Using another site's mail server to relay mail without the express permission of the other site

Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a AD VISUALS account, remailer, or otherwise through any feature of www.thevideoarchivers.com, or using a AD VISUALS account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities

INVESTIGATIONS

AD VISUALS RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL AD VISUALS FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT AND ANY GUEST-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

When AD VISUALS becomes aware of possible violations, AD VISUALS may initiate an investigation, which may include gathering information from any AD VISUALS user or account involved, any third party and any complaining party.

During the investigation, AD VISUALS may suspend or terminate any or all of a user's AD VISUALS accounts involved and/or remove the Content involved from thevideoarchivers.com’s system. If AD VISUALS believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the AD VISUALS system, warnings to the AD VISUALS user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, AD VISUALS believes that any criminal activity has occurred, AD VISUALS reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING a AD VISUALS CUSTOMER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THEVIDEOARCHIVERS.COM AND TO HOLD AD VISUALS HARMLESS AND INDEMNIFY AD VISUALS WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY AD VISUALS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE AD VISUALS OR RECOVER ANY DAMAGES WHATSOEVER FROM AD VISUALS AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE AD VISUALS SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR AD VISUALS ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THEVIDEOARCHIVERS.COM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

SOFTWARE LICENSES

If you access AD VISUALS through downloaded media views such as Quicktime, Real Player, Windows Media, etc., then these provisions relating to software licenses apply to you. Nothing in these provisions, however, supersedes any terms of any end-user license for software provided with your computer or any separate software application provided to you as part of AD VISUALS

AD VISUALS provides you with a limited license to use the software providing access to thevideoarchivers.com, which you agree to use in accordance with these rules. You may not sublicense, or charge others to use or access, this software. AD VISUALS will occasionally provide automatic upgrades to improve your on-line experience.

AD VISUALS grants to you a non-exclusive, limited license to use the software designed to provide access to AD VISUALS for the sole purpose of connecting you to AD VISUALS This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that thevideoarchivers.com introduction of various technologies may not be consistent across all platforms and that the performance and some AD VISUALS features may vary depending on your computer and systems and other equipment.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE AD VISUALS SERVICES ARE AT YOUR SOLE RISK. AD VISUALS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

AD VISUALS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH AD VISUALS WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. THEVIDEOARCHIVERS.COM’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY AD VISUALS SHALL BE CANCELLATION OF YOUR ACCOUNT.

IN NO CASE SHALL AD VISUALS, THEVIDEOARCHIVERS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF AD VISUALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR AD VISUALS USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THEVIDEOARCHIVERS.COM’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, AD VISUALS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH AD VISUALS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH AD VISUALS YOU HEREBY RELEASE AD VISUALS FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

NOTICES

AD VISUALS may give notice to any thevideoarchivers.com user by sending an e-mail message to the user's mailbox or by sending a letter via postal mail to the contact address listed in the user's thevideoarchivers.com order information. thevideoarchivers.com users may contact AD VISUALS by emailing to: andrew@thevideoarchivers.com

U.S. EXPORT CONTROLS

You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of this Agreement.

LEGAL PRINCIPLES

This Agreement represents your entire agreement with AD VISUALS with respect to AD VISUALS. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a AD VISUALS user, and AD VISUALS.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as required by applicable non-U.S. local or national law, the United States of America, excluding its conflicts of law rules, govern this agreement and your use of AD VISUALS Your conduct and use of AD VISUALS may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You further agree and expressly consent to the exercise of personal jurisdiction in the courts in connection with any such dispute, including any claim involving AD VISUALS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to AD VISUALS.

AD VISUALS (thevideoarchivers.com) PRODUCTS AND SERVICES ARE PROVIDED TO YOU. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT PLACE AN ORDER FOR SERVICES.