DittoBee's Terms of Service - Scanning
Thank you for choosing DittoBee for your photo scanning needs. These Terms and Conditions (the "Terms") govern the scanning, storing and transferring of submitted photographs (a "Submission") provided by DittoBee (the "Service"). By submitting your order indicates that you have read and understood, and agree to be bound by, these Terms and creates a binding legal contract. Please carefully read the following Terms and if you have any questions contact us at 888-993-4886 or support@DittoBee.com.
TRADEMARK, COPYRIGHTS AND CONTENTS
• You represent and warrant that: (a) you own all rights (including, without limitation, copyrights) in your Submission or, alternatively, you have acquired all necessary rights (including, without limitation, copyrights) in your Submission to enable DittoBee to scan, store, transfer, display, manipulate, modify, or transmit your Submission and perform any other function to the extent required to complete your requested order; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your Submissions, and DittoBee will not be responsible for such obligations; (c) you are the individual pictured in your Submission, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) to use such Submission; and (d) your Submission is original and does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to DittoBee upon DittoBee's request.
• You acknowledge that DittoBee does not necessarily pre-screen Submissions prior to performing the Service, but that DittoBee may pre-screen or review your Submission for any reason, including, without limitation, for compliance with these Terms. DittoBee shall have the right to refuse any Submission that, in its sole discretion, violates or may violate the Terms or is otherwise objectionable, and, if DittoBee has commenced the Service, is under no obligation to complete the Service for such Submissions.
• Submissions depicting child, elderly or domestic abuse, animal cruelty or pornography will not be accepted or scanned by DittoBee in its sole and absolute discretion. Artistic nudity is permitted based on our sole judgment on the materials in question.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
• DittoBee provides no warranties whatsoever and you expressly agree that use of the Service is at your own risk. The Service and all products created in connection with the Service are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, DittoBee and its affiliates expressly and without limitation disclaim any and all warranties of any kind, whether expressed, statutory or implied, including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, security, timeliness, reliability and performance of service.
• You submit your Submission entirely at your own risk and discretion. DittoBee and its affiliates make no warranties or representations about the accuracy or completeness of the Service or the products created in connection with the Service. DittoBee does not assume any liability or responsibility whatsoever for any: (i) errors, mistakes, or inaccuracies of content , (ii) personal injury of any nature whatsoever resulting from the Service, (iii) physical or property damage, or any other type of damage, theft or loss that may in any way result from the use of the Service and/or any product created in connection with the Service, including, without limitation, lost, stolen or damaged Submissions and any accompanying materials, and/or (iv) any unauthorized access to or use of the Service and/or any and all personal information stored therein or in any Submission. You agree that you are solely responsible for any damage, theft or loss to your Submission or loss of data related to the Submission.
• DittoBee assumes neither responsibility nor liability, for loss, delay, damage or irregularity to your Submission in connection with any transport or delivery services provided by courier, independent representative, contractor, company, third party or mail services.
• To the fullest extent provided and allowed by law, DittoBee and its owners, officers, associates, agents, schools, groups, partners, fundraising organizations, parent, subsidiaries, any third party affiliates and employees shall not be liable for any direct, indirect, consequential, special, incidental, exemplary, or punitive damages even if DittoBee has been advised of, knew of or should have known of the possibility of such damages. Notwithstanding any failure of any limited remedy or essential purpose, the foregoing waivers, limitations and disclaimers shall apply.
• Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent DittoBee may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of DittoBee's liability shall be the minimum permitted under such applicable law.
• When you submit any digital or physical photos, negatives, slides or other materials to DittoBee you agree that you are solely responsible for any damage or loss to your photos, computer system or loss of data related to the submission of your material in any format to DittoBee. DittoBee does not assume any responsibility for any loss or any other type of damage that may in any way result from the use of its services.
CONDITIONS FOR SERVICE
As conditions of your use of the Service, you agree that you will not:
• Submit or otherwise transmit content that is harmful, threatening, defamatory, harassing, illegal, hateful, vulgar or invasive of another's privacy or otherwise objectionable or in violation of your representations and warranties set forth in these Terms;
• Submit or otherwise transmit content that you do not have a right to transmit as governed by any fiduciary or contractual relationship such as confidential, proprietary or inside information made known, disclosed or learned from you as part of any nondisclosure agreements or employment relationship or any content that infringes upon any trademark, copyright, trade secret, patent or proprietary rights of any party;
• Submit or otherwise transmit content that will harm minors in any way;
• Submit or otherwise transmit content that exhibit expressions of offensive language and imagery, abuse, obscenity, or pornography or any material violating any regulations or laws of any governing body having jurisdiction over DittoBee, its employees, users or affiliates, or that could give rise to civil or criminal activity under applicable federal or state laws governing Ditto Bee, its employees, users or affiliates, including, but not limited to, child pornography, depictions of minors engaged in sexual conduct, sexual situations or child abuse.
You agree to indemnify, defend, and hold harmless DittoBee, its parent, subsidiaries, affiliates, officers, directors, employees, consultants, associates, agents, schools, groups, partners and fundraising organizations from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) relating to or arising from (a) any information (including, without limitation, your Submission or any other content) you provide to DittoBee; (b) your use of the Service; (c) your violation of these Terms; and/or (d) your violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. DittoBee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DittoBee in asserting any available defenses.
TERMINATION OF SERVICE
DittoBee may terminate or suspend any and all DittoBee services immediately, without prior notice or liability, if you breach any of these Terms. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to these Terms shall be an appropriate federal or state court located in Miami, Florida and you hereby expressly consent to personal jurisdiction in such courts and waive all venue, jurisdiction and choice of law challenges or defenses.
These terms and conditions incorporate herein constitute the entire agreement with respect to access to and use of the Service. If any provision of these Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. DittoBee's failure to enforce any provision or right in these Terms shall not constitute a waiver of such right or provision or any other rights or provisions herein. DittoBee reserves the right to change these Terms at any time, for any reason, and without notice. It is your obligation to check on DittoBee.com on these Terms from time to time. The section titles in these Terms are for convenience only and have no legal or contractual effect.
BY SUBMITTING AN ORDER TO DITTO BEE, YOU AGREE TO THE TERMS AND CONDITIONS AS STATED ABOVE.