Terms of Services 

Hello and welcome to Best Video Studio! Feel free to browse around. Find out more about how our digitizing services will enable you to save and preserve your family archive of photos, slides, home movies and videos. Enjoy your visit and discover that using Best Video Studio’s services is not only simple but also great fun!

After you’ve made the decision to set up an account with Best Video Studio, LLC. (herein referred to as "we", "us", or "Best Video Studio") please take the time to read carefully through our Terms of Use ("Terms"). These Terms will determine your access to and use of the Best Video Studio service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click the "Sign Up" button below. By doing so you will be entering a binding agreement between yourself and Best Video Studio. Your access to and use of the Service depend on compliance with these Terms. If you do not accept the Terms, click on the "Cancel" button. Please note that non-compliance with these Terms may lead to the withdrawal of our Service to you. Best Video Studio reserves the right to change these Terms if and when the necessity arises. We recommend that you visit this site from time to time to check up on any changes. By continuing to access or use the Service after such changes have been made, you are agreeing to be bound by the updated Terms.

Registration 

When you set up an account with Best Video Studio, you agree that the information you provide about yourself is current and correct and that you will keep it up to date. To find out more about our use and disclosure of any such information, please refer to our Privacy Policy. You acknowledge that, if any of the information you give is false or incorrect, we reserve the right to terminate your access to and use of the Service.

In the process of setting up your account, you will be required to choose a username and password. We reserve the right to deny you the use of a username for any reason at our sole discretion. Reasons for this could include the fact that we determine that the said user name is illegal, distasteful, is impersonating someone else or is in any other way offensive, or is protected by a registered trademark or other proprietary rights law. You will be responsible for maintaining the confidentiality of your username and password and agreeing that neither of them will be transferred or resold to enable any third party use of or access to the Service. You are responsible for the confidentiality of your password and for all activities, including purchases, carried out through your account.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access and use the Service, including any text, sounds, data, links graphics, and other materials incorporated into the Service (other than your Submissions), solely as made available by us and solely for your own personal purposes. The Service, including all such materials and all intellectual property rights therein, remain the property of Best Video Studio or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the Service for any commercial purpose without the written consent of Best Video Studio.

While using the Service, you agree not to:

1. Engage in spamming or flooding;
2. Violate any applicable laws or regulations;
3. Modify, sublicense, adapt, translate, reverse engineer, sell, decompile or disassemble any portion of the Service;
4. Collect information about users of the Service without their express consent.
5. Abuse, harass, threaten, stalk or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
6. Transmit any software or other materials that contain any viruses, worms, trojan horses, defects or other items of a destructive nature;

We reserve the right to terminate your access to and use of the Service immediately on your failure to comply with the terms set down above.

Your submissions 

You are entitled to submit certain material to Best Video Studio, LLC. including without limitation, home movies and pictures, both in physical and digital format, as part of your use of the Service ("Submissions").
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

1. Any material that could give rise to any civil or criminal liability under applicable law. This includes, but is not restricted to, any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material. Best Video Studio asks you to display a prominent "adult-content" warning label with any images to be shared that may include legal adult content;
2. Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, wh ere applicable) who are shown in the material if applicable;
3. Any material sent from an anonymous or false address;
4. Any material that promotes bigotry, racism, hatred or harm against any individual or group.

We would like to point out that Best Video Studio service is not intended as a guaranteed back-up solution and we therefore urge you to keep back-up copies of your Submissions on your hard drive or other digital storage device.

Please be aware that by physically or electronically sharing your images you are consenting to them being reprinted by the recipient. Best Video Studio will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright 

Best Video Studio is committed to copyright protection and expects the same of Service users. The Customer declares that all materials submitted to Best Video Studio for transfer, sharing or other forms of reproduction do not infringe any copyright laws. The Customer will indemnify and not apportion any blame to Best Video Studio with respect to any claim of violation of such laws. At Best Video Studio' discretion and in appropriate circumstances, Best Video Studio may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.
Customer Service
Best Video Studio
2678 Ocean Ave
Suite 2G
Brooklyn, NY 11229
Email: support@BestVideoStudio.com

Age requirements 

Our Service is not available to anyone under the age of 13. If you, or your parent or guardian, have any concerns please do not hesitate to contact us.

Access to your account 

We need to be able to access your account for the following reasons: 

• To remind you of your password in case you forget it; if this happens, we will send you an e-mail at your request to the address from which you opened your account;
  

• To comply with a court order, subpoena, complaint or a legal request from governmental authorities; 

• To maintain our Service to you and enable us to make new and useful features and services available to you;

Best Video Studio reserves the right to close accounts , which have been set up with fraudulent intent.

Canceling the service 

Violation of any of these Terms will result in the automatic termination of your permission to use the Service. Best Video Studio reserves the right to cancel the Service or to discontinue accounts that have remained inactive for long periods. We may do this at our discretion. However, before doing so we shall send an e-mail warning to the address from which you set up your account and allow you a reasonable period to respond.

Return Policy 

Best Video Studio is a premium transfer service. If you are dissatisfied with your order we will do our best to correct it and attain a level of quality as close as possible to that of the original source material. However, as with custom services in other businesses and industries, transfer orders and related custom production services are non-refundable.

Copyrighted material and software 

All of the information, content, and materials we offer are protected by the copyright and related laws of the United States and other countries. The distribution or copying of the said materials without the prior written permission of the copyright holders is forbidden. These materials are intended for personal, non-commercial use only and are subject to the restrictions laid down in these Terms, provided that the materials are not modified by you and that you do not remove any copyright or other proprietary rights notices pertaining to these materials.

All right, title and interest in and to the Best Video Studio site and Service is and will remain the exclusive property of Best Video Studio. The site and Service are protected by copyright, trademark and related laws of both the United States and other countries. You may not copy or alter the HTML code used to generate web pages on the site neither may you use the site or Service on, or in connection with, any other website, for any purpose.

Privacy policy 

When you create an account with Best Video Studio, you will be required to provide some personal information, including your name, e-mail address, and mailing address. Please see our Privacy Policy for details of the way we protect and make use of this information.

U.S. Government Restricted Rights 

All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail. 

Indemnification 

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless fr om and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights. 

Claims 

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the New York.

Export 

It is your responsibility to comply with all local laws. You are also required to comply with U.S. export laws and regulations when using or exporting any software or materials provided through the Service.

Disclaimer of warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH BEST VIDEO STUDIO' SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEST VIDEO STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEST VIDEO STUDIO MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEST VIDEO STUDIO MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH BEST VIDEO STUDIO' SITE OR ADVERTISED THROUGH BEST VIDEO STUDIO' SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FR OM BEST VIDEO STUDIO OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BEST VIDEO STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIM ITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF BEST VIDEO STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, Best Video Studio' SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BEST VIDEO STUDIO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BEST VIDEO STUDIO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF BEST VIDEO STUDIO TO YOU FOR ANY AND ALL CLAIMS ARISING FR OM THE USE OF THE SITE OR SERVICE IS LIM ITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BEST VIDEO STUDIO HAS SE T ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIM ITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIM ITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIM ITATIONS MAY NOT APPLY TO YOU.
BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO BEST VIDEO STUDIO, CUSTOMER REQUESTS TRANSFER SERVICES DESCRIBED. CUSTOMER AGREES THAT THE LIABILITY OF BEST VIDEO STUDIO, ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO THE CUSTOMER'S FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIM ITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIM ITED TO $100. CUSTOMER ALSO AGREES THAT BEST VIDEO STUDIO, ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO THE CUSTOMER FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE. 

Customer Policy for Idea Submission 

Many of our customers express an interest in submitting ideas for products and services to be used by Best Video Studio either independently of, or in conjunction with, our own in-house innovations. Customer interest in improving our service is much appreciated but please be aware of our policy on the submission of unsolicited ideas:

* Unsolicited ideas submitted to Best Video Studio, LLC. or any of its employees automatically become the property of Best Video Studio, LLC.

* Unsolicited ideas submitted to Best Video Studio, LLC. or any of its employees automatically become the property of Best Video Studio, LLC.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Best Video Studio, LLC. or its employees.

Instead:
If it is your intention to establish ownership of the intellectual property rights to your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your proposals or samples to Best Video Studio, Inc. or its employees.
Send a message to service@bestvideostudio.com with ONLY a general outline of your idea.

Intellectual Property 

The systems, services, and products, or portions thereof that form part of the Services, are considered confidential and proprietary to Best Video Studio. You agree not to take any action that will interfere with or disrupt the Service. Best Video Studio will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. Best Video Studio may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Best Video Studio has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

Miscellaneous 

We may assign our rights and responsibilities hereunder without notice to you. All items purchased through Best Video Studio are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
When you place an order, Best Video Studio will charge you for the entire amount of your order. Best Video Studio reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and Best Video Studio with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of Best Video Studio to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.