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
WE SINCERELY APPRECIATE YOUR BUSINESS – THANK YOU. – The Burnit Studio Management –