Those Were The Days Digitized Memories will make every effort to ensure that your items to be scanned will be kept safe and sound. But, just in case, this page displays our Terms of Service.
Any time you order from Those Were the Days Digitized Memories, whether in person or otherwise, you are agreeing to the following Terms of Service.
Limitation of Liability
Neither THOSE WERE THE DAYS DIGITIZED MEMORIES nor any of its employees, or agents (“TWTD”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (including, without limitation, damages for loss of business, profits, use or data) arising out of or relating in any way to TWTD’s provision of (or failure to provide) products or services. You specifically acknowledge that TWTD is not liable for any injury or loss of any materials submitted by you (“Customer’s Materials”) in the course of shipping or through fire, weather disaster, or other force majeure. Your sole and exclusive remedy for dissatisfaction with TWTD’s products is to obtain a refund, and your sole and exclusive remedy for dissatisfaction with services is to stop using the services.
Terms and Conditions
By using TWTD, you agree to the following terms and conditions:
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You retain ownership of your materials (“Customer’s Materials”), and you grant TWTD a non-exclusive, royalty-free, irrevocable right and license, with right of sublicense, to use, reproduce, and, create derivative works of the Customer’s Materials solely in connection with the production or provision of any product or service you request or to show you how your Customer’s Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the Customer’s Materials for production, packaging and shipment.
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You represent and warrant that you own or otherwise possess all rights with respect to the Customer’s Materials, and that the Customer’s Materials do not and will not infringe, misappropriate, use or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the Customer’s Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
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You agree that TWTD may refuse to use any Customer’s Materials (including, without limitation, suspending processing and shipping of any order relating to any Customer’s Materials) and/or disclose any Customer’s Materials (and the circumstances surrounding the use thereof) to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
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You agree to indemnify TWTD harmless from and against any and all claims and damages (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms; (ii) the Customer’s Materials; or (iii) your activities in connection with obtaining any products or services from TWTD.
