Terms of service
Visions Forever, Inc. (“Transfer Home Movies”, “we,” “us,” or “our”) owns, manages, and oversees the website, TransferHomeMovies.com (“Site”) and related services (collectively, our “Services,” further explained the next paragraph). By placing an order to purchase our Services (an “Order”), you (“Buyer,” “you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”).
Transfer Home Movies agrees, on a non-exclusive basis, to provide Services to Buyer, and Buyer shall, on a non-exclusive basis, purchase the Services from Transfer Home Movies. For purposes of clarity, Buyer understands that Transfer Home Movies receives from Buyer various personal items, including but not necessarily limited to personal (home-made) movies, videotapes, film reels, DVDs, CDs, Bluray, MiniDVDs, photos, slides, negatives, audio recordings, memory cards, digital media, and digital files (“Materials”). Transfer Home Movies takes the Materials, organizes and digitizes them (“Digitized Materials”) and transfers the Digitized Materials onto thumb drive, DVD, CD, and/or Bluray disc. Transfer Home Movies offers customer service and various communications with each Buyer during this process. Additionally, Transfer Home Movies provides project progress updates and order shipment tracking to Buyers. All of the foregoing services provided by Transfer Home Movies are understood variously and collectively as the “Services.”
When a Buyer makes an Order, Transfer Home Movies will send the Buyer a Confirmation e-mail with an order number (“Order Confirmation”), detailing the Materials provided and Services to be performed. For purposes of clarity, the Buyer agrees and acknowledges that these Service Order Terms prevail over any terms or conditions contained in any Order Confirmation, or other documentation, and these Service Order Terms expressly exclude any terms or variations issued by Buyer whether orally or in writing before, during, and after the provision of Services.
By making an Order, Buyer is making an offer to purchase the Services and the transferred Digitized Materials. Transfer Home Movies has the right, in its sole discretion, to accept or reject any Order. Transfer Home Movies may, in its sole discretion without any liability to Buyer, cancel any individual Order or transaction request if: (1)Buyer violates its obligations under the Service Order Terms or the Website Terms of Use; (2) Buyer fails to perform its payment obligations; (3) Buyer falsely accuses Transfer Home Movies of misplacement, destruction, loss, or damage; or (4) for any other reason for which Transfer Home Movies determines, in its sole discretion, that it will not fulfill the Order.
Unlawful Order Submissions and/or Materials
By submitting an Order, you represent and warrant the following to Transfer Home Movies: (a) no Materials submitted to Transfer Home Movies are submitted in violation of any copyright laws; (b) any Materials submitted were either created by you, you have the right to permit Transfer Home Movies to perform digitize and transfer services, or you have the permission of the copyright owner to digitize and transfer the submitted Materials; and (c) no Materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.
Furthermore, you agree and acknowledge that due to the volume of its operation, Transfer Home Movies cannot fully inspect all the information within the Materials submitted to it. However, there are instances in which Transfer Home Movies may discover that the transmission of information to Transfer Home Movies, the content of such information, and/or your specific request for services with regard to such information within the Materials violates state and/or federal law. In the event of such discovery, Transfer Home Movies will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities.
Risk of loss: Shipping
Transfer Home Movies does not provide any services related to shipment of the Materials or Digitized Materials to or from its offices. For this reason, any Services purchased from Transfer Home Movies are made pursuant to a shipment contract. This means that the risk of loss for your Materials passes to Transfer Home Movies only when the Materials arrive at our offices, and the risk of loss passes back to you when we deliver your Materials and/or Digitized Materials to the shipping carrier (FedEx, USPS, UPS, or other common carrier). BY SHIPPING ANY MEDIA TO TRANSFER HOME MOVIES, YOU ACKNOWLEDGE THAT TRANSFER HOME MOVIES IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.
Added-Safety Protection Package
Transfer Home Movies cannot and does not guarantee that your Materials will not be accidentally damaged while in the possession of the shipping carrier, nor does Transfer Home Movies assume the risk of loss for your Materials while it is in transit. Instead, the risk of loss remains with you during transit, and you bear all responsibility of loss or damage of your original content until it is received by Transfer Home Movies.
Risk of Loss: Missing, Damaged, Misplaced, or Mismatched Materials
Transfer Home Movies understands and appreciates the sentimental value of your Materials. Helping our Buyers relive, preserve, and enjoy their Materials through our digitization Services is one of our most important goals. From time to time, a Buyer might allege that Transfer Home Movies has misplaced an item the Buyer purportedly included in the Buyer’s Materials, that Transfer Home Movies has damaged or destroyed Buyer’s Materials, or that Transfer Home Movies has placed someone else’s Materials within Buyer’s Materials or Digitized Materials. Every once in a while, we become aware that a Buyer thinks it has sent more Materials to Transfer Home Movies that it actually did send, only to realize the allegedly missing Materials are still at home with the Buyer.
We have a sophisticated system for receiving Materials and tracking Materials throughout the provision of our Services. We also take care to handle all Materials that we receive with due care in a commercially reasonable manner. That said, no system is perfect, and you acknowledge that we might misplace or mismatch your Materials. It is also possible that your Materials might become damaged during the digitization process. This can happen through no fault, or negligence, of our own, particularly when the Materials you have sent to us are old media files that have already begun decaying before we have received them.
YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO TRANSFER HOME MOVIES, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PLACING AN ORDER WITH TRANSFER HOME MOVIES, YOU ACCEPT THIS RISK.
If you send us a notification letting us know that you believe we have misplaced, damaged, or mismatched your Materials, after they were received by us and in our possession, we will review your notification carefully (a “Notification of Loss”). Failure to provide Transfer Home Movies with a Notification of Loss within thirty (30) days of your receipt of your Materials and Digitized Materials as returned to You shall be deemed a waiver of your right to file a Notification of Loss and shall conclusively demonstrate your acceptance of the Materials and Digitized Materials as returned to You.
You agree to be bound by our review and determination. As further outlined below, Transfer Home Movies makes no warranty and disclaims all potential liability, with regard to all aspects of our Services in the handling of your Materials.
We may determine that we never received your Materials; that we did not cause damage to your Materials; or that the damage to your Materials during the digitization process was through no fault of Transfer Home Movies. We may also determine that we have an obligation to you. Once we have made our determination, we will provide a written response to your Notification of Loss. Depending on the situation, we may also choose to replace your Material(s) by offering you an equivalent type of blank media, or the cost of such blank media. We may choose to issue a refund for your Order; we may choose to compensate you for loss or damage; or we may decline, entirely, to issue a refund or provide any compensatory monies.
In the event that we have provided you with mismatched Materials, you agree to return the mismatched Materials to us within fifteen (15) days of your receipt of the return shipping instructions. The costs of shipping will be paid by Transfer Home Movies.
IN ANY CASE, YOU AGREE TO ACCEPT THE RISK OF SENDING YOUR MATERIALS TO US, AND FURTHER, YOU HEREBY AGREE TO BE BOUND TO OUR DETERMINATION AND ASSESSMENT OF YOUR NOTIFICATION OF LOSS. You agree that you will not disparage, libel, or defame Transfer Home Movies, and you agree that you will not take any steps to cause reputational damage to our business in contravention of any state or federal laws preventing tortious interference with a business.
Abandoned Orders
When an order is complete, Transfer Home Movies will notify the customer via email. A completed order must be picked up or return shipping must be paid for within fourteen (14) days of notification. When a completed order is not picked up or return shipping is not paid for within fourteen (14) days of notification, the order is subject to recurrent storage fees of twenty-five dollars ($25) to be charged starting on the fifteenth (15th) day and monthly thereafter. When a completed order is not picked up or return shipping is not paid for within six (6) months of notification, Transfer Home Movies will consider the order “abandoned” and retains the right to dispose of the order.
Media Repair
If materials arrive at the Transfer Home Movies office in an unplayable or defective condition and ARE repairable, Transfer Home Movies will notify the customer to provide options and costs associated with repair services. The customer has seven (7) days from time of notification to deny or approve and pay for repair services. If the customer does not respond within seven (7) days of notification, Transfer Home Movies will assume that the customer denies the offered repair services and will issue a credit to the customer for the Digitize and Transfer services that could not be completed. Credits must be used within one hundred and twenty (120) days of issuance and can only be applied towards Digitize and Transfer services. Administration fees and shipping fees are not considered Digitize and Transfer services. Customer is responsible for shipping costs upon completion of an order as per the Terms of Service.
Inventory Shortages
As part of our Services, we offer certain order options for a Buyer between various Digitized Materials (e.g. Thumb Drive and Disc Set). While our website will allow you to designate your preferred Digitized Material medium, in the event Transfer Home Movies faces inventory shortages associated with present global supply chain challenges, Transfer Home Movies cannot guarantee that your designated Digitized Material preference will be fulfilled. You acknowledge these inventory and supply considerations and agree that Transfer Home Movies may choose an alternative medium of Digitized Materials delivery.
Our Disclaimer of Warranties
THE SERVICES, MATERIALS, AND DIGITIZED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TRANSFER HOME MOVIES, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND/OR ANY OTHER SERVICES OR PRODUCTS THAT WE PROVIDE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES THAT WE PROVIDE. WE DO NOT WARRANT THAT THE SERVICES, MATERIALS, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TRANSFER HOME MOVIES, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND YOUR RECEIPT OF THE MATERIALS AND DIGITIZED MATERIALS.
You acknowledge that you are responsible for any actions you take in placing an Order with us. You recognize that placing an Order with us and sending us your Materials are taken solely at your own risk.
IN NO EVENT WILL TRANSFER HOME MOVIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY TRANSFER HOME MOVIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
Indemnification
You will indemnify, defend, and hold harmless Transfer Home Movies, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, caused by or resulting from:
your placement of an Order, your submission of Materials, and your communications with Transfer Home Movies;
your violation of any of the provisions of these Service Order Terms;
any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to you and your Order for our Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Force majeure
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Transfer Home Movies relies (including but not limited to, any outage in hosting services provided by a third-party host for Transfer Home Movies online services); or any other unforeseen and external occurrence for which Transfer Home Movies is not responsible and could not predict which is required for the performance of its obligations, then Transfer Home Movies will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Non-assignable
Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of Transfer Home Movies. Any assignment or purported delegation by you without Transfer Home Movies' written consent will be null and void and of no force or legal effect.
Choice of law
This contract is to be governed at all times by the laws of the State of Massachusetts applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Massachusetts.
Arbitration & choice of forum
Any dispute or claim relating in any way to your use of Transfer Home Movies' services, or your visit to the Site, will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case the arbitrator shall award attorney’s fees.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Transfer Home Movies, Attn: ARBITRATION, 549 Bedford Street, Suite 2, Whitman, Massachusetts, 02382. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that, if possible under all relevant rules, the arbitration will occur in the State of Massachusetts, in the county of Plymouth, in the town of Whitman, MA, or as close to it as possible.
Disputes as Individuals; Class Action Waiver
You and Transfer Home Movies both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action. YOU AND WE BOTH HEREBY EXPRESSLY WAIVE EACH OF OUR OWN RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.
Merger
This Terms of Use, together with the Privacy Policy, CCPA Policy (when applicable), Service Order Terms, and DMCA Policy (when applicable) represents the full agreement between you and Transfer Home Movies. No other representations (besides the individual price quote you are given for Transfer Home Movies' services), whether oral or written, form any part of your agreement with Transfer Home Movies. Additionally, this Terms of Use cannot be orally modified, even by Transfer Home Movies personnel, and no provisions of it can be waived by either party except in writing.
Severability
If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.
Pricing Errors and Corrections
We make every effort to ensure the accuracy of pricing information on our website, in our marketing materials, and at the point of sale. However, in the event of a pricing error, whether due to typographical mistakes, technical issues, or other unforeseen circumstances, we reserve the right to correct such errors at any time.
If an item is listed at an incorrect price, we may, at our sole discretion:
Cancel any orders placed for that item at the incorrect price.
Contact you to provide the option of purchasing the item at the correct price.
Refund any payments made for orders canceled due to pricing errors.
We are not obligated to honor prices that are published in error, and we apologize for any inconvenience this may cause.