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Introduction
Before you begin setting up your account with Tyars MEDIA, Inc. (herein referred
to as "we", "us", or "Tyars MEDIA"), please read the
following Terms of Use ("Terms") carefully. These Terms govern your access
to and use of the Tyars MEDIA service ("Service"). If you ("you")
agree to these Terms, and wish to use the Service, please click on the "Sign
Up" button. This will constitute a binding agreement between you and Tyars
MEDIA. Your access to and use of the Service are expressly conditioned on your compliance
with these Terms. To decline acceptance, close the window before submitting your
information. Note that any violation of these Terms may result in termination of
our Service to you.
Tyars MEDIA reserves the right to change these Terms from time to time. Please refer
to this site periodically for any changes. By continuing to access or use the Service
after Tyars MEDIA makes any such changes, you agree to be bound by the revised Terms.
Registration
When you set up your account with Tyars MEDIA, you agree to provide current and
accurate information about yourself and update your information to keep it current.
Our use and disclosure of any such information is governed by our Privacy Policy.
You acknowledge that, if any information provided by you is untrue or inaccurate,
we reserve the right to terminate your access to and use of the Service.
During the account set-up process, you may be prompted to select a username and
password. We may refuse to grant you a username for any reason in our sole discretion,
including in the event that we determine that such user name, is illegal, vulgar,
impersonates someone else or is otherwise offensive, or is protected by trademark
or other proprietary rights law. You will be responsible for the confidentiality
and use of your username and password and agree not to transfer or resell your use
of or access to the Service to any third party. You are responsible for the confidentiality
of your password and for all activities, including purchases that are conducted
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 Tyars MEDIA 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 Tyars MEDIA.
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 may terminate your access to and use of the Service immediately if you fail to
comply with the above terms.
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Your Submissions
You may submit certain material to Tyars MEDIA, including without limitation, home
videos and photos, 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 threatening, defamatory, abusive, obscene, pornographic, inappropriate or
profane material or any other material that could give rise to any civil or criminal
liability under applicable law. Tyars MEDIA recommends you use an "adult-content"
warning label when images are being shared that 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, where 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.
While Tyars MEDIA is not responsible for, and does not review or comment on the
content of Submissions provided by Tyars MEDIA users, Tyars MEDIA reserves the right
in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion,
deems abusive, defamatory, obscene, inappropriate, or in violation of copyright
or trademark laws, or otherwise unacceptable, or (ii) take any other action that
Tyars MEDIA deems necessary relating to use or misuse of the Service. Tyars MEDIA
may request confirmation of the copyright or trademark ownership from the submitter.
If Tyars MEDIA does not receive any such confirmation or if there are continued
claims of copyright or trademark infringement relating to certain Submissions, Tyars
MEDIA reserves the right to (i) suspend the shipping of an order relating to the
Submission in question, and/or (ii) share the submitter’s account information
with governmental organizations, law enforcement authorities or other third parties.
If you, as a submitter, dispute any copyright or trademark infringement claims,
we will share with you the contact information of any party claiming any such infringement.
In the event of any such dispute, Tyars MEDIA reserves the right to suspend the
display, viewing or sharing of any Submissions until the issue has been resolved.
You hereby grant to Tyars MEDIA a non-exclusive, royalty-free license to use, publish,
copy, modify, transmit, display and distribute your Submissions for the sole purpose
of delivering the Service. In addition, you warrant that all moral rights in any
Submissions and uploaded materials have been waived and do hereby waiver any such
moral rights.
We recommend you keep back-up copies of your Submissions on your hard drive or other
personal system. The Tyars MEDIA service is not intended as a guaranteed back-up
solution.
Your physical or electronic sharing of your images constitutes permission for reprinting
by the recipient. Tyars MEDIA will not be liable for the content of any Submission
and expressly disclaims all liability relating thereto.
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Copyright
Tyars MEDIA is committed to protecting copyrights and expects users of the Service
to do the same. Customer declares that all materials submitted to Tyars MEDIA for
transfer, sharing or other reproduction, are not in violation of any copyright laws.
Customer will indemnify and hold Tyars MEDIA harmless in respect to any claim of
violation of such laws. The materials submitted were either created by customer
or customer has the permission of the copyright owner to duplicate them. If the
customer does not own the copyright, please contact us for more information.
At Tyars MEDIA discretion and in appropriate circumstances, Tyars MEDIA 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
ATTN: Copyright Protection
Tyars MEDIA
PO Box 130
Laveen, AZ 85339
Email: info@TyarsMEDIA.com
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Age Requirements
You must be at least 13 years of age to use our Service. If you, your parent or
guardian, have any concerns please feel free to contact us.
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Access to Your Account
You can allow other people to view selected images in your account through Tyars
MEDIA online share feature. The people you invite to view your images through online
share will be able to see the images you have selected for them and will not have
access to your entire account. Linking directly to images on Tyars MEDIA servers
from external sites is expressly prohibited.
We need to be able to access your account for the following reasons:
1. We can remind you of your password in case you forget it; if this becomes necessary,
we send an e-mail upon your request to the address from which you opened your account;
2. To maintain our Service to you and develop new and useful features and services;
3. To follow a court order, subpoena, complaint or a lawful request from governmental
authorities;
4. Tyars MEDIA reserves the right to close accounts set up for fraudulent purposes.
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Web Addresses (URLs)
As part of Tyars MEDIA sharing service, Tyars MEDIA may provide users with access
to and use of pages on the Tyars MEDIA site and the corresponding online web addresses
(URLs) that, in some cases, may be chosen by the user. Tyars MEDIA does not guarantee
the availability of a particular web address. Tyars MEDIA also reserves the right,
at any time and for any reason, to reclaim, suspend, terminate and/or transfer any
web page or address provided by Tyars MEDIA to a user as it deems necessary in its
sole discretion and, at Tyars MEDIA option, to provide users with an alternative
web page and address.
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Canceling the Service
If you violate any of these Terms, your permission to use the Service will terminate
automatically. Tyars MEDIA reserves the right to cancel the Service or to discontinue
accounts that have been inactive. We may do so at our discretion after sending an
e-mail warning to the address you used when you set up your account and waiting
for a reasonable period for your response.
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Return Policy
Tyars MEDIA is a premium transfer service. If a customer is not satisfied with an
order, Tyars MEDIA will attempt to re-do the order and attain a quality level as
close as possible to the original source quality. However, as with custom services
in other businesses and industries, transfer orders and related custom production
services are non-refundable.
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Copyrighted Material and Software
All of the information, content, and materials we offer are protected by copyright
and other applicable laws of both the United States and foreign countries. You may
not copy or distribute such material without the copyright owner’s prior written
consent. You may use these materials for personal, non-commercial use only, subject
to the restrictions set forth in these Terms, so long as you do not modify the materials
or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the Tyars MEDIA site and Service is and
will remain the exclusive property of Tyars MEDIA. The site and Service are protected
by copyright, trademark and other laws of both the United States and foreign countries.
You may not copy or modify the HTML code used to generate web pages on the site.
You may not use the site or Service on, or in connection with, any other website,
for any purpose.
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Privacy Policy
When you create an account with Tyars MEDIA, you need to provide some personal information,
such as your name, e-mail address, and mailing address. We protect and use this
information as set forth in our Privacy Policy.
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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.
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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 from 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.
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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 Arizona,
without regard to its conflict of law provisions, and hereby consent to jurisdiction
and venue in the courts of the Arizona, located in Phoenix, Arizona.
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Export
You are responsible for compliance with all local laws, and you are required to
comply with U.S. export laws and regulations when you use or export any software
or materials provided through the Service.
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Disclaimer of Warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH Tyars MEDIA’s 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, Tyars MEDIA 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.
Tyars MEDIA 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. Tyars MEDIA 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 Tyars MEDIA’ SITE OR ADVERTISED THROUGH Tyars MEDIA’ SITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Tyars MEDIA OR THROUGH
THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
Tyars MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED 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 Tyars MEDIA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS
OR USE, Tyars MEDIA’ 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 Tyars MEDIA 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, Tyars MEDIA 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 IMEMOREIS TO YOU FOR ANY AND ALL CLAIMS
ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100 (US). YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT Tyars MEDIA HAS SET ITS PRICES AND ENTERED INTO THIS
AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES
OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO Tyars MEDIA, CUSTOMER REQUESTS TRANSFER
SERVICES DESCRIBED. CUSTOMER AGREES THAT THE LIABILITY OF Tyars MEDIA, 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 LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND
IS LIMITED TO $100. CUSTOMER ALSO AGREES THAT Tyars MEDIA, 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.
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Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you. All
items purchased through Tyars MEDIA 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, Tyars MEDIA will charge you for the entire amount of your
order. Tyars MEDIA 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 Tyars MEDIA with respect
to this Service, and supersede all other communications, written or oral, with regard
to the Service. The failure of Tyars MEDIA to enforce any right or provision of
these Terms will not be deemed a waiver of such right or provision.
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We now offer wedding videography!
