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Terms and Conditions

Terms of Use

All use of goods and services provided by Sweetpea Video powered by Sweetpea Technologies, LLC (SPT) is subject to the following terms and conditions:

Refusal of service or review. SPT, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.

Return policy. SPT accepts returns of any DVD we produced within 30 days of completion of an order. Returns are accepted only in case of defect in the product, and the sole remedy is the replacement or re-making of the DVD that is claimed to be defective.  If a DVD will not play, please try cleaning the DVD and playing it in a different DVD player or computer.  If the DVD will play in a different player or a computer, then it is not defective. The DVD media type is a high quality DVD-R, which is highly compatible with nearly all current DVD players.

Occasionally, there may be an unplayable or defective DVD. If that happens, you will need to return the defective DVD to us along with the original videotape or film (if we no longer have it on our system).  We will re-transfer the material and pay the shipping to return the materials to you (if required).  

Unusable Material . If any original  material sent to us is not transferable due to age, fragility, format, damage, or any other condition we are not responsible for, then a refund of the transfer price will be provided to you, and, if possible, your original materials will be returned. SPT will not be responsible for the cost of shipping a return order back from our facilities. It is understood that some originals may have deteriorated past the point where they can be transferred, and may not even survive the inspection process. SPT treats all originals with the utmost care and handling.

Shipping and shipping costs. SPT uses flat-rate ($10.95) shipping to the continental United States for the return of originals and new media.  All orders are shipped with tracking for your protection. SPT is not responsible for late, lost, damaged or misdirected mail, either before it arrives at our facility, or when it leaves. PLEASE SHIP WITH CARE.

Limitation of liability. By submitting media to SPT, you understand and agree that SPT's liability is limited in each of the following ways:

  1. SPT makes no representations or warranties of any kind, express or implied, about the operation of its website or the information, content, materials, or services included on it or made available to you through it, unless otherwise specified in writing.
  2. SPT disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
  3. Though we strive for perfection, due to the nature of the original material provided, SPT does not represent or warrant that the services provided will be error-free or that all defects in originals can or will be corrected.
  4. SPT will not be liable for any incidental, consequential, special or punitive damages, loss of future revenues or income, lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of these Terms and Conditions.  

  5. By submitting media to SPT for conversion, duplication, or any other service, you agree that if any such media is lost or damaged by us, it will be replaced only with an equivalent type of blank media or the cost of such blank media. For example, if you submit a video tape to SPT for conversion, and it is damaged during the conversion process, you will be entitled only to a replacement blank video tape or the cost of replacing the physical tape, irrespective of what images might have been on the original. The handling of your media by us is otherwise without warranty or liability. This warranty does not apply to movie film as there is no blank movie film available.  You understand that although we will do our best to transfer old, fragile media, and that we use the most gentle processing systems available, although rare, damage can occur that cannot be foreseen or avoided.  Therefore, under no circumstances will SPT be responsible for damage that might happen to original media during the transfer process.  

Force Majeure.  SPT is not liable for any loss, damage, delay, or non-performance of services to the full extent excused under applicable law. This clause applies if the loss, damage, delay, or non-performance is a result of Acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive event; power failures or other disruptions to services and utilities on which SPT relies; or any other unforeseen and external occurrence for which SPT is not responsible and could not predict which is required for the performance of its obligations.  

 

Copyright. You warrant that submitted materials are free of copyright infringement.  By submitting an order, you represent to SPT that no materials submitted to are in violation of any copyright laws. You also agree that you will indemnify SPT, and hold SPT harmless, for any claims or demands brought by any third party against SPT regarding the infringement of any copyright law stemming from materials you submitted.

Due to the volume of its operation, SPT cannot fully inspect all the media submitted to it. However, should SPT become aware that copyrighted materials are being submitted to it or should any other suggestion that SPT’s services are being employed to subvert copyright law come to its attention, it will refuse service and cooperate fully with any authorities to comply with its legal obligations. SPT will not knowingly copy or transfer copyrighted materials that it deems outside of the fair use provision of copyright law. Any copyrighted material will be returned to customer at customer's expense.

Non-assignable. Your rights and obligations under these Terms and Conditions are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of SPT. Any assignment or purported delegation by you without SPT’s 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 New Jersey.

Arbitration & choice of forum. Any dispute or claim relating to your use of SPT’s services, or SPT’s website, 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 attorney’s fees may be pursued. You agree that, if possible under all relevant rules, the arbitration will occur in the State of New Jersey, in the County of Morris, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Morris County, then you agree that the arbitration may occur by telephone (which is usually less expensive and easier for both parties) or may be based on written submissions.  

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.

These Terms of Use represent the full agreement between you and SPT. No other representations, whether oral or written, form any part of your agreement with SPT. Additionally, this Terms of Use cannot be orally modified, even by SPT personnel, and no provisions of it can be waived by either party except in writing.