Terms of Service

 

Thank you for choosing Xylanté for the sharing and preserving of your precious memories and experiences. These Terms of Service govern your use of Xylanté’s service. By placing an order with us, you are stating your agreement to these Terms of Service, and thereby creating a binding legal agreement. You should therefore carefully read this document.

 

DVD Compatibility

 

Xylanté uses the DVD-R 8x format which is compatible with most existing home DVD players, but not all. It is the customer's responsibility to assure that his or her DVD player will play said media. Please be sure to check your DVD player manual/manufacturer to determine if it supports DVD-R 8x. For more information on DVD compatibility, we recommend that the customer visit: http://www.videohelp.com/dvdplayers. If needed, we can assist you in determining if your DVD player supports it -- just ask us. Sorry, refunds will not be issued for incompatibility reasons. Xylanté will not be held liable for assuring that the media will play on the customer's player nor will be held to damages as a result.

 

DVD Corrections

 

Xylanté makes every effort to maintain the highest levels of quality in our work. We treat every order as if it was for our closest friends and family, and we want you to be happy with our work. On the rare chance that you discover a problem with your DVD (e.g., spelling error, photo out of order, etc.) we will work with you to correct the issue. If you discover something like this, you should get in touch with us immediately (within 10 business days) to get it resolved. We want you to be satisfied!

Note that if the error is a mistake that you made - such as misspelled words in your submission or your photos were submitted out of sequence - we will correct the problem at the cost of the product. Please do not return an order without contacting us first and receiving a return authorization.

 

100% Satisfaction Guarantee

 

We want you to be extremely satisfied with your purchase. Therefore, if you are not satisfied with your product, we will be willing to work with you until you are completely satisfied with your purchase. If we still cannot make you 100% satisfied, we will refund your purchase. This gives you a complete money-back guarantee.

 

Shipping and Handling

 

The estimated time for a DVD Photo Album production completion is 4 business days after your order is placed. The estimated time of arrival of your product is based on the shipping method selected. The included shipping method (First Class USPS) requires 3-4 days shipping time to US destinations and 14 days shipping time to Canada. We also ensure that all orders are tracked and its process stage is available to be viewed.

 

Copyright Liability, Trademarks & Restrictions

 

Placing an order with Xylanté includes a disclaimer that you are authorized to use all images, photographs to be used in the creation of your products by Xylanté. Xylanté is not responsible for verifying this information, and will not be held accountable. By placing an order with us, you are also agreeing to indemnify Xylanté against any liability that might arise as the result of a claim by any third party that inclusion of the materials (images &/or video) you supply to us or ask us to purchase on your behalf for use in your order violates any copyright or other right of any third party. Xylanté expressly disclaims any responsibility or liability to any third party arising out of the content of the materials (images &/or video) you supply us or ask us to purchase on your behalf for inclusion in your photomontage, and you agree to be solely responsible as to any such claim.  Xylanté assumes no responsibility or liability with respect to any copyright infringements and the customer hereby agrees to assume all responsibility for any and all costs and expenses incurred by Xylanté as a result of any legal action or litigation taken against Xylanté as a result of an alleged copyright infringement. By requesting the services of Xylanté and in the submission of images &/or video to us you are stating that you own the copyright or have expressed permission to use such copyrighted material. Furthermore, by purchasing services through Xylanté you agree to never make copies of the slideshows created for you without express written permission from Xylanté and never to sell, rent,  or profit from the slideshows created without express written permission from Xylanté. They are created solely for your purpose and are protected by the copyright laws of the United States of America. You understand and acknowledge that is a criminal offense to copy products created by Xylanté, and therefore punishable by law.

 

All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips (the "Materials") are protected by copyrights which are owned or licensed by Xylanté. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from http://www.xylante.com (the “Site”) or any other web site owned or operated by the Xylanté without the prior written permission of Xylanté. Use of these Materials on any other web site or other networked computer environment, whether by way of copying the Materials or by linking to them, is prohibited without prior written permission from Xylanté.

 

No Liability

You also agree that under no circumstances will Xylanté or its affiliates be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Site. You acknowledge that Provider does not pre-screen or approve content, but that Xylanté shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason.

 

Privacy Policy

 

Your contact information will be used exclusively by Xylanté, for Xylanté marketing and communications. Xylanté will never sell, rent, lease, or otherwise disclose your contact information to any third-party organizations with one exception. For the protection of our customers, we will disclose any material that violates federal law to the proper authorities with all known information of the sender. We do, however, reserve the right to refuse any work for any reason at any time. Xylanté will not accept pornographic material in any form. If sent to us all such material will not be returned but will be destroyed immediately at our discretion and we will not be held liable for any such loss.

Our site(s) may contain links to other web sites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors or other sites to which we provide links from our sites. You should check the applicable privacy policy of the web site sponsor when linking to other web sites.

 

I. Information Which We Collect

 

We may request that you voluntarily supply us with personal information, including your e-mail address, postal address, home or work telephone number, credit card number (only if you choose to purchase a product online), for purposes such as correspondence, making a purchase, or participating in online contests and surveys. If you choose to give us personal information via the Internet that we or our business partners may need -- to correspond with you, process an order or provide you with a subscription, for example -- it is our intent to let you know how we will use such information.

 

Like many other commercial sites, our site(s) may utilize a standard technology called a "cookie" to collect information about how our site is used. Cookies were designed to help a web site recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your e-mail address. Our web site(s) may use cookies to enhance your visit. Cookies can securely store a user's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart." Our cookies may collect your domain name and track your selections through our web pages. We only use "cookies" to gather the information indicated in this policy and do not use cookies to gather personal identifying information about you without your consent.

We may require you to supply us with personal information

 

 II. Use of User Information

 

We may perform statistical analyses of aggregate user behavior. This allows us to measure relative consumer interest in the various areas of our web sites for product development purposes. Any information we collect is used for its own internal purposes to improve the content of the web sites, to enhance users' experiences when visiting our site(s), to customize the content and/or layout of our pages, and to provide the services required by an individual user. We do not use personal identifying information for any reason that is not disclosed either in this Policy or at the time the information is requested. We never send e-mail to you unless you request a particular service, or consent to being contacted by e-mail. There are instances where you will have the opportunity to subscribe to an e-mail list that will send information about the site or our advertisers to your e-mail address, but this will be done only with your permission and consent

 

III. Disclosure to Third Parties

 

We do not share personal identifying information with any third party without your permission. We disclose only in aggregate form our statistical analyses or demographics of users to third parties, such as advertisers or other business partners.

 

IV. Accuracy of User Information

 

In order to ensure the accuracy of personal information provided for registration, you may return to the profile form online in order to change information you have provided at any time. Questions regarding our privacy policy, the accuracy of your personal information or the use of the information collected should be directed via e-mail by submitting a form on our site, http://www.xylante/getintouch.asp. We reserve the right to change this policy at any time, and will post any changes to this policy as soon as they go into effect.

 

V. Security of Information

 

We use our best efforts to ensure the security of personal information submitted by users. When collecting credit card information for online purchases, we offer secured-server transactions that encrypt your information in transit to impede someone from intercepting it and misusing it. When we collect other information from our users, it is stored in an area where the general public does not have access to it.

 

VI. Opting-out

 

At any time while assessing our site(s), any user while online may "opt-out" of further solicitation e-mail contact from us (while still allowing access to our site(s)). For further information about opting-out, contact us at the e-mail address, postal address or telephone number stated above.

 

Termination

 

Xylanté may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement shall survive any such termination.

 

Jurisdiction

 

This site is controlled and operated by Xylanté from Xylanté’s headquarters in Tampa, Florida. Xylanté does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Florida. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

 

This contains the entire agreement between you and Xylanté concerning your use of the site. Thank you.