Terms of Service, Legal and Copyright
LIMIT OF LIABILITY
Submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, to DOMARA, LLC d/b/a Digital Piksa [the company] for processing, scanning, printing, or other handling constitutes an AGREEMENT by you that any damage or loss by our company, subsidiary, or agents, will not entitle you to any recovery and no warrantee is entered into. PLEASE READ CAREFULLY, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES FOR ANY REASON FOR ANY SERVICE PROVIDED BY THE COMPANY. THE COMPANY'S services are provided as is and without fault and hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of accuracy or completeness of any provided service. You agree to be limited to a refund up to the amount of the disputed transaction and no additional incidental, punitive, indirect, consequential negligence or any reason is granted or warranted. The acceptance by our company, subsidiary and/or agents of the film, print, slide, negative, scanning or digital media and original photos for processing is without other warranty or liability, and recovery by anyone for any incidental or consequential damages is excluded irrespective of whether the damage occurs because of our negligence, breach of contract, strict liability or other cause. Digital Piksa does not assume any liability, whether lost or damaged by fire, theft, negligence or any other means, for customer supplied materials such as photos, albums, video tapes, film,frames, paintings, artwork, etc., that are submitted with orders. We are not responsible for materials or orders left unclaimed for more than 30 days after completion of our service.
All prices and service specifications are subject to change without notice.
When purchasing any of our scanning services, once the photos have been shipped there are no cancellations or refunds. IN THE UNLIKELY EVENT THAT YOUR ORDER IS MISPLACED, LOST OR DAMAGED, YOU AGREE THAT THE COMPANY IS NOT LIABLE AND THERE WILL BE NO COMPENSATION OR PAYMENT OF ANY KIND. We assume no responsibility for any loss and/or damage to client's materials while it is transported by the mail carrier or transport companies, nor any liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which Digital Piksa has no control. These high-speed photo scans are designed to digitally preserve your regular photos. This is not designed to archive professional images with museum-quality clarity. There is no refund for high-speed photo scans and you understand and agree that we cannot guarantee the image quality of the reproductions or individual quality control your files due to the extremely high volume scanning operation. These scans are individually adjusted to get the highest quality scan from your image. You might opt for our .tiff uncompressed file format output. The Service is provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including the warranties of merchantability and fitness for a particular purpose, is expressly disclaimed. You understand and agree that the submission of any photographs for scanning and upload through THE COMPANY and DigitalPiksa.com is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photographs.
ADVISORY: THERE IS ALWAYS RISKS WHEN SHIPPING ANYTHING, NO MATTER WHICH COURIER OR DELIVERY SERVICE YOU SELECT. YOU UNDERSTAND AND AGREE NOT TO HOLD THE COMPANY, DIGITAL PIKSA, ITS EMPLOYEES, DIRECTORS, OWNERS OR AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE TO YOUR ORDER. YOU UNDERSTAND AND AGREE THAT THE COMPANY CANNOT AND WILL NOT WARRANTY OR GUARANTEE THAT YOUR ORDER WILL SAFELY ARRIVE, AND IT COULD GET LOST OR DAMAGED WHILE IN OUR POSSESSION OR DURING RETURN DELIVERY.
COPYRIGHT INDEMNIFICATION AGREEMENT AND COMPLIANCE:
You agree that all the photos, films, negatives, slides that you give or send to us, either physically or ship to us by postal service, belong to you or you have the proper rights or have been given permission to use them.
Permission of the photographer is necessary under federal copyright law to scan, copy or reproduce photographs and images that are copyrighted. Do not bring, send or provide us with any copyrighted photographs or images without the permission of the photographer. If you are not sure whether an order you want us to work on is copyrighted, please side with caution and refrain from submitting those photos, films, movies, slides, negatives. There are laws that protect copyrights. It is usually illegal to copy or digitally reproduce photographs, films, slides taken by others without their permission.
Digital Piksa, its agents will not knowingly or intentionally duplicate or accept any copyrighted materials, unless you are the owner or have permission to reproduce the work. By sending us your order you agree that you are the owner or have permission to reproduce the work. When photographs have a copyright symbol (©), or if in any other fashion, the pictures or images are copyrighted. If you do not already own the rights, it is your responsibility to obtain and include with your order a Release Waiver obtained and signed by the photographer. This will allow you to have the photograph(s) duplicated, restored, altered, copied or scanned. By submitting any order to Digital Piksa, you agree to release Digital Piksa, its agents, employees and directors of any and all obligations associated with the duplication, reproduction or scanning of the photographic image(s) that are submitted. You also agree that by submitting any work under this COPYRIGHT INDEMNIFICATION AGREEMENT that this is an unlimited release for your required work of materials that is or might be copyrighted and you grant Digital Piksa permission to print, scan, restore and work in your order under this agreement. You, in effect, grant full and absolute permission for Digital Piksa to reproduce the materials or take any other action it deems necessary to complete the required work assignment for you within a suitable time period.
By submitted any work to Digital Piksa, you agree that you either are the owner or have a valid waiver from the copyright owner and you agree to permit Digital Piksa to digitize or reproduce it for you, and you, nor anyone else, will hold any claims against Digital Piksa. You also guarantee and obligate yourself to confirming that you in fact hold the sole copyright to the materials submitted. All costs related to the work submitted are to be paid by you. You and/or the holder of the copyright are responsible for any and all legal disputes that may arise in relation to this COPYRIGHT INDEMNIFICATION AGREEMENT. Any infringement of this policy might be a violation of federal copyright laws.
By placing this order, you agree to these stated terms and conditions and agree that you either have permission or are the holder of all copyrighted work and grant full permission for Digital Piksa to digitize this work for you. By submitting any photographic imaging orders to Digital Piksa you agree to pay Digital Piksa the agreed to charges for all services provided, and to indemnify and hold harmless Digital Piksa, its employees, directors and its agents for all liability, damages and expenses (including reasonable actual attorney fees) it may incur as a result of its providing processing, scanning or other services and/or printing the photos, including any claims brought by any other person or company claiming an interest in the photos or in their subject matter. You agree to defend and indemnify Digital Piksa from all expenses and liability arising from your performing the requested activities at my request, regardless of legal theory, including violation of statute, your negligence.