1 Terms and Conditions
1.1 Acceptance of Terms and Conditions
The website at www.videolabsolutions.com.(the “Website”) is owned and operated by Videolab Solutions LLC. We are a company based in Miami Beach and our address for correspondence is: 1000 5th Street, Miami Beach FL 33139. These terms and conditions are deemed to incorporate our Privacy Policy, which you should read together with these Terms and Conditions. Further information within.
Your use of the Website and your use and/or purchase of Videolab Solutions ‘s Products and Services whether accessed via the Website or any other means is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.
By accessing this Website or using and/or purchasing Videolab Solutions ‘s Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase Videolab Solutions Products and Services.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of Videolab Solutions Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase Videolab Solutions Products and Services (as applicable).
Your use of this Website or your use and/or purchase of Videolab Solutions Products and Services after changes are made means that you agree to be bound by such changes.
2 Purchasing or Joining Us
2.1 Minimum Criteria
To Purchase any of the Videolab Solutions Products and Services or become a Member of Videolab Solutions, as a minimum:You must be at least 16 years of age and own a debit card. Persons under the age of 16 are not permitted to join or purchase from Videolab Solutions;
You must live in the United State); and You agree to provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current.
2.2 Updating address details
If you change address or input provide them incorrectly, you must update us immediately (please visit our contact page) to ensure that your order and DVDs are sent out to the correct address. Please ensure this is done before your order is returned to you, as you will be liable for all costs incurred as a result of the wrong address being provided in your order.
2.3 Refusal of order or membership application
We may refuse any application to become a Videolab Solutions Member or Purchase any of Videolab Solutions Products and Services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your order and account and any special offers or promotions that we may offer you from time to time. Your details will never be sold to third parties.
2.4 Scratched, Damaged and Missing Discs
Videolab Solutions will (when deemed necessary) clean and polish any scratched and/or damaged discs before they are digitised using qualified disc repair apparatus. Although every attempt will be taken to digitise your discs, Videolab Solutions reserve the right to withhold a scratched and/or damaged disc from being digitised if it is considered that by doing so it will cause damage to our equipment.
Discs that are deemed beyond basic economical repair will be flagged with a red sticker on the case and will not be digitised. Discs that cannot be digitised after a clean and polish will still be charged at the prevailing rate used at time of order.
If a customer supplied case contains multiple discs only one will be selected at random and digitised. All additional discs supplied over and above the ordered quantity will be charged on a pro-rata basis and payment will be required first. Refusal permits Videolab Solutions to randomly select the number of discs to be digitised from the collection received.
Although Videolab Solutions will try to digitise your collection in its entirety; in some special cases discs may not be able to be digitised either due to damage or poor formatting. No refund will be applied for discs that cannot be digitised.
3 Videolab Solutions’s Products and Services:
Videolab’s Products and Services include but not limited to:
Digitising your privately owned CDs, DVDs, Vinyl’s, Cassettes and VHS tapes.
Meta-tagging your collection with as near to accurate information as possible.
Supplying quality digital products including but not restricted to: Media Players, Storage Devices (HDD) including flash drives.
Videolab will select at all third-party included products such as but not limited to storage devices and media players for bundles and fully inclusive offers.
Only feature film and TV shows will be digitised, no extras or bonus content will be digitised.
. Our back up policy to cover transit or hard drive damage during transit is 30 days and upon expiry your files be deleted from our server without further notice.
4 Other Terms and Conditions, Rules incorporated
Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any videolab Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
4.1 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any ofVideolab’s Products and Services. If required and deemed the right thing to do, we will notify members and subscribers by email at least 30 days in advance of any such change.
5 Collection And Return Of Discs; Lost Discs, Ownership, Account Billing, Refunds:
5.1 Delivery and collection of discs
5.2 Lost order/Discs
You must wait a minimum of three working days before reporting your order and discs as not received or lost. It is your responsibility to then report all lost discs to us via our contact page on our website. You must comply with the couriers own claim compensation process or our process where we handled delivery and/or collection directly.
If Videolab is deemed responsible for lost discs, either a used replacement like for like or as near as will be provided, or a cash value equivalent to the used market price (maximum $5 per disc) for all or part of your order. Special additions, collectables and all other discs that cannot be sourced, or sourced at a reasonable price, or valued due to scarcity or lack of expert, a maximum compensation value of $5 per disc will be offered.
5.3 Failed Collection, Delivery, Storage Fees
Videolab will make two attempts to deliver your completed order before returning your order and discs to our facility. Once back you have 14 days to make arrangements with us for them to be re-delivered back to you.
Re-Delivery will be charged at the publicly displayed applicable rates as shown on the DPD courier website plus $15 administration fee. After 14 days storage fees of 5p per disc per day will be charged until either collection or re-delivery has been successful.
The re-delivery charge and storage fees (when applicable) require full settlement before we can release your order or discs.
After 100 days from the first failed delivery Videolab will deem them unwanted and your acceptance of these terms and conditions permits the sale of your order or discs to cover all outstanding fee’s accumulated during storage. If the sell price exceeds the amount owed will refund the difference.
Videolab may attempt to contact you during the 100-day period to arrange a successful return, but primarily the responsibility is with you our customer to satisfy directly with receipt of your order and discs.
Videolab will make only two collection attempts. For each subsequent re-arranged collection a charge of $35 will be made and requires immediate settlement by card. Whether charged for or not, 7 failed collections (including the first two) or within 90 days from the date of order (whichever comes first) will deem the order cancelled by you and no refund permitted. Videolab reserves the right to make special arrangements to these conditions if deemed fair and appropriate.
Videolab may attempt to contact you during the 90-day period to re-arrange a successful collection, but primarily the responsibility is with you our customer to satisfy directly with DigiRAW the collection of order and discs.
5.4 Account Billing, Refunds
Online orders are charged instantly to your card or PayPal account used. You can cancel your order and receive a full refund providing digitising has not commenced. Refunds either in full or part, or exchange once digitising has commenced even if not completed remain at the discretion of Videolab.
Where physical products for example storage devices and media players have been sold separately or included within a bundle or service offer, refunds can only be considered provided the item(s) have not been opened, used and packaging including parts within have not been used, lost or damaged.
6 Items sent to us in error
We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items at reasonable cost to you, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
7 Cancellation By You And Termination By Us
7.1 Order Cancellation by you
You may cancel your order and receive a full refund providing cancellation is within 24hrs from date of collection of your discs, and providing we have not commenced digitising. We may require you to authorise cancellation via telephone. If disc digitising has commenced then the order will be completed and no refunds can be permitted.
Videolab has 14 day or less turnaround to complete your order is a near to accurate estimate. Seasonal trends, force majeure and occasional equipment downtime for example can cause delay in completing your order. As soon as it becomes apparent to us that longer than 14 days is required, we will contact and notify you of delays and provide a revised time to complete. Where
Videolab confirms a delivery time beyond one calendar month from receipt of collection or delivery of your media to us, a full refund can be requested without claim for compensation.
7.2 Stolen Property, Piracy, Ownership
Videolab will not accept or knowingly accept orders to digitise stolen, pirated or borrowed media.
Your digital files belong to you and only you. To continue enjoying them you must retain ownership of your discs to conform to fair use rules. Do not share, upload, sell or stream to the general public at large.
Should you fail to comply with these conditions and your actions result in legal dispute or break the law you agree to indemnify Videolab our shareholders, directors, officers, or employees be liable (jointly or severally) of all threat and cost resulting from your actions.
You agree to indemnify and hold Videolab, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, or any violation by you of any applicable laws or the rights of any third party.
7.3 Termination by us
7.4 Viewing and listening to your digitized material
You acknowledge applicable intellectual property and other rights in the media including but not limited to CDs and DVDs that you hire DigiRAW to digitize for you. Accordingly, you undertake that:
You will play your digitised media for personal, private use only (and not for any direct or indirect commercial purpose);
You will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any digital content held originally in your media collection such as but not limited to CDs and DVDs;
8 Prohibited Use Of The Website
8.1
9 Material On This Website
9.1 Copyright
All materials (including software and content whether downloaded or not) contained on the Website are owned by Videolab (or our affiliates and/or third party licensors (as applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.
9.2 Trade marks
Videolab, the Videolab logo and all other Videolab product or service marks are trademarks of Videolab. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any license or right to use, alter or remove such material.
10 Links To Other Websites / Services
11 General Terms And Conditions
11.1 Privacy
We collect personal information about you through and in connection with your use of the website and your use and/or purchase of Videolab Products and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page is deemed to be incorporated into these Terms and Conditions.
11.2 Cookies
11.3 Promotion Codes
11.4 Indemnity by you
You agree to indemnify and hold Videolab, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, or any violation by you of any applicable laws or the rights of any third party.
11.5 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in these Terms and Conditions shall exclude or in any way limit **Videolabs liability for:**
fraud; or
death or personal injury caused by its negligence
liability to the extent the same may not be excluded or limited as a matter of law.
(b) Videolab’s Products and Services, the Website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of Videolab’s Products and Services, the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of Videolab’s Products and Services or the Website, any failures, delays, or interruptions in the shipment of orders and discs. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this terms and conditions unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of Videolab’s Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Videolab’s Products and Services in the month preceding any such claim.
12 Warranties & Support
Warranty claims on all third-party branded products should be directed to the manufacturer(s) directly. Videolab does not provide any mandatory technical support on any third-party branded products other than those we may display on our website or blogs.
Digitised media should be checked upon delivery or collection. To compliment this advice Videolab provides a 30-day (from receipt by you) notification time to complete your check. Anything relating to a failure caused or created by Videolab within this time-scale will be fixed to your satisfaction and in accordance with these terms and conditions for which you accept. Any digital error fix found after 30-days is at the discretion of Videolab.
12.1 Applicable Law
Warranty claims on all third-party branded products should be directed to the manufacturer(s) directly. Videolab does not provide any mandatory technical support on any third-party branded products other than those we may display on our website or blogs.
Digitised media should be checked upon delivery or collection. To compliment this advice Videolab provides a 30-day (from receipt by you) notification time to complete your check. Anything relating to a failure caused or created by Videolab within this time-scale will be fixed to your satisfaction and in accordance with these terms and conditions for which you accept. Any digital error fix found after 30-days is at the discretion of Videolab
12.2 Assignment/Transfer By Us
12.3 Assignment/Transfer by You
Videolab memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
12.4 No Waiver
12.5 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or any of Videolab’s Products and Services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
12.6 Entire Agreement
12.7 Interpretation
13 Videolab’s Contact Details
All correspondence to Videolab, including any queries you may have regarding your use of the Website, your use and/or purchase of Videolab’s products and services or these Terms and Conditions, should be sent to the address set out in clause 1. Videolab, High Acre Estate, Fulwell Road, Buckingham, United Kingdom. customercare@digiraw.com.
14 Privacy Policy
Videolab recognises that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously. DigiRAW will never sell, except as set out in this Privacy Policy, and otherwise disclose any of your personal information, including your Email address, to any third party without your consent. Unless you give us specific consent to act otherwise, the following policies will govern how Videlab handles the personal information that you provide to us.
Further information on our Privacy Policy.
15. Information storage
16. Information sharing and disclosure
Videolab is committed to protecting your personal information. We will share your personal information only as described below and the subsidiaries which we control and that follow practices at least as protective as those described in this Privacy Policy.
We will not disclose your personally identifiable information to third parties without your consent except:
where Videolab is required by law to disclose information to third parties;
where the disclosure is necessary for the performance of our operations (eg. mail delivery, hosting services, protecting us from fraud, and payment of your account); or
Videolab buys or sells subsidiaries or business units in connection with a corporate transaction, such as a sale, merger, consolidation or asset sale, or an internal reorganisation, or in the unlikely event of insolvency. If such a transaction or event required the transfer of customer information, then that information would be one of the transferred assets, but would remain subject to the commitments made in any pre-existing Privacy Policy or equivalent.
We also may share your personal information with third parties (i.e. agents or sub-contractors) specifically engaged by DigiRAW to provide services to us, in which case we will require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us.
Companies and individuals registered in the DigiRAW Affiliate Program receive aggregate information about customers that they direct to DigiRAW through links on their websites. No personally identifiable information is provided to affiliate members; the information collected from our affiliates is used strictly for the affiliates program and will not be used for general marketing purposes.
Videolab also provides analyses of our customers in the aggregate to prospective partners, advertisers, movie distributors and other third parties. We do this so that we and our business partners can understand you better, and so we can keep bringing you first-rate services. We may also disclose, on an anonymous basis, literal statements made by our customers. At no time, however, will we disclose personal information about specific customers.
Linked websites are not under the control of DigiRAW and we are not responsible for the conduct of companies linked to our Website, including Facebook should you choose to use the DigiRAW Facebook Application. Before disclosing your personal information on any other website we advise you to examine its terms and conditions of use and privacy policy.
Please note that you have certain rights under the Data Protection Act 1998. You have the right to be told what personal information we hold about you, to correct errors in that information and to prevent DigiRAW from using your personal information for direct marketing purposes. Should you wish to exercise these rights, or if you have any questions concerning the DigiRAW privacy policy please contact us by email and a member of our team will be in touch to assist your desires.Videolab
16.1 Security and prevention against loss, misuse or alteration of information
Videolab has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available.
For transmitting your personal information to us, we use a secure server, which encrypts all of your personal information.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
Your Videolab account information is password-protected for your privacy and security. You can play an important role in keeping your personal information secure by maintaining the confidentiality of your password used on the Videolab website. We recommend that you change your password from time to time for additional security. Please advise us immediately if there is any unauthorised use of your account by any other Internet user or any other breach of security.
Access authorisation is granted only to staff of Videolab and other related members of Videolab companies and to our agents or subcontractors if necessary for the performance of our operations or for them to provide services to us. Any information accessed by those agents or subcontractors is required to be kept confidential and secure and is not permitted to be used for any purpose except to provide their services to us.
Backups are run to prevent loss of information, and our Internet servers are housed in secure facilities.
17. Internet Advertising
On both Videolab-owned and operated sites and unaffiliated sites, Videolab may display interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities on our sites or visiting sites that contain Videolab content or ads.
Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who browsed or watched a certain film genre). Also, some third parties may provide us information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.
On both Videolab-owned and operated sites and unaffiliated sites, Videolab may display interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities on our sites or visiting sites that contain DigiRAW content or ads.
Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who browsed or watched a certain film genre). Also, some third parties may provide us information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.
On both Videolab-owned and operated sites and unaffiliated sites, Videolab may display interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities on our sites or visiting sites that contain DigiRAW content or ads.
Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.
We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who browsed or watched a certain film genre). Also, some third parties may provide us information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.