Updates and Modifications.
Southtree offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use Southtree’s services only under the supervision of a parent or guardian.
Refusal of service.
Southtree, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.
Requests for public use.
Occasionally, materials are submitted to Southtree that would make great promotional materials, like a great photograph or clip from a wedding. Before we use any materials you submit to us publically, we will request the right to use them from you. You have the right to decline our use of those materials.
Southtree accepts returns within 30 days of completion of an order. An order is completed (and the 30 days starts) from the date Southtree hands a product to the shipping carrier for shipment to you. Though we are not obligated to do so, we sometimes take returns past the 30 day window at our sole discretion. If you believe you are entitled to a return even though the 30 days has run, please contact us to voice your concerns.
Occasionally, items may arrive at our offices in an unplayable or defective condition. If that happens, we will provide a review of the material, a re-transfer of the material, or pay the shipping to return the materials to you (as conditions allow). We do not charge any additional fees for review, return shipment, or re-transfers.
If the material is not transferrable due to age, fragility, format, damage, or any other condition we are not responsible for, a refund of the transfer price will be provided to you, and, if possible, your original materials will be returned. In that case, though, Southtree does not cover the cost of shipping a return order back to our facilities.
Southtree uses flat-rate ($9.95) shipping to the continental United States. The shipping carrier to be used for any order is at Southtree’s sole discretion. Shipments to Alaska or Hawaii may incur additional fees, or the order may be shipped at Southtree’s discretion.
Risk of loss.
Southtree provides the service of transferring and converting various media into different forms. Southtree does not provide any services related to shipment of that media to or from its offices. For this reason, any services purchased from Southtree are made pursuant to a shipment contract. This means that the risk of loss for your media passes to Southtree only when it arrives at our offices, and the risk of loss passes back to you when we deliver your media to the shipping carrier (FedEx, USPS, etc.). BY SHIPPING ANY MEDIA TO SOUTHTREE, YOU ACKNOWLEDGE THAT SOUTHTREE IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.
Limitation of liability.
By submitting media to Southtree, you understand and agree that Southtree’s liability is limited in each of the following ways:
– The Site and all information, content, materials, and services included on or made available through the Site are provided by Southtree on an “as is” and “as available” basis, unless otherwise specified in writing.
– Southtree makes no representations or warranties of any kind, express or implied, about the operation of the Site or the information, content, materials, or services included on it or made available to you through it, unless otherwise specified in writing. – Southtree disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
– Though we strive for perfection, Southtree does not represent or warrant that the services provided will be error-free or that all defects will be corrected.
– Southtree makes no representations or warranties of any kind regarding its order tracking system. Southtree provides order tracking information to its customers for convenience but does not guarantee the accuracy of any order tracking information. You acknowledge that you are not relying on the accuracy of any order tracking information.
By submitting media to Southtree for conversion, duplication, or any other service, you agree that if any such media is lost or damaged by us, it will be replaced only with an equivalent type of blank media or the cost of such blank media. For example, if you submit a video tape to Southtree for conversion, and it is damaged during the conversion process, you will be entitled only to a replacement blank video tape or the cost of replacing the physical tape, irrespective of what was on the original. The handling of your media by us is otherwise without warranty or liability.
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Southtree relies; or any other unforeseen and external occurrence for which Southtree is not responsible and could not predict which is required for the performance of its obligations, then Southtree will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Southtree’s copyrighted materials.
All content included on this web site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either in the public domain or is the property of Southtree and is protected by U.S. and international copyright laws. Items that are taken from the public domain are designated as such. All other items are the property of Southtree and may not be used without written permission.
The compilation of all content on the Site is the exclusive property of Southtree and is protected by both U.S. and international copyright laws. All software used on the Site is the property of Southtree or its software suppliers and is protected by both U.S. and international copyright laws.
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
By submitting an order, you represent and warrant the following to Southtree: (a) no materials submitted to Southtree are submitted in violation of any copyright laws; (b) any materials submitted were either created by you, you have the right to permit Southtree to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted materials; and (c) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party; and (d) (i) you shall not violate, or encourage the violation of, the legal rights of others; (ii) intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (iii) interfere with the use of the Site; (iv) alter, disable, interfere with or circumvent any aspect of the services provided through the Site; (v) grant multiple individuals access to an individual account other than via the delegation features provided within the Site; or (vi) create accounts assigned to business functions rather than to human beings for the purpose of sharing files within or outside of the Site.By submitting an order, you understand that Southtree is relying on these representations.
Digital Millenium Copyright Act.
Southtree takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.
If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Southtree’s service to Southtree, Attn: Adam Boeselager, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. When providing notice to Southtree, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
Choice of law.
This contract is to be governed at all times by the laws of the State of Tennessee applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Tennessee.
Arbitration & choice of forum.
Any dispute or claim relating in any way to your use of Southtree’s services, or your visit to the Site, will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case attorney’s fees may be pursued.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Southtree, Attn: Adam Boeselager, 1110 Market Street, Suite 318, Chattanooga, Tennessee, 37402. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You agree that, if possible under all relevant rules, the arbitration will occur in the State of Tennessee, in Chattanooga, TN, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Tennessee, then you agree that the arbitration may occur by telephone (which is usually cheaper and easier for both parties) or may be based on written submissions.
Disputes as individuals.
You and Southtree both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.
If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.