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Mailing
Save the Image
48 Deering Street
Portland, ME 04101



Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Introduction
Thank you for choosing Save the Image by M&D Media LLC to digitally transfer your analog media including photos, slides, negatives, and film. These Terms of Service govern your use of the Save the Image service. By placing an order with us, you are stating your agreement to these Terms of Service, and a binding legal agreement is created. You should therefore read these Terms of Service carefully. You must be 18 years or older to use our services.

Account Creation
When creating an account, you must provide true, accurate, current and complete information. Should this information change over the course of the time you are using our services, you agree to notify Save the Image. We will use the information you provide to us in accordance with the Privacy Policy.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of SavetheImage.com. The collective work includes works that are licensed to SavetheImage.com. Copyright 2003, SavetheImage.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SavetheImage.com or purchasing SavetheImage.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SavetheImage.com or to purchase SavetheImage.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SavetheImage.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Archiving of Projects/Images
Save the Image generally archives projects for up to 30 days to allow for re-orders, changes, etc. Archiving time may be reduced at the discretion of Save the Image. Straight transfer to DVD of video tape is not generally archived. No projects are shared or published to any third party without the express consent of the customer. If requested at the time of order all images and project files will be deleted from our production servers after seven days from the time the order is sent to the client. If a project has been deleted from our servers, there will be no way to make a copy of the project.

Returns and Refund Policy
Like purchasing any digital media and software, once your images have been digitized and archived, there will be no returns allowed. If the disk you receive is damaged in some way we will replace it at no cost. If there was an error made in the digitization (wrong resolution, wrong media, etc), we will redo/replace at our cost. Please let us know within 7 days of receiving your package if there are any errors to be corrected. Thank you for your understanding.

Shipping Policy
Save the Image will use the shipping time you specify including: ground, home, 2nd day, and next day. We do not ship items with signature required as most of our clients are not home to receive packages. If you want a signature required, please specify this at the time of order. In all cases, Save the Image will not be responsible for shipments lost by the shipper or packages not delivered in a timely fashion. In the case of lost or delayed shipments, we will help you to file a claim with the shipper and we will expedite a replacement to you. In the case of sending a replacement charges may apply including the cost to reproduce the item ordered at Save the Image and the shipping charge. Save the Image WILL NOT BE ABLE TO REFUND AN ORDER IF THE SHIPPER DENIES THE CLAIM. WE RECOMMEND CHOOSING THE APPROPRIATE SERVICE LEVEL AND INSURANCE COVERAGE.

The Use of Images
Save the Image will use the images and music you supply to us (except where not permitted by these Terms and Conditions) to assemble the products according to your plan. These include hard copies or image files of your photos, slides and documents you provide to us. You must have the right to use the images you supply to us in your product, and by placing an order with us you are representing and warranting to Save the Image that you have that right, that all images you supply belong to you, and that you have obtained any third party permissions that may be necessary to use the images you are supplying. Such permissions may include but are not necessarily limited to the permission of the photographer(s) of any professional photograph(s) you supply to Save the Image for use in the final product. By placing an order with us, you are representing and warranting to Save the Image that you have all such rights and any necessary permission from third parties. By placing an order with us, your are also agreeing to indemnify Save the Image against any liability that might arise as the result of a claim by any third party that inclusion of the materials you supply to us in your final product violates any copyright or other right of any third party. Save the Image expressly disclaims any responsibility or liability to any third party arising out of the content of the materials you supply to us for inclusion in your final product, and you agree to be solely responsible as to any such claim. Save the Image also reserves the right not to digitize any image if it deems the content to be hateful, harmful or otherwise objectionable or contrary to any law. If you are unsure, please contact us to describe your project and we will let you know if it is acceptable to send to us. Save the Image will not accept any photos that depict minors or any person who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. Additionally, if necessary for the protection of minors or as required by law, Save the Image will disclose such material to the proper authorities.

Fees for Non-payment
All payments for orders are to be paid in full prior to shipment of the product unless specific arrangements have been made or customer has been approved for credit by Save the Image.

A $30 fee will be added to the balance or any payments owed for returned checks or in instances where the customer has charged back the payment on the credit card due to error or mistake.

Finance charges will accrue at a rate of 1.5% per month on the open balance or maximum allowed by law.


Trademarks
All trademarks, service marks and trade names of SavetheImage.com used in the site are trademarks or registered trademarks of SavetheImage.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SavetheImage.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SavetheImage.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SavetheImage.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
SavetheImage.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SavetheImage.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a SavetheImage.com product is mistakenly listed at an incorrect price, SavetheImage.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SavetheImage.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SavetheImage.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SavetheImage.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
SavetheImage.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SavetheImage.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Maine, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SavetheImage.com products) shall be in the state or federal courts located in Cumberland County, Maine. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SavetheImage.com products) must be commenced within one (1) year after the claim or cause of action arises. SavetheImage.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SavetheImage.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SavetheImage.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
SavetheImage.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SavetheImage.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SavetheImage.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SavetheImage.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless SavetheImage.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, SavetheImage.com may link to sites operated by third parties. However, even if the third party is affiliated with SavetheImage.com, SavetheImage.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SavetheImage.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SavetheImage.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).