| TERMS AND CONDITIONS
All services provided by, as well as all orders placed with
Burnit Studio, Inc. ("Burnit Studio"), an Oregon Corporation, and
the usage of Burnit Studio equipment and facilities by you or your
representative(s) ("Customer"), and for the account of Customer, are
subject to the following terms and conditions:
LIMITATION OF BURNIT STUDIO LIABILITY FOR MATERIALS SUPPLIED BY
CUSTOMER
Since the potential intrinsic value to Customer of the content of
videotaped, photographed or other material delivered to, deposited
with, or used by Customer at Burnit Studio clearly exceeds and bears
no relationship to Burnit Studio’s charges for equipment use,
editing, duplication, printing and other services; Burnit Studio,
assumes no responsibility for any loss of, destruction of, or damage
to, such materials arising from any cause whatsoever, including the
negligence of Burnit Studio or its employees. Customer hereby waives
any and all claims for consequential or non-consequential damages
with respect to the loss, damage, or destruction of any material or
media content against Burnit Studio.
Burnit Studio will ordinarily safely store Customer's materials,
without charge to Customer, until completion of the services that
have been contracted for up to thirty days. In addition, Burnit
Studio provides both safe physical storage and digital storage of
media on its servers for a fee. Burnit Studio reserves the right to
require Customer to remove materials from physical or digital
storage upon completion of the services, cancellation of a storage
or Internet streaming contract, or upon non-payment of any
contracted service, within thirty days of receiving written notice
from Burnit Studio. In the event Customer fails to remove said
materials within the 30-day notice period, Burnit Studio shall have
the right to destroy or otherwise dispose of the materials. Customer
shall indemnify and hold Burnit Studio harmless from all liability,
damages and expenses arising out of or connected with the
destruction or disposal of said materials.
CUSTOMER'S LIABILITY RE COPYRIGHT, DEFAMATION, AND PORNOGRAPHIC
CONTENT
1. Customer is required to have ownership and duplication rights
for all copyrighted material supplied
to or used at Burnit Studio.
2. Customer is advised that Burnit Studio is a family-friendly
establishment and that no pornographic
materials shall be accepted or permitted to be used on the premises
in any fashion at any time.
In the event of breach of either 1 or 2 above by Customer, Burnit
Studio reserves the right to cancel all work in progress without
refund of any prepaid monetary amounts for goods or services
rendered or about to be rendered for or by Customer.
Customer shall indemnify and hold Burnit Studio harmless against
all liabilities, suits, claims, damages and expenses (including
reasonable attorneys' fees) that could be issued against Burnit
Studio from any claim of defamation, invasion of privacy, or
infringement of any copyright, trademark, patent or other
proprietary right, which may arise either directly or indirectly by
reason of the services or goods provided at or by Burnit Studio for
Customer. This indemnity provision applies whether or not Customer
is the legal owner, or copyright owner; or agent, broker or other
intermediary for the legal owner of any material or content that
should come under any such question.
LIMITATION OF WARRANTY
Burnit Studio warrants that at all times it will make its best
professional effort to provide superior quality and integrity in all
services and finished product and material rendered for or provided
to Customer.
Customer understands that there exists a wide variety of
different media formats and associated duplication and reproduction
equipment and that these may range in usability from the already
obsolete to the latest in digital technology, and that therefore
total compatibility of any materials received or produced at or by
Burnit Studio cannot be guaranteed.
Burnit Studio gives no warranty and assumes no responsibility as
to the character, quality or compatibility with reproduction devices
of the material and/or services furnished by it. Customer is advised
to perform low cost tests for compatibility and/or suitability for
any purpose of the available media types and formats supported by
Burnit Studio prior to undertaking any major investment in time and
materials at Burnit Studio or prior to contracting Burnit Studio for
a major project.
All videography, editing, conversion and duplication services
performed by Burnit Studio for Customer, and/or all equipment and
supplies for such purposes offered for Customer’s use at Burnit
Studio are provided AS IS, without warranties of any kind, whether
expressed or implied to the fullest extent permissible pursuant to
applicable laws. Burnit Studio disclaims all warranties, expressed
or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose. Burnit Studio
does not represent or warrant that the services provided are
error-free or that defects can or will be corrected.
DISCLOSURE REGARDING CD AND DVD MEDIA (Computer Writable/Readable
Discs)
Customer is advised that CD and DVD discs are potentially fragile
in nature. This technology affords superior usability and
convenience for the distribution and enjoyment of data, image and
audio programming, but it is NOT designed for the long-term storage
(archival) of irreplaceable information. Some experts now believe
that some materials used in the current state-of-the-art manufacture
of these discs may deteriorate over a period of several years,
possibly rendering the media unreadable. In addition, scratches and
spills upon either surface of the disc, exposure to light, humidity
and temperature extremes, or other conditions, may also render the
discs unreadable. Customer is advised to take proper precautions
when handling and storing CD and DVD media. For long-term archival
purposes, Burnit Studio recommends the creation of an original
Master on Digital Video (DV) tape, with a backup copy on either
another DV tape, or (preferably) a removable computer hard drive
that is stored in a suitably controlled and safe location.
AGREEMENT AND GOVERNING LAWS
This constitutes the entire Agreement between Customer and Burnit
Studio, with the exception of delivery and final payment terms for
services or materials rendered, and shall supersede any prior
written or verbal agreements of any kind. Any additions or
alterations to these Terms and Conditions may only be made in
writing as an addendum thereto that is signed by both parties.
Customer acknowledges that you have read and understand these
Terms and Conditions, which are attached to Burnit Studio order
forms. By placing an order for services and/or delivering or mailing
materials to Burnit Studio, you are agreeing to these Terms and
Conditions and thereby making this a legal instrument between Burnit
Studio and Customer that shall be construed in accordance with, and
enforced and governed by the laws of the State of Oregon.
BURNIT STUDIO PRIVACY POLICY
Burnit Studio is committed to protecting the privacy of all
persons, and especially of our customers, and we will carefully
protect any confidential information that you or your agents or
representatives provide to us, including the nature and/or purpose
of any content or media left in our care.
We will not collect sensitive or private information from you
without your express consent. The personal information collected by
us is solely required for your and our protection. We may retain
this information in our database exclusively for our own marketing
and business purposes in processing your transactions, supplying you
with customer service, and otherwise communicating with you with
respect to our business relationship.
We may also use this information, and collect additional
information from you in the future, for the purpose of granting
credit facilities to you, should you request these.
We will never pass any of your information on to any third party
without your (or your legal heirs’) express consent unless we are
required by law to do so, in which case the information will only be
shared with an identified local, state and/or federal government
entity and upon proof of a legal requirement to do so.
WE SINCERELY APPRECIATE YOUR BUSINESS – THANK YOU. – The Burnit
Studio Management –
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