Timeless DVD

Terms of Service

Welcome to Timeless DVD. The following terms of use, along with any documents they expressly refer to, including the Privacy Policy, govern your access to and use of timelessdvd.com including any content and services offered through this website.

Please read the Terms of Use carefully before you use the website or order our services. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agreed to be bound by these terms of use, and to comply with applicable United States laws and regulations. You agree that the Terms of Use, combined with your act of using the website, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

Your access to and use of Timeless DVD's services and website are expressly conditioned on your compliance with these Terms. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this website. Any violation of these Terms may result in termination of our Service to you.

Updates

Timeless DVD reserves the right to update or amend these Terms of Use at any time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on this page of the website.

Your use of the website following any changes indicates your agreement to be bound by those modifications. It is your responsibility to review the website to ensure that you continue to agree with all of the Terms of Use.

Privacy Policy

Timeless DVD maintains a separate Privacy Policy that explains what we do with information gathered from our customers. You can view it here: Privacy Policy

Eligibility

Timeless DVD offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use Timeless DVD’s services only under the supervision of a parent or guardian.

Turnaround Time

Turnaround time depends on the complexity and size of your order and our current workload in the Timeless DVD studio at the time your project arrives.

Timeless DVD handles most projects on a "first come, first served" basis. Therefore, turnaround will be slower during busy times of the year, such as during the Christmas season or other holidays, or after an unusually large quantity of orders has arrived. However, we always try our best to complete orders in a timely fashion.

Timeless DVD does not guarantee ANY specific turnaround time for an order. If you expect your order to be completed by a given date, you must communicate that date to us. We will try to meet it if possible. However, a specific completion date is not 100% guaranteed in any situation.

We understand that you want your order completed as quickly as possible. Please allow plenty of time for us to complete the work so you receive the best results. Timeless DVD is focused on providing high quality and customized work, and that is our priority rather than fast turnaround. Please be aware of this before submitting your order.

In general, we try to complete disc conversion and Mini DVD combo orders of 10 or fewer discs in about 2-3 weeks. Larger orders may take 4 weeks or more. Disc duplication orders are usually completed in 1-2 weeks (longer for larger or more complex orders). If a customer's disc has issues or disc recovery service is part of the order, these estimates may be extended. These estimates do not include shipping time.

Your signature on our order form and concurrent order submission indicate that you are aware of the turnaround policy as outlined above, and agree to be bound to it. In addition, we kindly ask our customers to please refrain from sending e-mails that request updates on a order's status. Questions are always welcome, but answering e-mails regarding project updates requires time that is better spent completing customers' orders. If we have an update or questions on your order, we will let your know.

Payment Terms

Full payment is required by customer before order is shipped.

If a project is cancelled by the customer before it is completed, the customer is responsible to pay for any completed work as well as return shipping of materials.

Shipping Costs

Timeless DVD uses flat-rate ($15) shipping to the continental United States. We ship via UPS unless otherwise instructed. Shipments to Alaska or Hawaii or extremely large orders may incur additional fees, or the order may be shipped at Timeless DVD’s discretion.

If an order is not processed for any reason, including customer cancellation, return shipping must be paid by the customer before project materials can be shipped back.

All materials received by Timeless DVD will be shipped back to you after the service has been completed. Return shipping of your original materials is included as part of your shipping cost. Timeless DVD does not destroy customers’ original materials.

In-person order drop-off at our office and project pickup at your location are not available.

Shipping Risk

All services purchased through Timeless DVD are pursuant to a shipment contract. The risk of loss for such items pass to you upon our submission to our carrier. Timeless DVD is not liable for any customer materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. The customer is liable for any misdirected, lost, stolen or damaged materials while in transit with the carrier. BY SHIPPING ANY MEDIA TO TIMELESS DVD, YOU ACKNOWLEDGE THAT TIMELESS DVD IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.

Return Policy and Guarantee

Timeless DVD is committed to fixing any errors we make or any problem that is not inherent to the original video. For example, if your disc has an authoring error, we will replace the disc, free of charge.

However, as with custom services in other industries, transfer orders and related custom production services are non-refundable due to the time and labor involved in video conversion and DVD creation.

Refunds are not issued for DVD player incompatibility issues.

Refusal of Service

Timeless DVD, in its sole discretion, reserves the right to (i) refuse service for any content that, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, a potential violation of these Terms of Service, or otherwise unacceptable, or (ii) take any other action that Timeless DVD deems necessary relating to use or misuse of the service, including the right to reject performance of services on any material or cancel any orders.

Occasionally, videos and discs may arrive at our offices in an unplayable or defective condition. If that happens, we will contact you and provide a review of the material, and discuss additional steps.

Limitation of Liability

By submitting media to Timeless DVD, you understand and agree that Timeless DVD’s liability is limited in each of the following ways:

• By submitting media to Timeless DVD for conversion, duplication, or any other service, you agree that if any such media is lost or damaged by us, it will be replaced only with an equivalent type or cost of blank media. Our handling of your media is otherwise without warranty or liability. You agree that Timeless DVD is not liable for any loss or damage to your property otherwise.

• Though we strive for perfection, Timeless DVD does not represent or warrant that the services provided will be error-free or that all defects will be corrected. We are committed to fixing errors when alerted by a customer and whenever feasible.

• While we employ a careful archiving process, the digital and disc backups provided by Timeless DVD are not guaranteed. We advise customers to create multiple backups of their own discs and files.

• Timeless DVD does not warrant that any of its services will fit the particular purpose of any user, or that the files we provide will work in any particular software program. It is the customer’s responsibility to understand the capabilities of his or her program. We provide test files so that the customer can try our file types in his or her system before purchasing.

• Timeless DVD does not provide technical support for any software program or electronic setup.

• For Disc Recovery services, Timeless DVD does not guarantee that all or any of a disc’s video will be recoverable. We do our best to obtain as much video from the disc as possible.

• Timeless DVD disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

• Timeless DVD will not be liable for any incidental, consequential, special or punitive damages, loss of future revenues or income, lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of these Terms of Use. This limitation of liability will be effective regardless of whether such liability is based on breach of contract, tort, strict liability, or any other legal theory.

• Timeless DVD makes no representations or warranties of any kind, express or implied, about the operation of our website or the information, content, materials, or services included on it. Further, the website and all included information, content, materials, and services are provided by Timeless DVD on an “as is” and “as available” basis.

Force Majeure

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; 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 Timeless DVD relies; or any other unforeseen and external occurrence for which Timeless DVD is not responsible and could not predict which is required for the performance of its obligations, then Timeless DVD 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.

The Customer's Warranties

You agree to use this website only for lawful purposes and only for your own personal, non-commercial use. You may not use the site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

By submitting an order, you represent and warrant the following to Timeless DVD:

(a) no materials submitted to Timeless DVD are submitted in violation of any copyright laws or that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or parents or legal guardians, where applicable) who are shown in the material;

(b) all materials submitted were either created by you, you have the right to permit Timeless DVD to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted materials;

(c) no materials submitted are libelous, obscene, offensive, pornographic, inappropriate, profane, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party; could give rise to any civil or criminal liability under applicable law; or promote bigotry, racism, hatred or harm against any individual or group;

(d) (i) you shall not violate, or encourage the violation of, the legal rights of others; (ii) intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (iii) interfere with the use of the website; (iv) alter, disable, interfere with or circumvent any aspect of the services provided through the website; or (v) send materials from a false or anonymous address.

By submitting an order, you understand that Timeless DVD is relying on these representations.

You also agree that you will indemnify, defend and hold harmless Timeless DVD from and against any and all damages, costs and expenses, including attorneys’ fees arising from claims or demands brought by any third party against Timeless DVD regarding the infringement of any copyright law or violation of other applicable federal or state law stemming from materials you submitted or arising from or related to your breach of these Terms of Use.

Due to the volume of its operation, Timeless DVD cannot fully inspect all the media submitted to it. However, there are instances in which Timeless DVD may discover that the transmission of media to Timeless DVD, the content of such media, and/or your specific request for services with regard to such media violates state and/or federal law. In the event of such discovery, Timeless DVD will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities. You hereby understand and agree that any submission or request that violates state or federal law will result in your forfeiture of any privacy rights you may have with respect to such media, including, but not limited to, any rights under Timeless DVD’s Privacy Policy.

Copyrighted Material

Timeless DVD will absolutely not convert or transfer any video, file, or disc that contains copyrighted content. Examples of material that fall into this category include movies, television programs, and music videos. Unless you own the copyright to these materials, you cannot submit them to our service.

Timeless DVD is committed to protecting copyrights and expects our users to do the same. You declare that all submissions are not in violation of any rights of any third parties, including intellectual property laws. Your submissions must be created by you or you have the permission of the intellectual property owner to convert or duplicate them.

Timeless DVD may request confirmation of the copyright or trademark ownership from the submitter. If Timeless DVD does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, Timeless DVD reserves the right to refuse service.

Timeless DVD takes its obligations under the Digital Millennium Copyright Act seriously and will respond promptly to any claims of copyright infringement submitted to it.

If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Timeless DVD’s service to Timeless DVD, 642 Cowpath Road, #281, Lansdale, PA 19446. When providing notice to Timeless DVD, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.

Non-assignable

Your rights and obligations under these Terms of Use are not assignable to any third party - voluntarily or by operation of law - without the prior written consent of Timeless DVD. Any assignment or purported delegation by you without Timeless DVD’s written consent will be null and void without legal effect.

Choice of Law

This contract is to be governed at all times by the laws of the State of Pennsylvania 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 Pennsylvania. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.

Arbitration and Choice of Forum

Any dispute or claim relating in any way to your use of Timeless DVD’s services, or your visit to the website, will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case attorney’s fees may be pursued.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Timeless DVD, 642 Cowpath Road, #281, Lansdale, PA 19446. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You agree that, if possible under all relevant rules, the arbitration will occur in the State of Pennsylvania. If it is not possible under all relevant rules for the arbitration to occur in Pennsylvania, then you agree that the arbitration may occur by telephone (which is usually cheaper and easier for both parties) or may be based on written submissions.

Disputes As Individuals

You and Timeless DVD 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.

Merger

This Terms of Use represents the full agreement between you and Timeless DVD. No other representations (besides the individual price quote you are given for Timeless DVD’s services), whether oral or written, form any part of your agreement with Timeless DVD. Additionally, this Terms of Use cannot be orally modified, even by Timeless DVD personnel, and no provisions of it can be waived by either party except in writing.

Severability

This Terms of Use represents the full agreement between you and Timeless DVD. No other representations (besides the individual price quote you are given for Timeless DVD’s services), whether oral or written, form any part of your agreement with Timeless DVD. Additionally, this Terms of Use cannot be orally modified, even by Timeless DVD personnel, and no provisions of it can be waived by either party except in writing.

Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party providers to our service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of our services (including negligent or wrongful conduct) by you (ii) any images, video or other content you submit through our service; and/or (iii) a claim that a submission infringes third party intellectual property rights.

These Terms constitute the entire agreement between you and Timeless DVD with respect to our service, and supersede all other communications, written or oral, with regard to the service. The failure of Timeless DVD to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

Timeless DVD Website Content

All content included on this website, including text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, and software, is the property of Timeless DVD and is protected by U.S. and international copyright laws. Items that are the property of Timeless DVD may not be used without written permission. The compilation of all content on the website is the exclusive property of Timeless DVD and is protected by both U.S. and international copyright laws.

Third-Party Links

The Timeless DVD website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Timeless DVD and Timeless DVD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Timeless DVD is not responsible for any other form of transmission received from any Linked Site nor is Timeless DVD responsible if the Linked Site is not working appropriately. Timeless DVD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Timeless DVD of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, Timeless DVD is under no obligation to link to any site.

Requests for Public Use

Occasionally, materials are submitted to Timeless DVD that would make great promotional materials, like a DVD case cover or a video. Before we publicly use any materials you submit to us, we will request the right to use them from you. You have the right to decline our use of those materials.

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