Introduction

Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the film photography services provided to you by Boutique Film Lab (collectively, the “Service”).

Operator

This Service is operated by Tolbert Marketing & Events, LLC (dba Boutique Film Lab), a company organized under the laws of the State of Tennessee. Boutique Film Lab is also referred to in these Terms as “we” and “us”.

Purpose of the Service

Boutique Film Lab offers film processing, scanning, and printing services that provide the ability to view, share, store, and print digital images through a range of electronic devices including personal computers and hand-held devices.

Backup Your Data

Boutique Film Lab requires that you maintain a backup copy of all images and content such that in the event of a catastrophic data loss, your images will also be available on your local computer or archived media. The download or upload of any material through the Service is done at your own discretion and risk, and you will be solely responsible for any loss or damage to your content or image, any damage to your computer system, or any loss of data that may result. You are solely responsible for creating backups of your digital content. We are not an image backup or long-term storage service provider. You should always keep backup copies of your photos stored safely on a device or service specifically designated and intended for backup purposes.

Scan Delivery & Link Expiration

Google Drive scan delivery links are valid for 30 days from the date of delivery. If your link has expired but your order was received within the last 6 months, we can reactivate the link for a $15 reactivation fee. If your order is older than 6 months, your negatives must be resubmitted for re-scanning.

Availability

Boutique Film Lab uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Boutique Film Lab. Every reasonable step will be taken to minimize such disruption where it is within our reasonable control. You agree that Boutique Film Lab shall not be liable to you for any modification, suspension, or discontinuance of the Service.

Privacy

Boutique Film Lab has a firm commitment to safeguarding your privacy. The terms of Boutique Film Lab’s Privacy Policy are incorporated into, and considered part of, these Terms.

Trademarks

All brand, product, and service names used in this Service that identify Boutique Film Lab and its products and services are proprietary marks of Boutique Film Lab and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right with respect to any such image, logo, or name.

Copyright

Boutique Film Lab is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any such content in any material form other than in accordance with the limited use license set out in our copyright notice.

Reporting Violations of Your Copyrights

If you believe the copyright in your work has been violated through this Service, please contact Boutique Film Lab at info@boutiquefilmlab.com. You must provide the following information:

1. Identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it;
2. Provide your address, telephone number, and email address;
3. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. Provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
5. Provide your physical or electronic signature.

Upon receiving your complaint, Boutique Film Lab may remove content that you believe infringes your copyright. In addition, Boutique Film Lab may terminate the account of the member who appears to be infringing your intellectual property rights.

External Links

From time to time Boutique Film Lab may provide links to third-party websites. These links are provided for your convenience only. If you decide to access linked websites, you do so at your own risk. Boutique Film Lab does not endorse or take responsibility for the content or availability of other websites, and you agree that Boutique Film Lab is not liable for any loss or damage that you may suffer by using them.

Amendment of the Terms

We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes by email sent to the address you have provided. If you continue to use the Service after being notified of changes, you will be deemed to have accepted those changes.

Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Tennessee.

General

These Terms constitute the entire agreement between Boutique Film Lab and you with respect to your use of the Service. Boutique Film Lab’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms are invalid, the remainder of the Terms shall remain enforceable. No third party shall have any right to enforce any term of these Terms.

Internet-Based Services

The uptime and accessibility of internet-based services, including film scan delivery, is not guaranteed. Boutique Film Lab will not accept liability for any failure of any internet-based service as a result of computer system failure, internet failure, software bugs, computer viruses, hardware breakdown, incompatibility with third-party software, or any other reason outside of our reasonable control.

You are responsible for maintaining the confidentiality of all passwords for access to internet-based services. Boutique Film Lab will not accept any liability for lost or stolen passwords, or for any unauthorized access to your digital data. Boutique Film Lab will not accept liability for managing any data you store through the Service, and it is your responsibility to manage your own data. If you use our internet-based services to edit, retouch, or manipulate digital data, Boutique Film Lab will not accept any liability for any resulting loss of digital data.

Registration

To purchase from or register as a member of the Service you must be 18 years of age or older.

You agree that the information you provide to us on registration and at all other times will be true, accurate, current, and complete. You also agree to keep this information accurate and up to date at all times. This is especially important with respect to your email address, as that is the primary way in which we will communicate with you about your account and your orders.

Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Boutique Film Lab immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to change your password if we believe it is no longer secure.

Formation of a Binding Contract

No contract will exist between you and Boutique Film Lab for the supply of any services or products unless and until Boutique Film Lab accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

Pricing and Delivery

All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be estimates only.

Copyright in Your Images

Boutique Film Lab does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to fulfill your orders, you grant to Boutique Film Lab a non-exclusive, royalty-free license to use, copy, and display those images.

Conduct

You are responsible for all images you upload, share, or copy using the Service. You must have the legal right to copy and display each image that you upload, share, or print. Professional images provided by photographers or made available through commercial publications are protected by copyright and should not be uploaded, shared, or copied using the Service.

You agree not to use the Service:

1. For any unlawful purposes;
2. To upload, post, or otherwise transmit any material that is obscene, offensive, pornographic, unlawful, threatening, abusive, harmful, defamatory, libelous, or otherwise objectionable;
3. To upload or transmit any material that you do not have the right to transmit, or which infringes any copyright, trademark, patent, or other intellectual property right;
4. To harm minors in any way, including content that violates child pornography laws or laws prohibiting the depiction of minors engaged in sexual conduct;
5. To forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service;
6. To upload or transmit any material that is likely to cause harm to Boutique Film Lab or anyone else’s computer systems, including viruses, worms, or other malicious code;
7. To make images hosted by Boutique Film Lab available for public viewing through a publicly posted link; or
8. For any commercial purpose without our express written consent.

You further agree that you shall not:

1. Interfere with or disrupt this Service or servers or networks connected to this Service; or
2. Provide any information to Boutique Film Lab that is false or misleading, or that attempts to hide your identity.

Monitoring of Content

Boutique Film Lab does not control the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

Suspension and Termination of Access and Membership

You agree that Boutique Film Lab may at any time, without notice:

1. Refuse to accept your application to become a member;
2. Move or suspend any part of the Service; or
3. Refuse to fulfill any order, or any part of any order, or terminate your account and delete any content stored in your account if, in Boutique Film Lab’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Boutique Film Lab to do so.

Negative Storage Policy

Boutique Film Lab reserves the right to dispose of all unclaimed negatives after a period of six months. We will make a best-effort attempt to notify all customers via email of any negatives that need to be picked up or shipped.

Non-Pickup Fee

Orders placed for in-store pickup must be collected within 60 days of the order completion notification. If an order remains uncollected after 90 days, a non-pickup fee of $5 will be assessed to future orders. Boutique Film Lab reserves the right to dispose of unclaimed orders, including prints and other finished goods, after 90 days from the completion notification, without further liability. Negatives retained as part of an unclaimed order remain subject to the Negative Storage Policy above. Customers will receive email or text notifications prior to the assessment of any non-pickup fee.

Blank Roll Policy

If a roll of film is properly developed but there are no detectable images to be scanned, Boutique Film Lab reserves the right to offer no refunds. On good faith, we may issue a partial store credit for the scanning costs. The charges for film processing still apply. We also reserve the right to dispose of blank negatives and not return them with the remainder of your order.

Force Majeure

Boutique Film Lab shall not be liable for any delay in performing or failure to perform its obligations to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control, including without limitation any inability to secure labor, materials, supplies, or transport; scarcity of fuel, power, or components; breakdown of machinery; fire, storm, flood, or acts of God; internet failure; war; civil disturbance; strikes, lockouts, or industrial action (each a “Force Majeure Event”).

If any Force Majeure Event occurs, the date(s) for performance of Boutique Film Lab’s affected obligations shall be postponed for as long as is made necessary by the event. If any Force Majeure Event continues for a period of 60 days or more, the customer may cancel the affected order (or the affected part of it) by written notice to Boutique Film Lab.

Disclaimer of Warranty and Limitation of Liability

Boutique Film Lab agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

THE SERVICE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY BOUTIQUE FILM LAB “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY FILM OR DIGITAL CONTENT TO BOUTIQUE FILM LAB, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE, ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR ANY LOSS OF DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR DIGITAL CONTENT.

IN THE EVENT OF ANY LOSS OF, OR DAMAGE TO, YOUR FILM, BOUTIQUE FILM LAB SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY BOUTIQUE FILM LAB, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, BOUTIQUE FILM LAB WILL BE LIABLE ONLY FOR THE COST OF THE ORDER.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, BOUTIQUE FILM LAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, EVEN IF BOUTIQUE FILM LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limit of Liability — Digital Media

Submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide, or negative for any purpose — such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling — constitutes an AGREEMENT that any loss or damage to it by our company, subsidiaries, or agents, even though by our negligence or other fault, will only entitle you to replacement with an equivalent quantity and size of unexposed photographic film or electronic media. Except for such replacement, our acceptance of the submitted material is without other liability, and recovery for any incidental or consequential damages is excluded. No expressed or implied warranty is provided.

Limit of Liability Agreement

I (Customer) acknowledge and agree that my submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide, or negative to you for any purpose — such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling — constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiaries, or agents, even though by your negligence or other fault, will only entitle me to replacement with an equivalent quantity and size of unexposed photographic film or electronic media, and processing of the replacement media. Except for such replacement, your acceptance of the submitted material is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.

Comments & Contact

If you have any comments or questions about the Service, please contact us via our contact form at https://www.boutiquefilmlab.com/contact