
| Additional Information Important- Please Read before Submitting By submitting/supplying tapes or other materials to Tzen Digital Archives, you the customer, do understand and agree that Tzen Digital Archive’s liability for any loss, damage, or delay to tapes or other provided material during the transfer process or while in transit will be limited to the replacement cost of a new tape or video cassette of similar size and or format. Except for such replacement, Tzen Digital Archives shall not be liable for any loss or damage, direct, consequential or incidental by customers use of Tzen Digital Archive’s service. To the best of my knowledge the video material I am submitting to Tzen Digital Archives for transfer and or conversion is not protected by copyright. TERMS AND CONDITIONS Our mission at Tzen Digital Archives is to preserve and enhance dance and arts related video in an easy to use long lasting format. Please find on this page Tzen Digital Archives Terms and Conditions that may help to address some questions you have about our service. Tzen Digital Archives reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. These Terms are void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. 1. Your submissions In these Terms, "Material" will mean any and all content (including, but not limited to, Converted Material), data, text, images, and sounds, and other material and information that you provide to Tzen Digital Archives. Under these Terms, you shall NOT submit to Tzen Digital Archives any of the following Material or attempt to obtain any such Material using the Service: Any Material that violates, or could give rise to any civil or criminal liability under applicable law. Any Material that could infringe a right of privacy, publicity, copyright, or other proprietary right without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. Any Material sent from an anonymous or false address. Tzen Digital Archives will have no responsibility for reviewing any Material you submit or otherwise provide, and you will be fully liable for all Material. Tzen Digital Archives, in its sole discretion, reserves the right to delete, move or edit any submission that it believes is in violation of or could give rise to any civil or criminal liability under applicable law, or for any other reason. Furthermore, Tzen Digital Archives may deny services to you for any particular submission at any time for any reason (or no reason). You should also be aware that if Tzen Digital Archives becomes aware that any Material submitted by you is in violation of these Terms, or that Tzen Digital Archives believes that any Material violates these Terms or any law, Tzen Digital Archives reserves the right to remove access to such Material, and deny Service. Tzen Digital Archives procedure for dealing with such Material is further set forth in our Compliance Policy. You should also be aware that Tzen Digital Archives would report certain types of Material to the appropriate authorities if Tzen Digital Archives believes that such Material violates any law or regulation. You hereby grant to Tzen Digital Archives all rights necessary to perform the Services exclusively for you, including, without limitation, the right to publish, display, copy, modify, transmit, distribute, or otherwise use any Material you submit. 2. Privacy When you make contact with Tzen Digital Archives, you need to provide some personal information, such as your name, e-mail address, and shipping address. We protect and use this information as set forth in our Privacy Policy. You acknowledge that in the event Tzen Digital Archives as a company is acquired, the acquirer will have access to such information on the same terms as these Terms and that this will not be considered a disclosure. We may disclose non-personally- identifiable information in aggregate form. 3. Claims Any action there under must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims there under shall be governed by and construed in accordance with the laws of the United States without regard to conflicts of laws provisions thereof. 4. Export You are responsible for compliance with all local laws, and you are required to comply with US export laws and regulations when you use or export any software or materials provided through the Service. 5. Satisfaction guarantee. If you are not satisfied with the VCD, SVCD and or DVD provided as part of our VCD, SVCD and or DVD conversion Service, you may return the VCD, SVCD and or DVD for a full refund, as long as you do so within 30 days of receipt and otherwise follow the Return Policy available on request. 6. Disclaimer of warranties THE TZEN DIGITAL ARCHIVES COMPANY, THE SERVICE AND ANY MATERIALS ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TZEN DIGITAL ARCHIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TZEN DIGITAL ARCHIVES MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. TZEN DIGITAL ARCHIVES MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH TZEN DIGITAL ARCHIVES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 7. Limitation of liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL TZEN DIGITAL ARCHIVES, IT AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, EVEN IF TZEN DIGITAL ARCHIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF TZEN DIGITAL ARCHIVES, ITS AGENTS AND EMPLOYEES, FOR ANY LOSS OR DAMAGE TO YOUR VIDEOTAPES OR OTHERWISE IN CONNECTION WITH SERVICES PROVIDED BY TZEN DIGITAL ARCHIVES SHALL NOT EXCEED THE PRICE OF YOUR ORDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 8. Miscellaneous We may assign or delegate our rights and responsibilities there under without notice to you. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. No changes or modifications or waivers to these Terms will be effective unless in writing and signed by both parties. COPYRIGHT POLICY Tzen Digital Archives has adopted the following approach on copyright infringements. It is Tzen Digital Archives policy to: (a) Block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our member or users; and (b) Remove and discontinue any services to repeat offenders. SATISFACTION GUARANTEE Every purchase you make at Tzen Digital Archives is protected by our 30-day satisfaction guarantee so you can feel confident using Tzen Digital Archives to preserve your artwork. Tzen Digital Archives cannot guarantee refunds for any items without a return authorization number. You can obtain a return authorization by e-mailing thunderingzen@aol.com with the Subject "Returns". All refunds will be issued to the payment method used for the original purchase. "Make Good" Here at Tzen Digital Archives we strive to make every transfer or edit as close to perfect as humanly possible. However, sometimes mistakes are made. If there were a problem with your VCD, SVCD and or DVD or any other product that we can "make good," we would like the opportunity rectify the situation. Follow the RETURNS procedure above to bring to our attention any qualifying mistakes. If the problem is caused by our error, the "make good" gesture will be free of charge. If, however, the problem was caused by something that was beyond our control we will ask you to contribute 50% of the nominal service fees, plus any priority shipping charges if applicable. An example of this could be, if you want us to change a title on the VCD, SVCD and or DVD that Tzen Digital Archives has rendered faithfully from your order, we would charge you 50% of the original cost of that VCD, SVCD and or DVD. Other Considerations Tzen Digital Archives reserves the right not to attempt to fix a problem if, in the opinion of our professional operators, the problem can't be fixed using our standard services and or technologies. If this is the case, you will be offered the option of retaining your original item as is, or returning it for a 100% refund. Tzen Digital Archives reserve the right to withhold future services from our customers who abuse this satisfaction guarantee. Terms and Conditions |