Terms
General
Autumn Rewind (“Autumn Rewind ,” “we,” “us,” or “our”), owned by Note Climber LLC, oversees the website, autumnrewind.com (“Site”) and related services (collectively, our “Services,” further explained in the next paragraph). By placing an order for our Services (an “Order”), you (“Customer,” “you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”).
Any media you send to us (i.e., VHS, VHS-C, 8mm film, Super 8, 16mm film, etc.) becomes the permanent property of Autumn Rewind, to include the copyright of the video contents on the tapes, reels, etc. In exchange for Autumn Rewind, part of Note Climber LLC, receiving ownership and copyright over the materials you send us, you will receive a percentage of revenue made from those materials (the videos, tapes, reels, etc. that you send to Autumn Rewind) for a period of time as detailed in the agreement you make with us.
Unlawful Order Submissions and/or Materials
By submitting an Order, you represent and warrant the following to Autumn Rewind : (a) no Materials submitted to Autumn Rewind are submitted in violation of any copyright laws; (b) any Materials submitted were either created by you, you have the right to permit Autumn Rewind to perform duplication services, or you have the permission of the copyright owner to duplicate 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, Autumn Rewind cannot fully inspect all the information within the Materials submitted to it. However, there are instances in which Autumn Rewind may discover that the transmission of information to Autumn Rewind, 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, Autumn Rewind 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
Autumn Rewind does not provide any services related to shipment of the Materials or Digitized Materials to or from its offices. For this reason, any Services obtained from Autumn Rewind are made pursuant to a shipment contract. This means that the risk of loss for your Materials passes to Autumn Rewind 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, or other common carrier). BY SHIPPING ANY MEDIA TO Autumn Rewind, YOU ACKNOWLEDGE THAT AUTUMN REWIND IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.
Autumn Rewind cannot and does not guarantee that your Materials will not be accidentally damaged while in the possession of the shipping carrier, nor does Autumn Rewind 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 Autumn Rewind.
Risk of Loss: Missing, Damaged, Misplaced, or Mismatched Materials
Autumn Rewind understands and appreciates the sentimental value of your Materials. Helping our Customers relive, preserve, and enjoy their Materials through our digitization Services is one of our most important goals. From time to time, a Customer might allege that Autumn Rewind has misplaced an item the Customer purportedly included in the Customer’s Materials, that Autumn Rewind has damaged or destroyed Customer’s Materials, or that Autumn Rewind has placed someone else’s Materials within Customer’s Materials or Digitized Materials. Every once in a while, we become aware that a Customer thinks it has sent more Materials to Autumn Rewind than it actually did send, only to realize the allegedly missing Materials are still at home with the Customer.
We 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 AUTUMN REWIND, 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 AUTUMN REWIND, 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 Autumn Rewind 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