1. OVERVIEW

This website is operated by Everlasting Studios. Throughout the site, the terms “we”, “us” and “our” refer to Everlasting Studios. Everlasting Studios offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All sales are final.  There are no refunds offered on any product or service except in the case where no work has been performed by Everlasting Studios and the client requests a refund within 24 hours of the initial sale.  If work has been performed in any capacity then the client may receive a store credit for the difference between payment made by client and the value of the work deemed performed by Everlasting Studios.

30 day quality guarantee.  We guarantee our product for 30 days from delivery. If you are unsatisfied please reach out to us at [email protected] with a description of the issue. If issues are found we will fix them promptly. 

Everlasting Studios is not responsible for late, lost, damaged or misdirected mail.

By submitting an order, Customer declares and warrants that all materials provided for conversion and/or duplication are not in violation of any copyright laws.

Customer will indemnify and hold Everlasting Studios harmless in respect to any claims or demands by any third party that infringes upon any Copyright law. The video materials submitted were either created by Customer or Customer has the right to permit Everlasting Studios to perform duplication services, or Customer has the permission of the copyright owner to duplicate video materials and written release form is provided.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We have a minimum order value of $75

We may charge extra for necessary repairs

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5A – Monthly Cloud Services

1. We offer the cost of Google Drive’s normal prices plus an additional fee for management and technical support. You can save money by using Google Drive directly, but we do not offer technical support for non-subscribers
2. The purpose of the stored files/folders is for access, but not uploading – there may be size limitations if you want to upload more files yourself to this folder so please reach out to us first
3. This service is subject to change if Google Drive Terms & Conditions restrict the usability of this service
4. Please give us 2-3 business days to respond to technical support concerns
5. We will never delete your files or share them with others unless you give explicit permission
6. We are not responsible for deleted or altered files
7. We are not responsible for what happens with the files from the actions of other accounts that you have shared access with
8. We reserve the right to end or change this service at any time
9. Prices are subject to change if Google Drive changes their pricing 
10. We are not affiliated with Google Drive, and offer these services as a 3rd party
11. You can cancel this service at any time, if it is before the 7th of the month then we will not charge you for that given month (please email us at [email protected])
12. We do not offer refunds
13. If a monthly payment is not received, we will reach out to you. If we do not receive the payment owed for 45 days since the payment was due then we may delete your files to free up storage
14. Everlasting Studios will be listed as the owner of the folder(s) – this is so we can upload your digitized files, help with technical support concerns, and more
15. By using this service with Everlasting Studios, you understand and accept all of the terms and other information listed in this document
 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Everlasting Studios, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Everlasting Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree to indemnify, defend, and hold Everlasting Studios, our licensors, affiliates, and their respective directors, officers, employees, contractors, agents, and representatives harmless from any claims, causes of action, demands, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees and expenses). This indemnification extends to situations arising from:

  1. Your placement of an Order, submission of Materials, and communications with Everlasting Studios.
  2. Violation of any provisions in these Service Order Terms.
  3. Activities related to your access to the Services, including negligent or wrongful conduct.
  4. Violation of any third-party rights, such as intellectual property, publicity, confidentiality, property, or privacy rights.

These indemnification obligations apply specifically to you and your Order for our Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with us in asserting any available defenses.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – RISK

Due to our use of older equipment/players for transferring your films, there is a very small risk that your films could get damaged from equipment malfunction. 

We provide a 30-day backup in case of USB failure or loss – we recommend to copy your digitized files from the USB/Google Drive link we provide to 2 or more storage devices and on cloud storage like Dropbox, iCloud or Google Drive to mitigate the risk of losing these files. USB sticks can last 10 years or longer but should not be solely relied on. Copying your files onto a new USB every 5 years or so is recommended.

We are not to be held responsible for accidental damages caused to your films due to equipment failure or USB failure

Everlasting Studios does not provide any services related to the shipment of Materials or Digitized Materials to or from its offices. Therefore, any services acquired from Everlasting Studios are subject to a shipment contract. This implies that the risk of loss for your Materials transfers to Everlasting Studios only upon arrival at our offices, and the risk of loss reverts to you when we deliver your Materials and/or Digitized Materials to the designated shipping carrier (UPS, Canada Post, or another common carrier). BY SHIPPING ANY MEDIA TO EVERLASTING STUDIOS, YOU ACKNOWLEDGE THAT EVERLASTING STUDIOS IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED, OR MISDIRECTED MAIL.

We employ an effective system for receiving, organizing, and tracking Materials throughout the provision of our services. Every effort is made to handle all Materials with due care in a commercially reasonable manner. However, acknowledging the imperfections of any system, we concede that there is a possibility of misplacement or mismatching of Materials. Moreover, Materials, particularly old media files, might incur damage during the digitization process, unrelated to any fault or negligence on our part.

YOU ACKNOWLEDGE THE INHERENT RISK OF SUBMITTING YOUR MATERIALS TO EVERLASTING STUDIOS, UNDERSTANDING THAT YOU MAY NOT RECEIVE THEM BACK, AND/OR THEY MAY NOT BE RETURNED IN THE SAME CONDITION AS SENT. BY PLACING AN ORDER WITH EVERLASTING STUDIOS, YOU ACCEPT THIS RISK.

If you notify us of your belief that we have misplaced, damaged, or mismatched your Materials after their receipt and during our possession, we will carefully review your notification (a “Notification of Loss”). Failure to provide Everlasting Studios with a Notification of Loss within thirty (30) days of your receipt of your Materials and Digitized Materials as returned to you shall be deemed a waiver of your right to file a Notification of Loss and conclusively demonstrate your acceptance of the Materials and Digitized Materials as returned.

You agree to abide by our review and determination. As outlined below, Everlasting Studios provides no warranty and disclaims all potential liability regarding all aspects of our services in handling your Materials.

Our determination may involve findings that we never received your Materials, did not cause damage during digitization, or that damage occurred through no fault of Everlasting Studios. We may also determine an obligation to you. Following our determination, we will provide a written response to your Notification of Loss. Depending on the situation, we may offer to replace your Material(s) with equivalent blank media or refund your Order, compensate for loss or damage, or decline to issue a refund or provide compensatory funds.

In the case of mismatched Materials, you agree to return them to us within fifteen (15) days of receiving return shipping instructions, with shipping costs covered by Everlasting Studios.

IN ANY CASE, YOU AGREE TO ACCEPT THE RISK OF SENDING YOUR MATERIALS TO US, AND FURTHER, YOU HEREBY AGREE TO BE BOUND BY OUR DETERMINATION AND ASSESSMENT OF YOUR NOTIFICATION OF LOSS. You also commit not to disparage, libel, or defame Everlasting Studios, and you undertake not to take any actions causing reputational damage to our business, in compliance with provincial or federal laws preventing tortious interference with a business. 

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada 

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]\