Terms and Conditions
Terms and Conditions of Use (“Terms”)
Last updated: October 12, 2021
Your use of www.digifilmrestore.com (the “Site”) and hosting services (the “Services”) constitutes your agreement between you (the visitor or user; hereinafter referred to as “you” or “your”) and AI Media Pro, LLC ( hereinafter referred to as “AI Media”,“ Company”, “we”, “our”, “us”), with the Terms. If you do not agree to these Terms, then you are not granted rights to use the Site, and you should upload the files using the Site.
The Site reserves the right to update and change these Terms from time to time. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. We will also update the “Last updated” date at the beginning of the Terms. Users should periodically review the most recent version of the Terms. Use the Site after revision of the Terms constitutes acceptance of any changes.
1. INTELLECTUAL PROPERTY
Ownership. As between the parties, the Company owns all rights, title, and interest in and to all technologies, software functions, libraries, software routines, interfaces.
Intellectual Property Rights. AI Media shall retain all rights, title and interest in and to all intellectual property rights associated with the Site hereunder. A user shall not authorize any third party to: (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from
the Company technology, algorithms, databases, computer programs, ontology, directory structure, or patents, copyrights, or other proprietary rights or Company’s methodology related to the creation and compilation of the content or any other information furnished to you by AI Media or permit any third party to attempt any of the foregoing, except to the extent, if any, permitted by applicable law.
These Terms not transfer from AI Media to you any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AI Media . Your use of the Site and Services grants you no right or license to reproduce or otherwise use any AI Media or third-party trademarks.
Alg AI Media reserves the right to update and change prices with 2 months notice for registered customers.
2. REGISTRATION AND USER ACCOUNTS
In order to upload your files to the Site and use Services, you may be required to register and obtain an account.
You should: provide true, accurate, current and complete information (collectively, “Registration Data”) when registering, and
update your Registration Data as necessary.
You are responsible for maintaining the confidentiality of your password and for all activities that occur through your account. You agree to immediately notify AI Media of any unauthorized use of your password or account or any other breach of security. AI Media will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use a unique combination of numbers and letters.
3. CONTENT
Without limiting any of those representations or warranties, AI Media has the right (though not the obligation) to, in Company sole discretion (i) refuse or remove any content that, in Company’s reasonable opinion, violates any AI Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Company’s sole discretion. AI Media will have no obligation to provide a refund of any amounts previously paid.
4. WHITE LABEL
AI Media grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site or Services solely in accordance with these Terms. You may not use the Services to distribute, rebrand, or white-label any of the Services we provide.AI Media may, in appropriate circumstances, terminate accounts which we believe are in violation of these Terms and this Section 4 without notice and without refund.
5.PAYMENTS
Fees and/or Payments for the Services, you agree to pay for the Services specified at pricing. Payment notices will be issued at the time you place your order for the Services. AI Media reserves the right to change the terms of payment and commission on the Site.
6. SUPPORT
“Email Support” means the ability to send technical support requests by email at any time in relation to your use of the Services. “Priority” means that customer support for paid Services takes precedence over support for users of standard free services offered on the Site. All support services will be provided in accordance with standard Company practices, procedures and policies.
7. TERM AND TERMINATION
These Terms shall remain in full force and effect while you are a user of Site and/or Services. You may terminate your use at any time, for any reason. AI Media may terminate your use at any time for violation of these Terms or any laws or to protect the integrity of the Company, Site, and Services. AI Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Site or Services usage. AI Media shall not be liable to any user or other third party for any such modification, suspension or discontinuance. Even after your use or participation is terminated, the material terms of these Terms will remain in effect.
Upon the termination of your account, for any reason, including as a result of inactivity, violation of these Terms, AI Media will close your account and you will no longer be able to retrieve materials contained in that account.
8. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND AI MEDIA AND EACH OF COMPAY’S LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, “AI MEDIA INDEMNIFIED PARTIES”) FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS (“CLAIMS”) (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING DIRECTLY OR INDIRECTLY OUT OF THE BREACH OF ANY AGREEMENT,REPRESENTATION OR WARRANTY HEREUNDER, AND THE EXISTENCE, USE AND MAINTENANCE OF THE SITE AND SERVICES.
AI MEDIA INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE, THROUGH COUNSEL OF THEIR CHOICE, IN ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE AI MEDIA INDEMNIFIED PARTIES (“INDEMNIFIED CLAIM’). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY’S INDEMNIFIED PARTIES.
9. DISCLAIMER OF WARRANTIES
AI MEDIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF AI MEDIA SERVICES. NEITHER AI MEDIA NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ACCESS THERERO WILL BE UNINTERRUPTED.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED ON OR VIA AI MEDIA ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AI MEDIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES USAGE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AI MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE, AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SERVICES OR THE SITE. WE DO NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVISES THROUGH, THE SITE AND YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE DISCRETION AND RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIFILM RESTORE AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND THE SERVICES , YOUR USE THEREOF, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SERVICES , (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
AI MEDIA , (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, ON OR VIA THE SITE AND SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR VIA THE SITE OR THE SERVICES .
AI MEDIA RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME BY UPDATING THESE TERMS.
10. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AI MEDIA WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON
THE COMPANY MATERIALS, (B) LOSS OF USE, DATA, FOR INTERRUPTION OF USE OR CORRUPTION OF DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE DIGIFILM RESTORE WEBSITE OR DIGIFILM RESTORE SERVICES , UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY , (C) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO AI MEDIA UNDER THESE TERMS DURING ONE YEAR PERIOD PRIOR TO THE CAUSE OF ACTION ,OR (D) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF AI MEDIA SERVICES , WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES , EVEN IF AI MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO US$0. YOU ACKNOWLEDGE AND AGREE THAT AIMEDIA WOULD BE UNWILLING TO MAKE AVAILABLE THE SITE AND THE SERVICES ABSENT THE FOREGOING LIMITATIONS OF LIABILITY, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. AI MEDIA SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE BEYOND THE REASONABLE CONTROL.
11. DISPUTES WITH AI MEDIA , CHOICE OF LAW AND FORUM
This Agreement shall be governed by the laws of the state of Florida, U.S.A., without reference to its choice of law rules. The parties agree that the forum for dispute resolution under this Agreement shall be located exclusively in the courts of the state of Florida.
12. MISCELLANEOUS
Severability
If any clause or provision in this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it will not affect the validity of any other clause or provision within this Agreement, which will remain in full force and effect; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable, consistent with the intention of the parties.
Complete Agreement
Complete Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to this specific subject matter thereof. There are no terms, obligations, covenants, representations, statements, or conditions relating to the subject matter thereof other than those contained in this Agreement. No variation or modification of this Agreement or waiver of any of the terms or provisions hereof will be deemed valid unless in writing and signed by both parties.
Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including Internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
Waiver And Severability Of Terms
The failure by any party to exercise or enforce any of the terms or conditions of this Agreement shall not constitute a waiver of that
party’s rights hereunder to enforce each and every term and condition of this Agreement. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. AI Media may assign its rights under these Terms without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Time Limit For Filing Claims
Any claim or cause of action arising out of or related to use of the Site or Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment
In our sole discretion, we may assign these Terms, in whole or in part, by providing notice in accordance with the notice provision in this Section should AI Media ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of the Site or Services. You may not assign these Terms, in whole or in part, without Company’s prior written consent.
Contact Us
If you have any questions or concerns about these Terms, any policy, or the Site and Services generally, please send us a thorough description by email to sales@digifilmrestore.com.