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HOLIDAY NOTICE: DiskFaktory will be closed on September 6 for Labor Day.
Terms and Conditions
Please read the following Service Terms and Conditions before continuing.
Once you have read them, please click the “Accept” or “Decline” button at the bottom of this page to indicate your decision to accept or decline the Terms and Conditions.
Depending on your selection, you will either be forwarded to the next step in the ordering process or exited.
You may print and keep a copy of these Terms and Conditions for your records.
Printable Version Here
Terms and Conditions 1. Reservation of Rights DiskFaktory and its affiliates (“Company”) reserve the right to decline to process any order at any time for any reason at their sole discretion. Upon cancellation of any order by Company, all funds paid in advance, if any, will be returned in full unless cancelled due to any of the following exceptions, in which case a refund of total funds paid in advance less a twenty-five percent (25%) service charge will be refunded to the customer. The exceptions are as follows: a. Source content contains material that may be considered copyrighted and documentation has not been provided upon request to Providers as evidence of duplication or reproduction authority prior to commencement of the order. b. Source content contains material that, at Company's discretion may be deemed illegal or objectionable. c. Source content is of such a quality that renders it technologically incapable of being encoded or reproduced (e.g. audio with defects causing signal loss or dropout). 2. Compatibility and Disclaimers a. Although Company will take every precaution to ensure the maximum quality of the final product, the final output quality is not guaranteed or implied. In no instance can the final output of a disc be better than the original source materials. The better the source original, the better the final output on the disc; the lower quality the original, the lower quality will be in the final output on disc. b. Recordable media discs may not play on every player and universal compatibility cannot be guaranteed. The discs you receive from Company are 100% compliant with the specifications set forth by the different agencies charged with defining standards for CD-R and DVD-R recording technologies. WE only produce high-quality, state-of-the-art products. Over 95% of the disc players on the market today will play your recordable media disc. These players are generally produced by the major manufacturers and are 100% recordable disc compliant. Some manufacturers, in a rush to get products to market, build their machines to work on most discs, realizing that some features of playback compatibility may not work. Many of these machines have problems playing certain commercial discs as well as recordable media discs. Compatibility with all playback devices is not and cannot be guaranteed or implied and no refunds will be made due to playback compatibility problems. c. ISRC and CD Text are not supported in our automated duplication process and will not be transferred from your master disc to subsequent copies. If support for ISRC codes or CD Text is required to be copied from your mailed-in master, you must contact us prior to placing the order for special processing and ordering instructions. Additional charges may apply for the specialized handling of the duplication process. Uploaded files do not support ISRC or CD Text. 3. Release from Liability a. Company shall not be liable for indirect, special or consequential damages (or any loss of revenue, profits or data) arising in connection with this Agreement. b. Company shall not be held liable or obligated to any remedial actions monetarily or otherwise for errors in the discs produced which are attributable to defects or errors in the source materials provided by the customer or as a result of errors in the disc content layout details submitted by the customer. c. Company make no express or implied warranties or representations with respect to this Agreement or any services or products offered, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance. 4. Customer's Warranty and Indemnity. a. Warranty In accepting this Agreement by clicking the “Accept” button at the bottom of this page, you expressly warrant and represent that you have the legal right to have the source material reproduced or duplicated, whether by virtue of ownership of the rights therein or by a valid license from the rights holder(s) granting legal permission to have copyrighted source material reproduced and/or duplicated by Company. You further warrant and represent that the reproduction or duplication of the source material will not violate the rights of any third party. b. Indemnification You agree to defend, indemnify and hold Company and their officers, directors, agents, employees, and representatives harmless from and against any and all claims, including those for copyright or other intellectual property infringement, suits, damages, losses, liabilities, obligations, penalties and expenses, including attorney's fees, relating to or based upon the source material that you have has furnished to Company for replication. 5. Miscellaneous A. This Agreement shall be governed by, construed and enforced under the laws of the State of California. The parties hereby consent and submit to the jurisdiction of the state and federal courts of the State of California, County of Orange. B. If for any reason any provision of this Agreement is adjudged by a court to be unenforceable, such adjudication shall in no way affect any other provision of this Agreement or the validity or enforcement of the remainder of this Agreement, and such affected provision shall be modified and curtailed only to the extent necessary to bring it into compliance with applicable law. C. This Agreement represents the entire agreement and understanding between the parties, and supersedes all prior or contemporaneous agreements whether written or oral. D. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the parties hereto. Specifically, no oral or e-mail communication shall be considered a waiver, alteration, or modification of any of the provisions of this Agreement, regardless of its content. E. The captions used in this Agreement are for convenience only and are not intended to be inclusive or exclusive of all matters relating to the captions.
"I HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS."
