USE OF OUR SERVICES INDICATES YOUR ACCEPTANCE OF THE
FOLLOWING AGREEMENT
SERVICE AGREEMENT - Version 1.02

This User Agreement was last revised on August 31, 2008.

The following describes the terms by which Gabriel Espinosa, DBA Furryllama Media Productions, at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com offers you access to our services;

This Agreement describes the terms and conditions that are applicable to your use of our production services sponsored by our online websites at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com. If you have any questions regarding this agreement please email us as admin@furryllama.com. It is important that you understand we may alter this Agreement at any time by posting the amended User Agreement or amended section of the User Agreement on our site on the News page. Except as stated below, all changes to this agreement shall automatically become effective 30 days after they are initially posted on our News page. This Agreement may not be otherwise amended except in writing and signed by you and Gabriel Espinosa.

Description of Services.

Gabriel Espinosa, operating as a legal DBA entity within the United States, offers web/internet services including but not limited to website design, hosting, maintenance and marketing, CD/DVD conversion & media restoration & Videography services to customers. Source media (to be converted and/or restored) may consist of any form of motion or still video and/or audio that the client presents. Gabriel Espinosa may be limited in capability to read and/or convert such media, in which case it will remain the discretion of Gabriel Espinosa to outsource any portion of the client's project to a third party established vendor service for assistance. Customer will be wholly responsible for media exchange by determining the method of transport (default method is USPS w/$100 insurance). Customer will be wholly responsible for the final CD/DVD and/or restoration resulting from the quality of the source media submitted for conversion/restoration. Fees and penalties shall be defined prior to the beginning of any project and Gabriel Espinosa will reserve to right to terminate any project at any stage without penalty pending a full refund, less shipping and communications expenses, to client. Any additional services offered to users at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com shall be subject to the terms of this agreement.  

Service Eligibility.

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

Refunds & Penalties

Refunds will not be granted for web/internet services once the project has been approved by client. Refunds will not be granted for any reason unless it is determined by Gabriel Espinosa that an error was made in the production process of creating a client's CD/DVD or restoration media or Videography or if Gabriel Espinosa did not comply with written instructions submitted to, acknowledged by and approved by Gabriel Espinosa from client prior to the beginning of said production. Because verbal communications are subject to translation and interpretation it will remain the responsibility of the client to document and obtain approval and pricing from Gabriel Espinosa on any instruction pertaining to any web/internet project and/or CD/DVD and/or restoration project and/or Videography. Should the client not provide such written requirements and obtain approval from Gabriel Espinosa, prior to the start of production the client may be responsible for additional fees should post production changes be required.
Customer will be wholly responsible for media exchange by determining the method of transport (default method is USPS w/$100 insurance). Customer will be wholly responsible for the final CD/DVD and/or restoration resulting from the quality of the source media submitted for conversion/restoration.
We may change our Fees and Claims Policy and the fees for our services from time to time. We may also choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on our News page. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective when that new service is made available to you. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes and penalties.

Only a Venue.
Subsection 4.01 Overview.

Our websites, at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, act as the venues for clients to request, submit, review and approve  web/internet projects and/or CD/DVD and/or restoration and/or video related materials and media.

Subsection 4.02 Safe Exchange.

Because authentication of individuals on the Internet is not a proven process, Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, cannot and does not confirm each client's purported identity.

Subsection 4.03 Release.
Because we take measures to prevent damage and loss to a client's original source media you agree to hold harmless Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Payments.

Full payment is to be presented by customer upon receipt of invoice for web/internet projects and/or CD/DVD and/or restoration and/or video related materials and media. Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, will act as a medium of exchange between clients and our CD/DVD production & Restoration & Videography studio by accepting and authorizing payments for services rendered. As the accepted medium of exchange between clients and our CD/DVD production & Restoration & Videography studio, we will provide a method of payment acceptance for buyers to include but not limited to certain types of money orders, bank checks, business checks and/or personal checks. Clients will be liable for any expense arising from the return or charge-back of any payments submitted for intellectual property purchases. The CD/DVD media we produce for clients cannot be erased or re-written therefore all sales are final with the exception of filing a claim within twenty four (24) hours following receipt of the resulting CD/DVD media. It will remain the discretion of Gabriel Espinosa as to the action to be taken in such case. In the event of non-payment of incurred and expected expenses we reserve the right to suspend service and/or sell any assets placed under our management in order to recoup any losses.

Fraud.

Without limiting any other remedies, Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, may suspend or terminate our services for any reason and at any time without notification or cause. Use of our Web Design and Hosting facilities, our CD/DVD production and/or restoration services and/or Videography is a privilege that we control at all times and may revoke at our discretion. You may be denied services if we find your information questionable or unverifiable or if we have identified your source media as being licensed by any third party.

Your Information.
Subsection 7.01 - Definition of Your Information.

"Your Information" is defined as any information you provide to us or other users in the registration, purchasing, audio/video, graphical, material, in any public message area (including the feedback area) or through any email/mail/telephone service. You are solely responsible for Your Information, and we act as a passive conduit for the conversion of and/or publication of Your Information. Your information with regard to our business relationship with you becomes available for us to use within the confines of our business relationship with you, including in the event of breach of contract, non-payment, defamation & libel. With respect to Your Information:

Subsection 7.02 - False Information.

Your Information (or any Media Property listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of proprietary or confidential information not owned by you or your company or organization for which you are authorized to disclose; (c) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement. Furthermore, you may not post any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the posting fee or the final transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation.

Copyright.

All content posted and/or stored at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, such as text, images, graphics, logos, icons, audio, video, patterns, plans, and software (collectively, "Content") is the property of Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com and is protected by copyrights or other proprietary rights. All Content is copyrighted by Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, as a collective work under the U.S. and International copyright laws, conventions, and treaties. You may not modify, publish, transmit, sell, display or in any way commercially exploit any of the Content, in whole or in part, without the prior written consent of Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com. If no specific restrictions are displayed, you may make copies of select portions of the Content if (1) the copies are made only for your personal, non-commercial use; (2) you do not modify the materials in any way; and (3) you do not delete or change any notices contained in the Content, such as copyright, trademark or other proprietary rights notices. Except for such personal copies, you may not copy, download, list or distribute Content protected by copyright or other proprietary rights without obtaining the prior written permission of the owner of the copyright or other proprietary right.

Trademarks.

"Gabriel Espinosa," and www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com logos and other related marks which may appear at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, are the registered trademarks, trade names, or service marks of Gabriel Espinosa (collectively, "Trademarks"). The Trademarks may not be used, copied, modified or distributed in any way. Nothing contained on http://www.furryllama.com & www.transfer-movies-to-dvd.com should be viewed as giving you any license, partnership or right to use any Trademark without the expressed written permission of Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com.

Use of Information.

Solely to enable Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, will only use Your Information in accordance with our Privacy Policy.

Breach.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate our services and refuse to provide our services to you, use your information as defined in section 7 in any lawful manner we deem necessary to protect our rights and enforce any agreement whether written or verbal between us and you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability and/or financial disadvantage for you, our users, our members or us.

Privacy.

We will not sell your information to any third party without your expressed consent other than partners we may include assisting us with the process of converting/restoring your source media to the desired format. We may divulge your email address indirectly when communicating to you via email. Use of your email address will be restricted to the purposes of our exchange including information exchange, solicitation and reminders, but making allowances deemed necessary as defined in section 11.No Warranty.
We and our suppliers and providers provide our website related services, and CD/DVD production & Restoration & Videography services "AS IS" and without any warranty or condition, express, implied or statutory. We and our suppliers and providers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Our CD/DVD production systems act as translator in the conversion of source media to CD/DVD. Source media that cannot be understood by our systems due to format, quality or other reason may result in a CD/DVD, in whole or in part, that cannot be deciphered (read) by particular CD/DVD playback systems or any CD/DVD playback system. The source content owner is wholly responsible for the quality of source media and resulting CD/DVD product. Our systems hold no particular bias for various format differences.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state. 

Liability Limit.

In no event shall we or our suppliers or providers be liable for lost profits or any incidental or consequential damages arising from or in connection with our web site, production services or this agreement. However, arising, including negligence.
Our liability, and the liability of our suppliers and providers, to you or any third party or parties in any circumstance is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Indemnity.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our production services and your dealings with the resulting media.

No Agency.

You and Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied or created by this Agreement.

Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail or to the email address provided during our communication via internet. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com by you. In such case, notice shall be deemed given 3 days after the date of postal mailing and immediately after internet posting.

Arbitration.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Monticello, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, may seek any interim or preliminary relief from a court of competent jurisdiction in Monticello, New York necessary to protect the rights or property of you or Gabriel Espinosa, DBA Furryllama Media Productions at www.furryllamamediaproductions.com & www.furryllama.com & www.transfer-movies-to-dvd.com, pending the completion of arbitration.

Additional Terms.

The following documents are incorporated by reference:
Subsection 24.1
We may change our Privacy Policy from time to time.

General.

This Agreement shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors beyond our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Disclosures.

The services hereunder are offered by Gabriel Espinosa, located at Monticello, NY 12701. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.


PRIVACY STATEMENT

The information you share with us, including your video tapes and media you send us, will never be sold to any third party without your permission Occasionally, we must outsource a portion of your project to one of our partner CD/DVD production or replication or restoration companies. We consider your information privileged and vigorously enforce our privacy policy within and beyond our company when handling customer information and video / audio assets. By agreeing to do business with us you indicate that you agree to abide by the above agreement.