› COMMITMENT TO YOUR PRIVACY
› ARCHIVING OF PROJECTS/IMAGES
› QUALITY OF OUTPUT
› RETURNS AND REFUND POLICY
› PRODUCTION TIME
› THE USE OF IMAGES AND MUSIC
› PRODUCT SPECIFIC TERMS AND CONDITIONS
› ENCRYPTION ON YOUR PROJECT
› FEES FOR NON-PAYMENT
› DMOTREE, INC COPYRIGHTS AND TRADEMARKS
› FEES AND TERMS
Dmotree, Inc will not support communication of any material in violation of any Federal, State or Local regulation that is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. Dmotree, Inc will not host any obscene, adult or pornographic material, or any other material which we believe to be offensive, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature.
Your privacy is very importance to us. At Dmotree, Inc we want to make your experience satisfactory and secure. Because we gather certain types of information about our customers, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. The information allows us to better tailor our content to help better understand the audience or customers would like to have or see. Under no circumstances does Dmotree, Inc divulge any information about a customer to a third party.
Once an order is placed and payment has been confirmed an order cannot be cancelled. Customers requesting a cancellation, send your request to Dmotreephotos@aol.com. We request to hear a reason for cancellation. Reason for cancellation is mandatory in order to receive a refund. Your refund will be prorated. Since Dmotree, Inc operates a conditional money-back guarantee, any given reason may not be classified as sufficient reason for a refund request.
Dmotree, Inc will not be responsible for any damages your business may suffer. Dmotree, Inc makes no warranties of any kind, spoken or implied for services we make available. Dmotree, Inc denies any warranty or merchantability for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dmotree, Inc. We reserve the right to modify our policies at any occasion without prior notification.
Dmotree, Inc generally archives all images for one month and all projects for a year if the insurance plan is purchased to allow for re-orders. These projects are not shared or published to any third party without the express consent of the customer. If requested at the time of order all images and project files will be deleted from our files immediately from the time the order is sent to the customer. If a project has been deleted from our files, there will be no way to make a copy of the project.
As with any custom product the quality of the final product depends substantially on the quality of the initial input. Where possible Dmotree, Inc will make every effort to consult with a customer prior to production. Dmotree, Inc will use the digital or hard copy images "as is".
Color accuracy - Accurate color reproduction starts from the beginning. However, if you will be displaying the work we send back on a TV or monitor please note that unless that TV and/or monitor has been recently calibrated using calibration equipment, colors may not be reproduced accurately.
However, in cases if you have not properly profiled/calibrated your monitor in the last 7 days, what you see on your screen still may not represent what we see on ours. Please take this into consideration.
Dmotree, Inc works closely with its customers to create the highest quality services and products to meet its customers' expectations. If an item arrived with errors or mistakes by Dmotree, Inc (e.g., a misspellings, etc.) we will fix and replace the item at no charge. We will not be responsible for errors in spelling if captions were submitted to us this way or were not caught in the proofing process.
PLEASE NOTE: WE MUST RECEIVE NOTICE OF DAMAGE WITHIN 7 DAYS OF RECEIPT OF THE ITEM. IF THE DAMAGE IS A RESULT OF SHIPPING, WE WILL REQUIRE YOUR ASSISTANCE IN HELPING TO FILE A CLAIM WITH THE CARRIER. IN ALL CASES PLEASE RETAIN THE ORIGINAL PACKING MATERIAL. IN SOME CASES WE MAY REQUIRE YOU TO SEND BACK THE ORIGINAL ITEM.
Please note the specific instance of player compatibility with recordable DVDs below. We record using DVD-R disks. There are instances where these will not play or play well on some standard DVD players. We will also provide you with a DVD+R disk to see if that solves your particular compatibility issue. In some cases this will work. Otherwise, it will be your responsibility to find a DVD player that is compatible with the disks we send.
FOR RUSH ORDERS WE MAKE EVERY EFFORT TO ENSURE THAT THE ITEM WILL SHIP ON TIME, HOWEVER, IT IS IMPERATIVE THAT YOU FOLLOW UP ON THE DAY OF SHIPPING TO ENSURE ACTUAL SHIPMENT. THIS HELPS TO AVOID POSSIBLE ISSUES DUE TO COMMUNICATION DELAYS. THE ONLY REFUND AVAILABLE FOR A MISSED PRODUCTION TIME DUE TO AN ERROR BY DMOTREE, INC IS THE EXTRA COST PAID FOR RUSH DELIVERY.
Dmotree, Inc will use the images and music you supply to us (except where not permitted by these Terms and Conditions) to assemble the products according to your plan. These include hard copies or image files of your photos and music CDs you provide to us (or, by special arrangement with us, music you ask us to acquire for you and on your behalf from a legitimate vendor). You are responsible for all images and music chosen to be incorporated in the project. You must have the right to use the images and music you supply to us in your product, and by placing an order with us you are representing and warranting to Dmotree, Inc that you have that right, that all images you supply belong to you, that all music CDs you supply belong to you and were purchased by you from a legitimate retail vendor for your own personal in-home use, and that you have obtained any third party permissions that may be necessary to use the images and the music you are supplying on your project. Such permissions may include but are not necessarily limited to the permission of the photographer(s) of any professional photograph(s) you supply to Dmotree, Inc for use in the final product. By placing an order with us, you are representing and warranting to Dmotree, Inc that you have all such rights and any necessary permission from third parties. By placing an order with us, your are also agreeing to indemnify Dmotree, Inc against any liability that might arise as the result of a claim by any third party that inclusion of the materials (images and music) you supply to us in your final product violates any copyright or other right of any third party. Dmotree, Inc expressly disclaims any responsibility or liability to any third party arising out of the content of the materials (images and music) you supply to us for inclusion in your final product, and you agree to be solely responsible as to any such claim. Dmotree, Inc also reserves the right not to create a project or any other product if it deems the content to be hateful, harmful or otherwise objectionable or contrary to any law.
If you are unsure, please contact us to describe your project and we will let you know if it is acceptable to send to us. Dmotree, Inc will not accept any photos that depict minors or any person who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. Additionally, if necessary for the protection of minors or as required by law, we will disclose such material to the proper authorities.
Dmotree, Inc produces services using your photographs and subject to this agreement, music you provide to us. Your documents are digitized, enhanced, organized in a slideshow and set to your music. We generally show images between 5 and 8 seconds as this seems to be an optimal balance of not being too slow or too fast. The music that you provide to us will play from to the beginning to the end of your project; in some cases your music may stop at the end credits and not play all the way to the very end. This means that when your end credits show there may be silence or not until your project ends.. This is only an approximation that will vary based on music selected and number of photos in each section. This project is then recorded on a DVD using DVD-R specifications that can be played on most DVD players and televisions. If there are questions on compatibility it is your responsibility to contact us prior to placing the order or review your manufacturer specifications. DVD-R is a non-rewritable format and it is compatible with the majority of DVD Players
and most DVD-ROMs.
Chapters can also be added to DVDs. Chapters will function much like "scene selections" on a Hollywood-style DVD. You will used the "Dmotree Order Form" to provide your instructions for the project including: music titles, written titles to be included in the project, the order of music and corresponding photographs, and other special requests. If you are purchasing this project as a gift, you must specify this on the worksheet so that representatives of Dmotree, Inc will not inadvertently discuss the project with the intended recipient, should Dmotree, Inc need to contact you. You may include as many images as you would like, but should the total time of the project exceed 110 minutes, the project may be recorded onto multiple DVDs. You will send by post or courier (FedEx, UPS, etc) your hard copy documents and music CDs in waterproof packaging with the words "DO NOT BEND" written clearly on the outside to Dmotree, Inc. We will upload digital images to a directory specified by Dmotree, Inc or we will give these materials to your account representative.
*All materials sent to Dmotree, Inc will be returned to you including photos, documents, CDs and any other materials that the customer had sent to us.*
Dmotree, Inc simply assembles the project in accordance with its customer's requests. We do not monitor, critique or otherwise challenge the content of the videos unless it appears to violate the provisions of these Terms and Conditions.
Dmotree, Inc will employ "encryption" technology in producing your project and any additional copies of your project you order from us. By placing an order with us, you agree that you are strictly prohibited from selling, copying, publishing or in any manner making available to the general public, with or without charge (including any form of posting on the Internet) any copies of the project we make for you. You further agree that your use of the video (and any copies of the project we make for you) must be limited solely to your own personal in-home viewing (including viewing in the homes of your friends and family without charge). Should you wish additional copies of you video project in the future, please contact us.
All payments for orders are to be paid in full prior to shipment of the product unless specific arrangements have been made or customer has been approved for credit by Dmotree, Inc.
All logos, graphics, text used to identify Dmotree, Inc and its products and services are the trademarks and property of Dmotree, Inc. All such protected material cannot be copied, displayed, or used in derivative works without the express permission of Dmotree, Inc. Any third party logos, graphics and marks displayed by Dmotree, Inc are the property of the respective owners. These cannot be used, copied or displayed in any way without express permission of the owners of these marks.
DISCLAIMER TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DMOTREE, INC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITS PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES SHALL DMOTREE, INC BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CUSTOMERS PHOTOS, MUSIC CDS, OR ANY OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO AS A RESULT OF THEFT, FIRE, FLOOD, NATURAL DISASTER, WAR, OR TERRORISM. BY PURCHASING THE SERVICES AND PRODUCTS AVAILABLE YOU ARE AGREEING TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.
These Terms and Conditions shall be governed by the laws of North Carolina where Dmotree, Inc is organized. If a court should find any one of the provisions of these terms not enforceable, you agree that the remaining terms shall remain in force. Further, these Terms and Conditions represent the full agreement between you and Dmotree, Inc. We have the right to modify these Terms and Conditions at any time. Should you continue to use the service after notice of the changes, your use will constitute an acceptance of the changes. If there are any questions regarding any of the above provisions, you should contact: Dmotree, Inc – P.O. Box 561356 Charlotte, NC 28256 telephone: (704) 490 - 2965
There will never be any additional charges unless they are authorized in advance and supported by an estimate for additional work and charges signed by the client.