Limitations of Liability – Magno Sound, Inc, DBA White Glove Memories
It is understood and agreed that the Company is not an insurer and that the payments made for the services provided by the Company are based solely on the value of such services. Since Company prices are not proportionate to the value of the Elements delivered to or deposited with it, the Customer Elements are received, processed and stored solely at the risk of the Customer. Company reserves the right to assign or subcontract all or any part of the work ordered.
A. Damage to or Loss of Elements: In the event that the Customer Elements which are delivered to or deposited with the Company are lost, destroyed or damaged by the Company, its employees, subcontractors or agents, Company shall not be held responsible. Work is performed at your own risk.
B. Defects in Delivery: If an Element produced by Company is defected or is erroneously labeled or shipped or if non-conforming services or materials are furnished by Company, the Company liability therefore shall be limited to the replacement or repair of such defective Elements, the correction of such errors in shipment or labeling or the provision of conforming services or materials at Company expense: provided that the defective Element is returned and written notice of such imperfection or error in labeling .shipment is given the Company within twenty (20) days after shipment.
C. Delay in Delivery: Delivery dates and/or shipping dates are approximate. Company shall not be liable to customer or any other person for losses, damage (incidental or consequential), liability or delay in delivery or shipping, nor for failure to give notice of delay and such delay shall not constitute grounds for cancellation. Without limiting the generality of the foregoing, Company shall not be liable for any delay by reason of inability to obtain the necessary labor, materials or facilities, or for delay due to the elements, acts of God, acts of Customer, acts of civil or military authorities, priorities, fires, floods, epidemics, quarantine restrictions, wars, riots, strikes, labor difficulties, equipment failure, car shortages, or dissimilar causes. In the event of a delay, the delivery or shipping date, as appropriate, shall be deemed extended for a period equal to the delay.
NO CONSEQUENTIAL DAMAGES. In no event and under no circumstances shall Company be liable to anyone for any lost profits, or loss of business, or special, incidental, indirect or consequential damages whatsoever (A) resulting from any defective elements, products or equipment delivered, produced or provided by the Company; or (B) resulting from damage to, or destruction of, Elements by the Company, whether or not such damages are caused by the negligence of Company, employees, agents or subcontractors; or (C) resulting from any negligence or breach of duty (contractual or otherwise) by the Company, its employees or subcontractors, including, without limitation, improper storage, processing, packing, delay in delivery or shipment, or errors in shipment labeling.
Except as expressly set forth above, the services and products furnished to Customer are provided to Customer "as is" and any and all warranties and conditions with respect to the services and/or products, whether express or implied or arising by custom, course of dealing or trade usage (including without limitation as to satisfactory or merchantable quality or fitness for any purpose) are excluded to the fullest extent permitted by law.
Intellectual Property Rights Policy
Our customers are entirely and solely responsible for the content they ask us to reproduce. This means that you, as our customer, are solely responsible for obtaining any legal permission required from any third party content or copyright owner that might be necessary to lawfully duplicate your content.
The United States Copyright Act, a federal law, mandates that it is not lawful to duplicate someone else’s copyrighted works, which includes songs, recordings, movies, photographs, drawings and text, without first obtaining their legal permission or otherwise qualifying for a specific exemption under Copyright Law. While “Fair Use” may provide certain limited rights to you, we are not your attorney and cannot determine whether “Fair Use” protects your specific duplication request or not.
There are other laws that might impact your desire to duplicate certain works without prior written permission such as trademark law, and the rights of privacy and publicity.
When you bring content to use to duplicate, you specifically guarantee and warrant to us that one or more of the following is true:
1. You are the sole owner of the copyright or otherwise have the legal right to duplicate the subject work.
2. You have a direct or implied license from the copyright owner, or it’s agent, to duplicate the subject work.
3. You have verified that the subject work is in the public domain.
4. Your making and use of a duplication of all or part of the work clearly falls into “fair use” as defined by the Copyright Act.
You hereby agree, by ordering our services, to indemnify us from any losses, including fees, costs, judgments, awards and reasonable attorney’s fees, regarding any third party legal action, actual or threatened, that arises from your use of our services and a purported violation of the Copyright Act, or any other intellectual property related law, or right of privacy or publicity, arising from our duplication of the content you request us to duplicate.
We reserve the right to refuse to duplicate any work that we believe is not lawfully in your possession or any work that we believe would result, if duplicated, in the violation of the Copyright Act or any other law.
Any copyright or trademark owner who knows that a customer of our service has infringed their copyright or trademark protected works should contact us immediately.
We do not scan the contents of any work that is brought to us for duplication, other than such quality control related examination as may be necessary to complete the requested duplication.