TERMS OF SERVICE FOR DAZZLE ON DISC
GENERAL
By using this service which is
accessed through the website www.dazzleondisc.com
and its supporting pages, you are agreeing to be bound by the following terms
and conditions: Be it known that you are
conducting business with ‘Dazzle On Disc’, a video production business based in
CONTENT
You understand that all information, data, text, photographs, video, graphics, messages or other materials ("Content"), whether publicly posted, privately transmitted or sent to DOD in any way are the sole responsibility of the person from which such Content originated. This means that you, and not DOD, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the service. By retaining DOD’s services, you (the client), certify that you are the owner of all Content submitted to us, or that you have obtained permission from the copyright owner to use any Content. You are solely responsible for, and assume all copyright liability for all content you submit. DOD is not liable for your (the client’s) violation of the DOD Terms of Service. Upon discovery of copyrighted materials not licensed for use in your Production, the materials will promptly be returned at your expense.
Under no circumstances will DOD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY MUSIC, MOVIES, IMAGES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.
We reserve the right to delete any content where we feel legally required to do so.
THE PRODUCTION DESIGN
DOD is granted full production and editorial control by you, the client, regarding all aspects of editing and creating the Production. In return, DOD agrees to work with you to create a Production that meets your specifications, but cannot guarantee it. DOD agrees to make a good faith effort to incorporate your suggestions and ideas, technical and aesthetic, into the Production in the allotted time prior to its due date. The client is to make all design and editorial suggestions at the time of their ordering by using DOD’s Production Design Form found on the Order Page of our website. After you have received the Production, changes can be made free of charge only if titles, captions, names, dates, quotes are incorrect according to the Production Design Form filled out by you.
Every possible attempt is made to include every photo sent to us. However, DOD does not undertake to guarantee any specific picture be included in the Production. Considering that certain photographs, depending on their quality and visual appearance, are impossible to scan and/or include in the presentation, DOD reserves the right to eliminate photographs from the Production. Photos considered to be obscene or offensive will be deleted. We also reserve the right to crop, color correct, or retouch any photograph used in the Production to increase visual appeal. DOD is not responsible for photographs that appear to be slightly darker/lighter than the original prints, as specific colors may not appear to be the same on a television screen. All attempts will be made, however, to produce accurate representation of each photo.
The client is responsible for numbering each photograph for the purpose of specifying the order in which they are to appear. A recommendation for how to do this is outlined in DOD’s Details Page on our website. DOD will make every attempt to place the photos in the exact order requested, but does not guarantee the exact order specified. DOD assumes the right to alter the order requested by the client (the order may be slightly changed to increase visual appeal, to help the "flow" of the Production, etc.) If no order is specified, DOD will attempt to categorize the photos chronologically. In this case, DOD is not responsible for photos that appear in the incorrect order.
DOD agrees to make every attempt possible to verify all information given by the client in the online Production Design Form. It is the ultimate responsibility of the client, however, to ensure that all information provided on this form is correct prior to submission. In the event that the incorrect information is included in the Production as a result of incorrect information provided in the order form (e.g. misspelled name, incorrect date, wrong background choice, etc.), it is your financial responsibility to pay for an edited copy with the correct information.
All DOD Productions are produced for a Standard television format (4x3) of 720 pixels by 480 pixels, as it is in our opinion that this format is more appropriate for audiences for which we usually are producing (i.e. wedding parties, retirements, etc.). Wide-screen formatting is available at an extra cost, but keep in mind that most standard formatted movies lend well to stretching into wide-screen in most contemporary television sets. High Definition Productions are currently not available through DOD. Our Productions, when created on digital video disc (DVD), are produced on DVD-R 8X media, and it is the customer's responsibility to assure that his/her DVD player will play said media. DOD will not be held liable for assuring that the media will play on the customer's player nor will be held to damages as a result. For more information on DVD compatibility we recommend that the customer visit: www.videohelp.com/dvdplayers. The Production, when in DVD format, will include one black DVD case.
PAYMENT
All of our online transactions are handled by PayPal, via a secure website utilizing Secure Sockets Layer protocol (SSL). We do not have access to any credit card or bank account information provided by visitors to PayPal. For more information please see PayPal's privacy policy and security center. Full payment is due at time of ordering.
SHIPPING/MATERIALS
We are not responsible for lost or damaged materials, packages, or Productions. The shipping and handling (S&H) charges to send materials and/or content to us is the responsibility of you, the client. We will not reimburse shipping or packing costs, unless stated specifically by DOD. We do not guarantee shipping delivery times, but will consult with you to adjust the shipping method if we think it necessary to meet your delivery deadline. We are solely responsible for the packing of the completed product and original materials to be returned to the customer.
COPYRIGHT
The Copyright of all Productions is retained by DOD. Reproduction by video or any other means is prohibited. Original files remain the property of DOD and may be used for advertising, display, or any other purpose seen appropriate in the marketing/promotion of its business. In return, DOD agrees to use the same in good faith and in good taste.
Regarding professional portraits: photographers hold all copyrights to their images, and must agree to their use in your Production. If your photographer has questions or concerns, they may contact us directly. We will be happy to make arrangements with the photographer to include their company logo at the end of the Production if requested. Also, upon the request of your photographer, if a royalty is required to be paid for your photo’s inclusion in the Production, then these details will be referred to you and the respective Photographer to work out. Payment of these royalties is your responsibility and not DOD’s. Simply not informing DOD about the use of a photographer’s copyrighted materials does not exempt you from your responsibility to pay royalties after the Production is already created and/or shipped.
EXTENUATING CIRCUMSTANCES
The due performance of this agreement is subject to alteration or cancellation by DOD owing to any cause beyond their control. DOD takes the utmost care in respect to processing, designing, and transporting your Production. Every care is taken in designing and processing using professional materials. In the unlikely event of total technological failure, or any extenuating circumstances that prevent DOD from shipping or uploading the Production on time, DOD's liability shall be limited to a full refund of all money paid for the Production. Because we must rely on outside carriers to deliver packages, DOD is not responsible for Productions, materials and all Content lost during shipment or Productions that do not arrive on time due to mishandling by an outside carrier. In the event that a Production does not arrive by the date promised by the outside carrier, a tracking number will be provided to the client to verify the package was sent on time. DOD will also ship a new Production to the client at no cost. Clients are urged to order their Production at least two (2) weeks in advance, to prevent last-minute shipping mishaps. In the event that a Production is damaged during the shipping process, DOD will ship a new video to the client (at no additional cost) upon the client's return of the damaged video.
NO WARRANTY
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the service will be corrected.
INDEMNIFICATION
You agree to indemnify and hold DOD harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, the violation of these Terms of Use by you, the infringement by you (or other user of the service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DOD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE OR PRODUCTION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You, the client, being of lawful age, in consideration of allowing DOD to proceed with their services to create a Production, do hereby WAIVE, RELEASE, and DISCHARGE the DOD, their heirs, executors, administrators, legal representatives and assigns from all liability for or by reason of any damage, loss or injury to person and property, which has been or may be sustained in consequence of the Production, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the DOD.
I understand that this Terms of Service agreement is binding on me, my spouse, my heirs, my executors, administrators, personal representatives and assigns.
CLIENT AGREEMENT
It is mutually agreed that these Terms of Service form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by DOD in writing. These Terms of Service contain the entire agreement between the parties, are contractual and not a mere recital.
You hereby acknowledge and agree that you have carefully read this Terms of Service agreement, that you fully understand same, and that you are freely and voluntarily executing same.
This Terms of Service Agreement
will be construed in accordance with and governed by the laws of the State of
If you feel that DOD is not following its above stated terms, or if you have any questions or comments about our Terms of Service, please contact us at (619) 994-5541.