Website Terms of Use
General
KODAK Digitizing Box (“KODAK Digitizing Box,” “we,” “us,” or “our”) oversees this website, Kodakdigitizing.com (“Site”) and related services (collectively, our “Services”). The following terms of use, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of the Site, including any content, functionality, and Services offered on or through the Site.
Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site.
Privacy Policy
KODAK Digitizing Box maintains a separate Privacy Policy that explains what information we gather and what we do with it. You can view that by clicking here.
Service Order Terms and Conditions
KODAK Digitizing Box offers a complete set of Service Order Terms related to all orders placed through its Site or Services. By placing an order on this Site, you also agree to the Service Order Terms located here.
Updates and Modifications
KODAK Digitizing Box reserves the right to update or amend these Terms of Use at any time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on the Site. It is your responsibility to review the Site from time to time to ensure that you continue to agree with all of the Terms of Use.
Website Directed at United States Citizens Only (Geographic Restrictions)
Access to the Site and Services is intended only for users located within the United States. KODAK Digitizing makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site.
Reliance on Information Posted.
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site or the entire Site is unavailable for any period of time. Periodically, we may restrict access to portions of the Site or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other user of the Site, or by anyone who may be informed of any of its contents.
Eligibility
KODAK Digitizing Box offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use KODAK Digitizing Box's services only under the supervision of a parent or guardian.
Refusal of service
KODAK Digitizing Box, in its sole discretion, reserves the right to refuse service to any persons, reject performance of services on any material, or cancel any orders.
Requests for public use
Occasionally, materials are submitted to KODAK Digitizing Box that would make great promotional materials, like a great photograph or clip from a wedding. Before we use any materials you submit to us publicly, we will request the right to use them from you. You have the right to decline our use of those materials.
Limitations on Use. The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
- violate applicable law;
- transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- in any manner transmit or submit harmful, threatening, abusive, harassing, libelous, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, offensive, or otherwise objectionable content or material;
- copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;
- share or sell information derived from or related to the Services, the Site, or any content thereof;
- modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;
- knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
- circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
- use the Services to collect or store Personal Information about other users;
- knowingly include or use any false or inaccurate information in any information form;
- in any way transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
- attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
- transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
- employ manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, or otherwise harvest or scrape any data or content from the Site or Services;
- use the Site in any way that competes with us; or
- encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE WILL BE CONSIDERED A BREACH OF THIS AGREEMENT, AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO RETAIN THE CONTENT ON THIS SITE UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.
Updates and Outages. It may be necessary for KODAK Digitizing Box to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Service. KODAK Digitizing Box provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption of the Service will not give rise to a refund or credit of any fees paid by you.
Links to Third-Party Websites. This Site may contain links to other websites on the Internet, which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
Your Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
Intellectual Property
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, and functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, KODAK Digitizing Box owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s) as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the content published herein, by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.
Digital Millennium Copyright Act
KODAK Digitizing Box takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through
KODAK Digitizing Box's service to KODAK Digitizing Box, Attn: General Council, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. When providing notice to KODAK Digitizing Box, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
Compliance with Title III of the Americans with Disabilities Act (ADA)
KODAK Digitizing regards compliance with the ADA as an important aspect of providing an accessible website experience for all users. KODAK Digitizing take a commercially reasonable approach to complying with website accessibility standards provided under the Web Content Accessibility Guidelines (WCAG) 2.0. KODAK Digitizing is engaged in an ongoing effort to monitor its site pages and implement updates in order to remove any accessibility barriers and improve the overall website experience for users. If you become aware of an accessibility issue, please report the issue to questions@kodakdigitizing.com and we will take commercially reasonable steps to update the identified issue in order to maintain an accessible Site.
Disclaimer of Warranties
THE SITE, SERVICES, AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
KODAK DIGITIZING BOX, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, THE SERVICES, OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE KODAK DIGITIZING BOX, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE AND THE SERVICES.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL KODAK DIGITIZING BOX, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND THE SERVICES, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
Indemnification
You will indemnify, defend, and hold harmless KODAK Digitizing Box, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of the Site, including but not limited to its Services and its content;
- your violation of any of the provisions of these Terms of Use;
- any activity related to your accessing the Services, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and Services, other than as expressly authorized in these Terms of Use, and your use of any information obtained from the Site or any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Our compliance with COPPA
THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.
Force majeure
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which KODAK Digitizing Box relies (including but not limited to, any outage in hosting services provided by a third-party host for KODAK Digitizing Box online services); or any other unforeseen and external occurrence for which KODAK Digitizing Box is not responsible and could not predict which is required for the performance of its obligations, then KODAK Digitizing Box will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Non-assignable
Your rights and obligations under these Terms of Use are not assignable to any third party—neither voluntarily or by operation of law—without the prior written consent of KODAK Digitizing Box. Any assignment or purported delegation by you without KODAK Digitizing Box'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 Tennessee applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Tennessee.
Arbitration & choice of forum
Any dispute or claim relating in any way to your use of KODAK Digitizing Box's services, or your visit to the Site, 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.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at KODAK Digitizing Box, Attn: Legal Department, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that, if possible under all relevant rules, the arbitration will occur in the State of Tennessee, in Chattanooga, TN, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Tennessee, then you agree that the arbitration may occur by telephone (which is usually cheaper and easier for both parties) or may be based on written submissions.
Disputes as Individuals; Class Action Waiver
You and KODAK Digitizing Box both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action. YOU AND WE BOTH HEREBY EXPRESSLY WAIVE EACH OF OUR OWN RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.
Merger
This Terms of Use, together with the Privacy Policy, CCPA Policy (when applicable), Service Order Terms, and DMCA Policy (when applicable) represents the full agreement between you and KODAK Digitizing Box. No other representations (besides the individual price quote you are given for KODAK Digitizing Box's services), whether oral or written, form any part of your agreement with KODAK Digitizing Box. Additionally, this Terms of Use cannot be orally modified, even by KODAK Digitizing Box personnel, and no provisions of it can be waived by either party except in writing.
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.
Contact Us
To ask questions or comment about these Terms, you may contact us: