Terms and Conditions of Use

Welcome to Plastic Trees Studio, LLC. (“Plastic Trees”, “We” or “Our”). Plastic Trees provides our customers with a flexible, efficient, and professional way to digitize existing photographic items (including photographic prints, albums of photographic prints, slides, film and negatives, and paper documents such as drawings or certificates), audio items (including reel-to-reel tapes, standard cassette tapes, audio from video, micro mini cassettes, and record vinyl), and video items (including reel-to-reel film, VHS and VHS-C tapes, HI-8 tapes, and Mini-DV tapes). Your items are transferred and converted to an archival digital format with the intent of preservation.

Upon submitting an order to Plastic Trees Studio, the customer ("you", "your", or "yours") agrees to the terms and conditions as stated on this site.

Note that any violation of these Terms may result in termination of the Service to you. If you have any questions about these Terms, please contact our Customer Service Department at info@plastictreesstudio.com.

Age Requirements

To purchase goods and services from Plastic Trees Studio, you must be at least 18 years of age. This website is not intended for use by children. Some of the items we sell may be children's products, but they are only for purchase by adults. Children under the age of 18 may use this web site only with the supervision and involvement of a parent or guardian.

Use of This Site

You agree to provide Plastic Trees Studio with true, accurate, current and complete information about yourself when such information is requested by the service (whether by questionnaires, surveys, registration forms, or other informational requests).

Your physical or electronic delivery of content to Plastic Trees Studio constitutes permission for Plastic Trees Studio to perform services on your content. We will not be liable for the content of any uploaded image.

Plastic Trees Studio is committed to protecting photographers' copyrights and expects users of our services to do the same. As our customer, you are required by law to own the right to, or to obtain permission to, use and alter any image before the image is delivered, physically or electronically, to Plastic Trees Studio. At our sole discretion, and in appropriate circumstances, we may prevent access to the our services by users who infringe the intellectual property rights of others. If You believe that your work has been copied in a way that infringes your copyrights, please contact us.

Resale

The services provided by Plastic Trees Studio are for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell, or exploit any part of the services, use of the services, or access the services for any commercial purposes unless you receive prior written authorization.

Content and Customer Conduct

You acknowledge and agree that all original photographic, audio, and video items and resulting digital versions (collectively “Content”) submitted by you to Plastic Trees Studio and/or created for you by the Plastic Trees Studio are your sole responsibility.

By submitting Content to Plastic Trees Studio, you represent and warrant to Plastic Trees Studio that you either own the Content or have the written permission from the copyright owner to make such Content available to Plastic Trees Studio to perform the services and its obligations under these Terms.

You agree to indemnify, and hold Plastic Trees Studio and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless, from and against any and all costs, damages, liabilities and expenses (including all attorneys’ fees and costs of defense) Plastic Trees Studio or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.

You agree not to use or attempt to use the services of Plastic Trees Studio to have the following types of content produced on your behalf:

The above list of prohibited content is merely an example and is not intended to be complete or exclusive. Plastic Trees Studio reserves the right to terminate your access to our services with or without cause and with or without notice, or for any action that Plastic Trees Studio determines is or may be disruptive to the site or the services. Plastic Trees Studio may report to law enforcement authorities any actions that may be illegal. When legally required or at Plastic Trees Studio's discretion, Plastic Trees Studio will cooperate with law enforcement agencies in any investigation of your use of our services for any alleged activity.


Privacy Policy and Information Disclosure

Plastic Trees Studio believes in protecting the privacy of its customers. We have created a Privacy Policy to explain to customers how their personally identifiable information is collected and used. Your use of the Site and/or Service is governed by the Privacy Policy. You further acknowledge and agree that Plastic Trees may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Plastic Trees Studio, its employees, or the general public.

Pricing, Payments, and Electronic Communication

You agree to pay in full, the price quoted for your order and any additional amounts incurred due to any or all of the following circumstances: 1) the actual number of scans performed or video/audio footage imported is greater than the number entered on the order form, 2) the type and/or size of images and vido/audio footage submitted for transfer differs from the type entered on the order form, and/or; 3) the actual shipping/delivery charges are higher than estimated at the time of your order, 4) images which have been restored or reconstructed. If the work performed and/or shipping is lower than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred. Pricing for gift certificates and gift boxes will be paid in full at the time of purchase; pricing for gift certificates and gift boxes will include taxes and any applicable shipping charges.

The shipping and handling costs to ship your originals to Plastic Trees Studio is prepaid by you at the time of placing the order. All payments shall be made in advance prior to shipping your completed order, including your originals. If you do not pay on time or if Plastic Trees Studio cannot charge your credit card or other payment account for any reason, we reserve the right to either suspend or terminate your access to our services..

By using the services of Plastic Trees Studio, you consent to receiving electronic communications from Plastic Trees Studio. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to our services. These electronic communications are part of your relationship with Plastic Trees Studio and you receive them as part of your subscription to the site. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Plastic Trees Studio offers no warranty or guarantee that the turnaround time quoted on the Site or otherwise communicated to you, will be met. Plastic Trees Studio will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.

Shipping and Handling

Plastic Trees Studio is not liable for the Content, or any other materials, while in transit through or in possession of any third party carrier, including, but not limited to, the United States Postal Service, United Parcel Service, or Federal Express. You agree to accept complete liability for any Content, or any other materials, should they be misdirected, lost, stolen, or damaged while in the possession of, in transit through or otherwise under the control of any third party carrier. When returning your completed order, we will use only shipping methods that are reliable and traceable. The risk of loss and title for all products and services purchased through Plastic Trees Studio is passed to you upon our delivery to your selected carrier. Due to the nature of the images, no insurance is available for shipping and handling of your order, and Plastic Trees Studio offers no warranty or guarantee against damage or loss.

Copyright Notice

The trademarks, logos, and service marks displayed on the Site are the property of Plastic Trees Studio and its licensors.

Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images, and icons are the sole property of Plastic Trees Studio, Copyright © 2003 Plastic Trees Studio, LLC. All rights reserved. We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Loss of Original Content

Plastic Trees Studio will assume the risk of original content at the time that we receive the original content until the time that we deliver the original content to a third party shipping carrier. Plastic Trees Studio does not assume risk of loss for your original content if we discover the content has been damaged or lost during transport to Plastic Trees Studio. If Plastic Trees Studio loses your original content during the period that the content is in Plastic Trees Studio's custody, you acknowledge and agree that your sole remedy for such loss is a payment made to you from Plastic Trees Studio in the amount of $1,000. You understand and agree that this paymement is a reasonable approximation of the damages that will be suffered by you from the loss of your original content. You are responsible for all loss of your original content while it is in the possession or custody of any third party carrier.

This risk of loss guarantee only applies if the recommended packaging instructions by Plastic Trees Studio are followed.

Uploaded Content

You may electronically upload photographic images and printed material as part of your use of this site and its services. Under these Terms, You agree that You will NOT submit, either physically or electronically, any of the following material to Plastic Trees Studio:

1. Any threatening, defamatory, abusive, obscene, inappropriate, or profane material or any other material that could give rise to any civil or criminal liability under applicable law.

2. Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the written permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.

3. Any material sent from an anonymous or false address.

4. Any material that promotes bigotry, racism, hatred, or harm against any individual or group.

While Plastic Trees Studio is not responsible for, and does not comment on, the content of uploads provided by our customers, we reserve the right to (i) delete, move, or edit Uploads that it, in sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that we deem necessary relating to use or misuse of this site and its services. Plastic Trees may request confirmation of the copyright or trademark ownership from the submitter. If we do not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Uploads, we reserve the right to (i) suspend the shipping of an order relating to the Upload in question, and/or (ii) share the uploader's account information with governmental organizations, law enforcement authorities or other third parties. If You, as an uploader, dispute any copyright or trademark infringement claims, We will share with You the contact information of any party claiming any such infringement. In the event of any such dispute, we reserve the right to suspend the display, viewing, or sharing of any Uploads until the issue has been resolved. You hereby grant to Plastic Trees Studio a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display, and distribute your Uploads for the sole purpose of delivering the final product to you.