Terms and Conditions
By using this website at dpsdave.com or otherwise submitting an order to our company doing business as DpsDave com LLC ("Company"), you agree to be bound by the following Terms and Conditions. These Terms govern your access to and use of the website and service ("Service"). By accessing our website or purchasing our services, you agree to these Terms. We reserve the right to modify these Terms at any time and will post such changes here.
By submitting any order with the Company, you are accepting the current pricing as published on our website at the time of order. Our website is the only official source for current rates and pricing.
There may be some items that are not listed on the website. If pricing for a particular item or service is unlisted, or for large complex orders, you may request an official quote in writing. Only an official quote on company letterhead - submitted physically or electronically by an authorized representative of the company - shall be considered binding. If we approve your request for a quote, there may be a fee associated with the preparation of such an official quote which may involve a significant amount of time organizing, examining and counting your materials. Any such fee will be reflected in your quote and be due immediately if you should decide not to use our services. In the absence of an official quote prior to processing, you agree to pay the Company's rates whether published on the website or, in the case of unlisted or unique items, the rates determined by the Company to be commensurate with the services provided.
When requested, we may try to give some estimate, as a courtesy, at the time of order based only on the rates published on the website. We may ask you roughly how long your videos are or approximately how many photos are being submitted for conversion. However, in no event shall any oral estimate be construed as an official, binding quote. There is little way for us to accurately estimate the quantity of photos or video footage before processing. If you provide a budget, we will attempt when feasible to call you when your order approaches your budget. However, in the absence of an official quote request, submitting an order is a binding agreement to pay for the transfer of all materials submitted.
Payment and Return Policy
Payment is due upon completion of the scanning phase of each order. For large orders, we may also charge a deposit before processing begins. For Will Call orders, if the customer fails to pick up their items within 14 days of invoice, we may add a shipping charge and ship all materials back to the customer.
Every order is carefully processed to our highest standards. If a customer is not satisfied with a service order, we will review the order and attempt to correct any potential issues to your satisfaction. However, service orders are not refundable.
We may provide estimated turnaround times upon package receipt for your convenience. These estimated times are not guaranteed. Only approved rush orders, with associated rush fees, will be provided a guaranteed turnaround date at the time of your order. If a rush order cannot be completed by the provided time, you are still responsible for whatever services have been completed by the time of pickup or shipment. Only the rush fee is refundable.
By submitting an order, you grant permission to ship your materials back to the address on file and charge you for any shipping and handling costs, including pickup or shipment insurance fees if applicable. For local orders, we will hold your items up to 14 days before preparing for shipment. We shall be under no obligation to hold your items beyond this time. It is your responsibility to provide us with an updated address as needed. At our own discretion, if you request your materials to be held longer, we will charge a storage fee of $15 per week. However, if you do not pickup as promised, we may ship your item at any point after the initial 14 days without further notification.
Further, any services purchased from DpsDave are pursuant to a shipment contract. This means risk of loss passes to us once your materials arrive at our offices and passes back to you upon transfer to the courier, either directly to their agent or when placed in a shipment dropbox. DpsDave is not responsible for any lost, late, misdirected or damaged mail. The shipping carrier to be used for any order is at the sole discretion of the Company.
Personal use agreement & warranty that submitted materials are free of copyright.
By submitting an order to DpsDave, you represent that you have full ownership rights to all materials submitted and that no materials that you have submitted are in violation of any copyright laws. You also agree to indemnify and hold harmless DpsDave and its employees or agents from any third party claims which may arise from unauthorized use of any submitted materials in violation of any existing copyright agreement. Due to the volume our operations, we cannot fully check every item submitted nor could we know whether or not the rights for a particular photo had been previously purchased by an individual. If any of our employees become aware of a likely copyright violation, we reserve the right to refuse service as required by law.
Any items under copyright protection are subject to the terms of the copyright holder. For example, if you had professional photos taken and the photographer charges $200 to make a print, you must obtain a signed waiver from the photographer to reproduce that image digitally or on print. If you purchased the rights to a professional image or a photographer is no longer in business, you accept full responsibility to determine exactly what rights are available to you and uphold the terms of those agreements. If you are to determine at a later point that an item was in fact under copyright protection, further reproduction or dissemination of that item is prohibited. If we are hosting your photos on our client portal, you must report it as soon as possible so we can remove those photos.
Disclaimer of Warranties
The SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. DPSDAVE, AND ITS LICENSORS, DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND DPSDAVE MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. DPSDAVE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. You ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Deadline For The Identification of Issues
If you have any issues regarding your order, including, but not limited to, allegations of lost or damaged media, you agree that you will communicate any such issue(s) to DpsDave’s support department within thirty (30) days of receiving the return delivery of your completed order. DpsDave DISCLAIMS ANY RESPONSIBILITY, AND YOU HEREBY AGREE TO ACCEPT FULL RESPONSIBILITY, FOR ANY ISSUES THAT ARE IDENTIFIED AND/OR COMMUNICATED TO DPSDAVE FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD. MOREOVER, DPSDAVE WAIVES ANY AND ALL WARRANTIES AND GUARANTEES ASSOCIATED WITH ANY SUCH ISSUES IDENTIFIED AND/OR COMMUNICATED TO DPSDAVE AFTER THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.
Limitation of liability.
By submitting media to DpsDave, you understand and agree that our liability is limited in the following ways: DpsDave’s website and all information, content, materials, and services included on or made available through this site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. We 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 or made available to you through it. DpsDave disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. DpsDave 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 and Conditions. 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.
By submitting media to DpsDave for any service, you agree that if any such media is lost or damaged by us, it will only be replaced with an equivalent blank media or the value of that blank media. So regardless of the content of any video tape or any personal sentimental value, we will only be liable for the replacement or cost of an equivalent blank physical media - a blank video tape. The handling of your media by us is otherwise without warranty or liability.
At our sole discretion on return shipments, we may add parcel insurance to protect against loss by a shipping provider such as UPS or FedEx. As described above, all responsibility for shipments is with the courier. While personal value is unlikely to be covered by UPS, for example, such insurance may help offset the cost of recreating your physical materials from digital files in the event of loss. We do not guarantee the availability of your files on our systems beyond order completion, but we do generally store files for at least a month.
Force majeure and acts of god.
In the event this clause applies, DpsDave is not liable for any loss, damage, delay, or non-performance of services to the full extent excused under applicable law. This clause applies if the 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 other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which DpsDave relies; or any other unforeseen and external occurrence for which DpsDave is not responsible and could not predict which is required for the performance of its obligations.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS DPSDAVE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY 3RD PARTY COPYRIGHT AND/OR PATENT CLAIMS OR DEMANDS
Choice of Law
The state and federal courts of Oregon are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Illinois.
You and DpsDave both agree that any dispute resolution proceedings, whether judicial or arbitrated, will only be conducted on an individual basis, and not in a class nor any other consolidated or representative action.
Modification of Terms
DpsDave may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by DpsDave will be prospective only.
These Terms constitute the entire agreement between you and DpsDave governing your use of all Services. In the case of inconsistencies between these Terms and any information included in other materials (for example, promotional materials, advertisements, oral discussion, phone or video recordings etc), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use our photo hosting services, with products fulfilled by outside vendors.
The failure of DpsDave to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction as invalid, the parties nevertheless agree that the court should strive to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.