We
make all reasonable efforts to ensure that your media (including but
not limited to film, negative, slide, artwork, digital media;
collectively hereinafter referred to as “YOUR MEDIA”) is handled safely
and appropriately in all circumstances. However, despite our care and
attention to detail while processing, scanning, handling, or storing
YOUR MEDIA (“OUR SERVICES”), the possibility exists that errors may
occur, that equipment and technology may fail, and that YOUR MEDIA may
be lost, damaged, or destroyed during the performance of OUR SERVICES.
By submitting YOUR MEDIA to us, YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE that:
- We
are not liable for any loss, damage, or destruction of YOUR MEDIA, even
when due to our negligence and fault while performing OUR SERVICES.
- Your
exclusive remedy against us is the replacement of YOUR MEDIA which has
been lost, damaged, or destroyed by OUR SERVICES with a like amount of
raw media (“YOUR MEDIA REPLACEMENT”).
For example: If YOUR MEDIA
includes three rolls of film, and we lose, damage, or destroy one of the
three rolls of film while performing OUR SERVICES, you are entitled to
receive from us one roll of unexposed film of like quality and character
to the roll that was lost, damaged, or destroyed. - Except
for YOUR MEDIA REPLACEMENT as defined herein, the performance of OUR
SERVICES on YOUR MEDIA is without any other warranty or liability, and
you hereby waive, disclaim, and release us from all other claims,
remedies, and recovery for any loss, destruction or damages of YOUR
MEDIA, including incidental or consequential damages.