Terms & Conditions

In the Nick O’ Time (“ITNOT”) receives from Buyer various personal items, including but not necessarily limited to personal (home-made) movies, photos, tapes, and slides (“Materials”).  ITNOT takes the Materials, organizes and digitizes them (“Digitized Material”) and saves the Digitized Material onto USB flash drives, or DVDs. All of the foregoing services provided by ITNOT are understood variously and collectively as the “Services.” By placing an order to purchase our Services (an “Order”), you (“Customer,” “you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”). BY ACCESSING AND USING ITNOT YOU (“CUSTOMER”) HEREBY EXPRESSLY ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SUCH.

Customer Warranties / Indemnification

Customer confirms and warrants its right and authority, free of charge or restriction, to transfer, covert, copy, alter or reproduce all material provided by Customer to ITNOT for conversion and that no material so provided is Copyrighted or otherwise protected by any intellectual property right of any third party without the express written permission obtained by Customer of said third party. Customer warrants that no such material provided to ITNOT violates any applicable law or regulation or creates any private or public cause of action of any nature or kind. Customer warrants that no such material provided to ITNOT is abusive, hateful, obscene, explicit, threatening, offensive, libelous or otherwise unacceptable. Customer warrants that it has the absolute authority to submit any material to ITNOT for conversion and to request any services provided by ITNOT. Customer, at its own expense, agrees to defend, indemnify, and hold harmless ITNOT from and against any and all damages, costs, expenses and attorney fees with respect to any and all claims or actions brought against ITNOT arising out of or in connection with the material/items/media supplied by Customer to ITNOT for conversion including, but not limited to, the ownership or authority of such material/items/media and arising from or related to any breach of these terms and conditions. Customer acknowledges that by using and/or accessing this site including, but not limited to, purchasing services from ITNOT that ITNOT is relying on the truthfulness and accuracy of these warranties and that ITNOT is unable conduct any independent investigation regarding such truthfulness or accuracy. Customer understands that ITNOT has the obligation to respond to any claim for copyright or other intellectual property infringement. Any such infringement claims under the Digital Millennium Copyright Act shall be submitted, in writing, to ITNOT as provided for in the Notices section including the specific alleged infringement and infringer, the legal owner of any protected work and a statement regarding why the alleged infringement use does not quality under the “fair use” doctrine. Customer understands that while ITNOT cannot fully inspect all the information within the Materials submitted to it.  However, there are instances in which ITNOT may discover that the transmission of information to ITNOT, the content of such information, and/or your specific request for services with regard to such information within the Materials violates state and/or federal law.  In the event of such discovery, ITNOT will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities.

Returns

ITNOT strives for 100% customer satisfaction with every order. Any Customer that is unhappy with an order, for any reason, should contact ITNOT through a method listed on this website and ITNOT will make every effort to correct the Customer’s order if possible. All refunds are handled on a case by case basis and ITNOT has the right to deny any Refund Request.

Right of Refusal / Termination

Customer acknowledges that ITNOT has the right, in its sole discretion, to accept or reject any Order.  ITNOT may, in its sole discretion without any liability to Customer, cancel any individual Order or transaction request if:  (1)Customer violates its obligations under the Service Order Terms; (2) Customer fails to perform its payment obligations; (3) Customer falsely accuses ITNOT of misplacement, destruction, loss, or damage; or (4) for any other reason for which ITNOT determines, in its sole discretion, that it will not fulfill the Order.

No Warranty / Limitation of Liability

Customer acknowledges and agrees that all services, products and information provided by ITNOT are provided without warranty of any kind, express or implied, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose and in no event shall ITNOT be liable to Customer for any indirect, special, incidental, punitive or consequential damages of any nature or kind as a result of the services, materials, information provided by ITNOT to Customer. This limitation of liability shall be effective regardless if any such liability is based on breach of contract, strict liability, tort or other legal theory.

Customer understands that all services, material and information provided by ITNOT is provided on as “as-is” “as available” basis without any warranties of any kind. We disclaim all warranties whether arising out of law, statute, course of dealing, trade usage, or any other relationship. We make no warranties of any kind regarding the services, the materials, the Digitized Material, and/or any other services or products that we provide. We make no warranties with regard to the accuracy, reliability, completeness, quality, functionality, timeliness, speed, or accessibility of any services, materials, Digitized Material, or other products and services that we provide. We do not warrant that the services, materials, converted materials, or other products and services will be complete, without defect, accurate, intact, undamaged, error-free, or virus-free. We do not warrant that any converted mediums will play in/on all computers, televisions, DVD players, blu-ray players or other such viewing devices.  To the extent any jurisdiction does not permit us to disclaim warranties in these ways, we disclaim warranties to the fullest extent permitted under applicable law. ITNOT provides no warranty that any of its services will fit the particular purpose of any customer or another intended user.

Risk of Loss

ITNOT’s mission is to preserve your cherished memories. Customer acknowledges and understands that the art of media conversion is not without risk/potential error and as a result Customer agrees to hold ITNOT harmless and in no way liable for any loss, damage or injury, of any kind or nature, whether incidental, mechanical, neglectful, careless or otherwise to any materials/items/media so supplied by Customer to ITNOT and that ITNOT assumes no risk or loss. Customer further agrees that ITNOT shall not be liable for any lost, stolen, or as herein stated, damaged material/items/media. Customer acknowledges and understands that any lost, stolen or damaged materials/items/media shall only be replaced by ITNOT with an equivalent type blank material/item/media or the cost of such blank media, as determined in the sole discretion of ITNOT.

Customer further acknowledges that ITNOT shall not be held liable for any lost or stolen materials/items/media nor for any loss or damage arising out of the Customer’s own use.

Payment Obligations

At the completion of an Order, all Digitized Material will be invoiced to the Buyer. Once payment is received in full, the Buyer’s Digitized Material will be returned.

Bulk Orders

Bulk orders, determined at the sole discretion of ITNOT, will require a 50% non-refundable down payment. The remaining 50% will be due upon completion of the Order. Once payment is received in full, the Buyer’s Digitized Material will be returned.

Additional Fees

Not all Digitized Material is the same. Short videos produce small size files, while longer videos produce large files. Larger video files may result in the use of more discs or USB flash drives for storage. Customer agrees to any additional fees for added storage beyond the initial scope of an Order.

Cancellation

Should the Buyer wish to cancel an Order once the conversion process has begun, they will be invoiced for the quantity of Digitized Material already converted. Once payment is received in full, the Buyer’s Digitized Material will be returned.

Failure to Pay

Failure to pay an invoice within 30 days will terminate the Order and only the original Materials will be returned to the Buyer. The Digitized Material will be deleted. ITNOT, in its sole discretion, reserves the right to refuse Services to anyone who fails to remit payment for a completed Order.

Returning Materials to Buyer

Upon completion or cancellation of an Order, ITNOT will contact the Buyer to arrange the return of their Digitized Material.

When applicable, Digitized Material must be returned to the Buyer no later than thirty (30) days after completion of an Order. If a Buyer is unable to receive their Digitized Material within that time, they must make special arrangements with ITNOT.

After sixty (60) days of Order completion, if a Buyer is unable to arrange the return of their Digitized Material, or repeated attempts to contact a Buyer have failed, the original Materials will be considered abandoned and will become the sole property of ITNOT.

Back-Up

ITNOT will back up a Buyer’s Digitized Material for a minimum of 30 days from completion of an Order. It is the Buyer’s responsibility to review their Digitized Material upon return for functionality. Should a disc or file not work, the Buyer may request a copy of the backup file at no additional charge. We may change, suspend, or discontinue backups, or any part of them, at any time without notice.

Force Majeure

Customer agrees that ITNOT shall not be not be liable for any loss, damage, delay, or non-performance of its obligations/services under these terms and conditions due to causes beyond its reasonable control and to the extent it acts diligently to remedy the cause of the delay or failure, if possible.

Attorney Fees and Costs

In any action brought under these terms and conditions, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other ligation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgement arising from such action or proceeding.

Non-Exclusivity

Customer hereby expressly agrees to all terms and conditions stated herein and to be bound by such in the same manner as if the terms and conditions were agreed to in writing with a written signature. Customer hereby establishes a contract with ITNOT with the same legal force and effect as one so agreed to in writing with written signatures. Customer agrees not to contest or otherwise challenge, in any manner, the validity or enforceability of these terms and conditions as a valid contract on the grounds that these terms and conditions are entered into electronically. Failure to fully agree to any term or condition herein voids any relationship between the Customer and ITNOT and revokes Customers right to access this site and any of its contents. Customer agrees that it may not assign or transfer its right or delegate its obligations agreeing to these terms and conditions without the prior written consent of ITNOT, which will not be unreasonably withheld. Customer acknowledges that ITNOT may assign, transfer, sell or delegate its rights and obligations under these terms and conditions to other third parties from time to time. No waiver of any breach of any provision of these terms and conditions will constitute a waiver of any prior, concurrent or subsequent breach of these terms and conditions. If any provision of these terms and conditions is or become illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided however, that if ITNOT determines that any such unenforceable provision is essential, it may terminate any relationship with Customer and have no further obligations. These terms and conditions are governed by the laws of the State of Missouri. The parties agree that the courts located in Franklin County, Missouri will have exclusive jurisdiction to determine the validity, construction and performance of these terms and conditions and the legal relations between Customer and ITNOT. Section headings are included for convenience and are not to be used to interpret these terms and conditions.

Customer understands and acknowledges that ITNOT reserves the right to revise, modify or amend these terms and conditions from time to time and that only those terms and conditions found here constitute the understanding of the Customer and ITNOT. Any such revisions, modifications or amendments shall be updated to the site and ITNOT encourages Customers to review these terms and conditions regularly to be updated as to any such revisions, modifications or amendments. Customer hereby expressly agrees to any and all revisions, modifications and amendments made to these terms and conditions from time to time.

Updated 2/16/2023