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Production Agreement &
Privacy Statement
USE OF OUR
SERVICES INDICATES YOUR ACCEPTANCE OF THE FOLLOWING AGREEMENT
SERVICE
AGREEMENT - Version 1.02
This User
Agreement was last revised on March 2, 2002.
The following describes the terms by which Gabriel Espinosa,
DBA Furryllama Web Consulting & furryllama.com &
transfer-movies-to-dvd.com, offers you access to our services;
This Agreement describes the terms and conditions that are
applicable to your use of our production services sponsored by
our online websites at www.furryllama.com &
www.transfer-movies-to-dvd.com. If you have any questions
regarding this agreement please email us as
admin@furryllama.com. It is important that you understand we
may alter this Agreement at any time by posting the amended
User Agreement or amended section of the User Agreement on our
site on the News page. Except as stated below, all changes to
this agreement shall automatically become effective 10 days
after they are initially posted on our News page. This
Agreement may not be otherwise amended except in writing and
signed by you and Gabriel Espinosa.
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Description of Services.
Gabriel Espinosa, operating as a legal DBA entity within
the United States, offers CD/DVD conversion & media
restoration & Videography services to customers. Source
media (to be converted and/or restored) may consist of any
form of motion or still video and/or audio that the client
presents. Gabriel Espinosa may be limited in capability to
read and/or convert such media, in which case it will remain
the discretion of Gabriel Espinosa to outsource any portion
of the client's project to a third party established vendor
service for assistance. Customer will be wholly responsible
for media exchange by determining the method of transport
(default method is UPS w/$100 insurance). Customer will be
wholly responsible for the final CD/DVD and/or restoration
resulting from the quality of the source media submitted for
conversion/restoration. Fees and penalties shall be defined
prior to the beginning of any project and Gabriel Espinosa
will reserve to right to terminate any project at any stage
without penalty pending a full refund, less shipping and
communications expenses, to client. Any additional services
offered to users by http://www.furryllama.com &
www.transfer-movies-to-dvd.com shall be subject to the terms
of this agreement.
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Service Eligibility.
Our services are available only to individuals who can
form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to
minors. If you do not qualify, please do not use our
services.
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Refunds & Penalties
Refunds will not be granted for any reason unless it is
determined by Gabriel Espinosa that an error was made in the
production process of creating a client's CD/DVD or
restoration media or Videography or if Gabriel Espinosa did
not comply with written instructions submitted to,
acknowledged by and approved by Gabriel Espinosa from client
prior to the beginning of said production. Because verbal
communications are subject to translation and interpretation
it will remain the responsibility of the client to document
and obtain approval and pricing from Gabriel Espinosa on any
instruction pertaining to the CD/DVD and/or restoration
project and/or Videography. Should the client not provide
such written requirements and obtain approval from Gabriel
Espinosa, prior to the start of production the client may be
responsible for additional fees should post production
changes be required.
Customer
will be wholly responsible for media exchange by determining
the method of transport (default method is USPS w/$100
insurance). Customer will be wholly responsible for the
final CD/DVD and/or restoration resulting from the quality
of the source media submitted for conversion/restoration.
We may
change our Fees and Claims Policy and the fees for our
services from time to time. We may also choose to
temporarily change our Fees and Credits Policy and the fees
for our services for promotional events and such changes are
effective when we post the temporary promotional event on
our News page. We may in our sole discretion change some or
all of our services at any time. In the event we introduce a
new service, the fees for that service are effective when
that new service is made available to you. Unless otherwise
stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees associated with using our
service and our website and all applicable taxes and
penalties.
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Only a Venue.
Subsection 4.01 Overview.
Our websites, http://www.furryllama.com &
www.transfer-movies-to-dvd.com, act as the venues for
clients to request, submit, review and approve CD/DVD
and/or restoration and/or video related materials and media.
Subsection 4.02 Safe Exchange.
Because authentication of individuals on the Internet is not
a proven process, Gabriel Espinosa, DBA Furryllama Web
Consulting, cannot and does not confirm each client's
purported identity.
Subsection 4.03 Release.
Because we take measures to prevent damage and loss to a
client's original source media you agree to hold harmless
Gabriel Espinosa, DBA Furryllama Web Consulting, (and our
officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes.
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Payments.
Gabriel Espinosa, DBA Furryllama Web Consulting, will
act as a medium of exchange between clients and our CD/DVD
production & Restoration & Videography studio by accepting
and authorizing payments for services rendered. As the
accepted medium of exchange between clients and our CD/DVD
production & Restoration & Videography studio, we will
provide a method of payment acceptance for buyers to include
but not limited to certain types of money orders, bank
checks, business checks and/or personal checks. Clients will
be liable for any expense arising from the return or
charge-back of any payments submitted for intellectual
property purchases. The CD/DVD media we produce for clients
cannot be erased or re-written therefore all sales are final
with the exception of filing a claim within twenty four (24)
hours following receipt of the resulting CD/DVD media. It
will remain the discretion of Gabriel Espinosa as to the
action to be taken in such case.
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Fraud.
Without limiting any other remedies, Gabriel Espinosa,
DBA Furryllama Web Consulting, may suspend or terminate our
services for any reason and at any time without notification
or cause. Use of our CD/DVD production and/or restoration
services and/or Videography is a privilege that we control
at all times and may revoke at our discretion. You may have
only one active relationship with us at any one time and may
be denied services if we find your information questionable
or unverifiable or if we have identified your source media
as being licensed by any third party.
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Your Information.
Subsection 7.01 - Definition of Your Information.
"Your Information" is defined as any information you provide
to us or other users in the registration, purchasing,
audio/video, graphical, material, in any public message area
(including the feedback area) or through any email/mail
service. You are solely responsible for Your Information,
and we act as a passive conduit for the conversion of and/or
publication of Your Information. With respect to Your
Information:
Subsection 7.02 - False Information.
Your Information (or any Media Property listed therein): (a)
shall not be false, inaccurate or misleading; (b) shall not
be fraudulent or involve the sale of proprietary or
confidential information not owned by you or your company or
organization for which you are authorized to disclose; (c)
shall not infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (d) shall not violate any
law, statute, ordinance or regulation (including without
limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false
advertising); (e) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) shall
not be obscene or contain child pornography; (g) shall not
contain any viruses, Trojan horses, worms, time bombs,
cancel-bots or other computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information; (h) shall not create liability for us
or cause us to lose (in whole or in part) the services of
our ISPs or other suppliers; and shall not link directly or
indirectly to or include descriptions of goods or services
that are prohibited under this Agreement. Furthermore, you
may not post any item on our site (or consummate any
transaction that was initiated using our service) that, by
paying to us the posting fee or the final transaction fee,
could cause us to violate any applicable law, statute,
ordinance or regulation.
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Copyright.
All content posted and/or stored on
http://www.furryllama.com & transfer-movies-to-dvd.com, such
as text, images, graphics, logos, icons, audio, video,
patterns, plans, and software (collectively, "Content") is
the property of Gabriel Espinosa, DBA Furryllama Web
Consulting, or its content suppliers and is protected by
copyrights or other proprietary rights. All Content is
copyrighted by Gabriel Espinosa, DBA Furryllama Web
Consulting, as a collective work under the U.S. and
International copyright laws, conventions, and treaties. You
may not modify, publish, transmit, sell, display or in any
way commercially exploit any of the Content, in whole or in
part, without the prior written consent of Gabriel Espinosa,
DBA Furryllama Web Consulting. If no specific restrictions
are displayed, you may make copies of select portions of the
Content if (1) the copies are made only for your personal,
non-commercial use; (2) you do not modify the materials in
any way; and (3) you do not delete or change any notices
contained in the Content, such as copyright, trademark or
other proprietary rights notices. Except for such personal
copies, you may not copy, download, list or distribute
Content protected by copyright or other proprietary rights
without obtaining the prior written permission of the owner
of the copyright or other proprietary right.
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Trademarks.
"Gabriel Espinosa," and http://www.furryllama.com &
www.transfer-movies-to-dvd.com logos and other related marks
which may appear on http://www.furryllama.com &
www.transfer-movies-to-dvd.com, are the registered
trademarks, trade names, or service marks of Gabriel
Espinosa (collectively, "Trademarks"). The Trademarks may
not be used, copied, modified or distributed in any way.
Nothing contained on http://www.furryllama.com &
www.transfer-movies-to-dvd.com should be viewed as giving
you any license, partnership or right to use any Trademark
without the expressed written permission of Gabriel
Espinosa, DBA Furryllama Web Consulting.
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Use of Information.
Solely to enable Gabriel Espinosa, DBA Furryllama Web
Consulting to use the information you supply us with, so
that we are not violating any rights you might have in that
information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise
the copyright and publicity rights (but no other rights) you
have in Your Information, in any media now known or not
currently known, with respect to Your Information. Gabriel
Espinosa, DBA Furryllama Web Consulting, will only use Your
Information in accordance with our Privacy Policy.
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Breach.
Without limiting other remedies, we may immediately
issue a warning, temporarily suspend, indefinitely suspend
or terminate our services and refuse to provide our services
to you: (a) if you breach this Agreement or the documents it
incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we
believe that your actions may cause legal liability for you,
our users, our members or us.
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Privacy.
We will not divulge your information to any third party
without your expressed consent other than partners we may
include assisting us with the process of
converting/restoring your source media to the desired
format. We may, however, divulge your email address
indirectly when communicating to you via email. Use of your
email address will be restricted to the purposes of our
exchange including information exchange, solicitation and
reminders.
- No
Warranty.
We and our suppliers and providers provide our web site
and CD/DVD production & Restoration & Videography services
"AS IS" and without any warranty or condition, express,
implied or statutory. We and our suppliers and providers
specifically disclaim any implied warranties of title,
merchantability, fitness for a particular purpose and
non-infringement. Our CD/DVD production systems act as
translator in the conversion of source media to CD/DVD.
Source media that cannot be understood by our systems due to
format, quality or other reason may result in a CD/DVD, in
whole or in part, that cannot be deciphered (read) by
particular CD/DVD playback systems or any CD/DVD playback
system. The source content owner is wholly responsible for
the quality of source media and resulting CD/DVD product.
Our systems hold no particular bias for various format
differences.
Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you
may also have other legal rights, which vary from state to
state.
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Liability Limit.
In no event shall we or our suppliers or providers be
liable for lost profits or any incidental or consequential
damages arising from or in connection with our web site,
production services or this agreement. However, arising,
including negligence.
Our
liability, and the liability of our suppliers and providers,
to you or any third party or parties in any circumstance is
limited to the greater of (A) the amount of fees you pay to
us in the 12 months prior to the action giving rise to
liability, and (B) $100. Some states do not allow the
limitation of liability, so the foregoing limitation may not
apply to you.
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Indemnity.
You agree to indemnify and hold us and our subsidiaries,
affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or
the rights of a third party.
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Legal Compliance.
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our
production services and your dealings with the resulting
media.
- No
Agency.
You and Gabriel Espinosa, DBA Furryllama Web Consulting,
are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee
relationship is intended, implied or created by this
Agreement.
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Notices.
Except as
explicitly stated otherwise, any notices shall be given by
postal mail to Gabriel Espinosa DBA Furryllama Web
Consulting. Attn: Legal Division 58 Brook Trail, Greenwood
Lake, NY 10925 or to the email address provided during the
CD/DVD production and/or restoration and/or Videography
registration process (in your case). Notice shall be deemed
given 24 hours after email is sent, unless the sending party
is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address
provided to Gabriel Espinosa, DBA Furryllama Web Consulting,
during the new member registration process. In such case,
notice shall be deemed given 3 days after the date of
mailing.
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Arbitration.
Any controversy or claim arising out of or relating to
this Agreement or our services shall be settled by binding
arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in Greenwood Lake, New York, and judgment
on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or Gabriel Espinosa,
DBA Furryllama Web Consulting, may seek any interim or
preliminary relief from a court of competent jurisdiction in
Greenwood Lake, New York necessary to protect the rights or
property of you or Gabriel Espinosa, DBA Furryllama Web
Consulting, pending the completion of arbitration.
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Additional Terms.
The following documents are incorporated by reference:
Subsection 24.1
We may change our Privacy Policy from time to time and we
will provide you with at least thirty (30) days' notice of
the changes via a convenient means.
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General.
This Agreement shall be governed in all respects by the
laws of the State of New York as such laws are applied to
agreements entered into and to be performed entirely within
New York between New York residents. We do not guarantee
continuous, uninterrupted or secure access to our services,
and operation of our site may be interfered with by numerous
factors beyond our control. If any provision of this
Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall
be enforced. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
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Disclosures.
The services hereunder are offered by Gabriel Espinosa,
located at 58 Brook Trail, Greenwood Lake, NY 10925. If you
are a New York resident, you may have this same information
emailed to you by sending a letter to the foregoing address
with your email address and a request for this information.
Parental control protections (such as computer hardware,
software, or filtering services) are commercially available
that may assist you in limiting access to material that is
harmful to minors.
PRIVACY STATEMENT
The
information you share with us, including your video tapes and
media you send us, will never be shared with any third party
without your permission unless we must outsource a portion of
your project to one of our partner CD/DVD production or
replication or restoration companies. We consider your
information highly confidential and vigorously enforce our
privacy policy within and beyond our company when handling
customer information and video / audio assets.
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