digmypics.com Terms and Conditions
When you use our website or place an order you agree to accept our terms of business. The following conditions apply to and are deemed to be incorporated in all contracts for the sale of services and products to you by Red Mountain Media Group LLC, a.k.a. www.digmypics.com.
Trademarks and Copyrights
The photos, images, text, and other content available on our site belong to us for our exclusive use. Unless you've received permission from us, in writing, to use any of the content on our site, you may not. We may also revoke permission to use our content at any time and for any reason. You agree that images that you send us, either physically or electronically, belong to you or you have the proper rights or have been given permission to use them.
Indemnity
By using our services, you agree to indemnify and hold harmless digmypics.com and its parent, subsidiaries, affiliates, officers, consultants, and employees from any and all claims and expenses, including attorney's fees, arising from your use of digmypics.com services.
Terms of Payment
By submitting your order, you agree to pay for the services you incur before your order and photos are returned to you. You agree that the order you submit shows an estimate only and your final charges may be more or less depending on the actual number and types of photos submitted or services and products purchased. We are not responsible for any over the limit, overdraft or other bank fees you may incur from your bank as the result of our charging your credit or debit card. We charge you up to $45 for any checks returned unpaid by the bank. If you file a charge dispute (commonly known as a chargeback) with your credit card company they immediately charge us a fee. If we win the dispute we will charge that fee back to you plus a handling fee for our trouble.
Final Photo Review
digmypics.com provides you with the opportunity to review your newly scanned photos online and delete the ones you do not want. We'll deduct the full scanning charge for each deleted photo for up to 20% of the photos in each type of photo in your order. You have 14 days from the day you receive the link to Donât Want Donât Pay to review your images online and pay for your project. If you have not completed the process within 14 days we will send you a reminder and if by the 21st day you have not reviewed and paid for your order digmypics.com reserves the right to charge your credit card for the full amount of the service and return your original photos and your disc(s) of newly digitized photos and/or videos to you.
Limitations of Liability
Our expenses and restitutions for lost or damaged materials while in our possession can never exceed the raw cost of the materials or $100, whichever is less. We are not liable nor responsible for any materials not in our possession. Items lost or damaged while in transit are the responsibility of the carrier's company and are subject to that company's terms.
You, the user, understand and agree that the submission of any photos and/or film to digmypics.com, and the download or upload of any material through the digmypics.com site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. digmypics.com does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services. DigMyPics.com shall assume no responsibility nor liability, for damage, loss, delay or irregularity to persons or property in connection with third parties over which digmypics.com has no control.
Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, digmypics.com (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if digmypics.com has been advised of the possibility of such damages.
Data Use
The digmypics website and service uses the data you provide us in order to process your order, email you updates and payment information and occasionally send you offers and product information. You can easily remove your email from further offers and product information emails, but we will always communicate with you via email about orders we're processing for you. We share your data with our payment processor only to facilitate payment via credit card otherwise we do not share or sell your data to any 3rd parties.
European GDPR Law
While we don't do anything with our customer's data that would seemingly violate the spirit of GDPR, the law is very complex and the fines onerous. We've decided therefore to forego serving customers in the EU. If you place an order with digmypics you state that you are not a citizen or resident of the EU. We will not accept orders that originate from the EU or that get shipped back to the EU.
Warranty
The DigMyPics.com site and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, digmypics.com disclaims any warranties for the security, reliability, timeliness, and performance of the digmypics.com site or the digmypics.com service.