terms & conditions

Dear Users, Members, and Customers:

This document is our current Terms of Use for our website and social media sites. Please read our Terms of Use before using or accessing Greyscale Darkroom and Photo Lab’s facilities and/or website.  NOTE: This is a legally binding Agreement between our Company and visitors, users, Members and customers.  If you do not like or agree with these terms or are under the age of eighteen (18), we ask that you do not register for an account or continue to use the website. We reserve the right to amend or change our Terms of Use at any time. By your continued use of our website and platform, and/or signing an order form, you are agreeing to these terms.

Thank You. 

Greyscale Darkroom & Photo Lab
Effective Date: May 1, 2021

I. DEFINITIONS

We are providing the following definitions which are used in this Agreement, to make it easier for you to read and understand. They are:

  • Agreement: Our Terms of Use/Service agreement.

  • Content: All files, data, information that a customer uploads, downloads, or transmits to and from our website.

  • Customer: A paid or free user of our website and services also "You", "Your", or "User".

  • Member: A paid and current subscription customer of : [Name of Company].

  • Privacy Policy: Our Policy and disclosure on what information we collect from customers & visitors and how that information is used.

  • Intellectual Property: Our software; platform; programming & code; website; logos; slogans; trademark; service marks; & copyrights.

  • Greyscale Darkroom & Photo Lab: Our company, owners, employees, and agents also "We", "Us", or "Our".

  • Submissions: Files, data, information, code, and other content uploaded, downloaded, or transmitted to and from our website. This includes and is not limited to: photographs; pictures; illustrations; videos; mp3; text; digital recordings; files; or other data.

  • Third-party website: Website links or hyperlinks, located in or on our Company website that may redirect you to other websites.

  • Visitor: Anyone who visits our Company website or our facilities.

II. WEBSITE USAGE

We are providing our customers with a user-friendly, affordable platform and facilities for dark room rental; film processing; and photographic services. Users, customers, and paid Members can visit and access our website for any legal or lawful purpose. In order to protect our intellectual property and our Customers, Users & Visitors are prohibited from:

  • Downloading, copying, or transmitting any of our website content without our permission;

  • Using data mining or extraction software, or bots

  • Manipulating or using framing or other navigational technology;

  • Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any person; user; company; or anyone else for our products or services unless you have permission;

  • Using our website or its content for any other purpose other than which it was intended;

  • Harassing; stalking; bullying; or threatening behavior towards our Company, it's owners, employees, agents, customers or users;

  • Engaging in any behavior that might violate our rights, such as our intellectual property rights; impinging upon copyrights; third-party intellectual property rights; or that of our customers;

  • Impeding or interfering with our website; its' security; or our server.

III. REGISTRATION 

(1) Personal Warranty. Anyone surfing the world wide web can visit and browse our website and place orders for photographic services. However, some services are only available to paid Members.  When registering for an account, you promise that:

  • You are over the age of eighteen (18);

  • You are providing us with accurate & truthful login information;

  • You will keep all login information confidential;

  • You will not register a customer for an account without their permission;

  • You will not access a customer's account without permission;

  • You will notify us immediately if you think your account has been breached.

(2) Security. Customers understand and agree that they are fully responsible for activity on their account and must keep their login information confidential. You must notify us within seventy-two (72) hours if you believe your account has been hacked or breached, by emailing: _contact@greyscaledarkroom.com_____________.

(3) Children. Our Company does not knowingly collect any information from children under the age of 18 or specifically under the age of 13.  Minors and children are prohibited from using or accessing our website unless it is will the parent or legal guardian's written parental consent.

(4) Privacy Policy. Our Privacy Policy is separate from this Agreement and can be found at: [Insert Hyperlink to Privacy Policy]. This Policy which is compliant with New York state laws and shares information on how we collect your personal data; how that data is used; who has access to this data; your personal data rights; how your data is stored; and for how long it is retained. Users should review and read our Privacy Policy prior to submitting personal data or registering for an account. 

IV. MEMBERSHIP

(A) Subscription.

As a paid member of [Company Name] you understand and agree that this is a subscription service offered by our Company and you authorize us to charge your credit card and/or debt card on a month-to-month bases for any and all membership dues and fees. If at any time your change payment methods or need to update your payment method, please contact: _contact@greyscaledarkroom.com___, in order prevent any delay of Membership which allows paid Members to access and use our services and facilities. 

(B) Usage.

(1) Limited License. As a paid Member you understand that you are granted a limited license as an authorized user of our facilities and services. All Members understand and agree that even if they fail to use our facilities they are still financially liable for their monthly Membership subscription.  A Member's non-use of our facilities shall not serve as a basis for a refund at any time.

(2) Guests. Members may not bring a Guest into our darkrooms at any time.  Visitors and Guests are prohibited from entering or accessing our darkroom facilities. 

(3) Children. Children are not allowed access to our darkroom facilities at any time. 

(4) Liability. Members and Customers understand and agree to be personally and financially liable for any and all damages; loss; costs; and fees; incurred as a result of negligence; disregard; or carelessness; of any child or Guest accompanying the Paid Member using our facilities and services at any time. 

(C) Suspension.

If at any time Membership Dues on your account fail to renew on your monthly anniversary date, you acknowledge that your Membership will automatically be suspended. At the time of suspension, our Company will send the Member an email notifying them of the non-payment and subsequent suspension. You understand and agree that you will have fifteen (15) days to renew your Membership from the time of suspension. Failure to bring your account current within that time will result in permanent suspension of your Membership and you will no longer have access to our facilities or services. 

(D) Billing Errors.

Customers and Members shall have thirty (30) days to notify our Company of any billing or subscription error or shall waive their right to file a claim.  We must receive written notice of such billing or subscription error sent to: __contact@greyscaledarkroom.com__________ within thirty (30) days of the billing error. In your letter you will need to provide: account name and number; date and amount of error; as well as a full description of the error. Upon receipt, we will conduct an investigation of the error and send you a written copy of the results. If we discover that we have made an error, we will reverse the charges and correct the billing error as needed. If it is discovered after conducting an investigation that the charges are correct, the charges to your account will remain.

(E) Refunds.

As a member, you understand and agree that prepaid Membership dues are non-refundable. However, you may cancel at any time upon thirty-day (30) written notice to: __contact@greyscaledarkroom.com____________. At the time of cancellation, your current month's Membership will be pro-rated and any remaining balance credited back to your credit/debit card on file. You acknowledge that you are financially and personally liable for any outstanding fees, charges, or balances on your account at the time of cancellation and shall immediately remit payment for the outstanding balance. 

(F) Non-Transferable.

You understand and agree that both your Membership and License to use our facilities and services are non-assignable and non-transferable at any time.  If you are a corporate or business client, you may contact our Business Office to purchase a Commercial Membership and License or Multiple Memberships for employees or agents who are to have access to our services and facilities. 


V. SUBSCRIPTIONS AND PAYMENT

(1) Subscriptions. Subscriptions and Memberships are calculated as follows:

On a Month-to-Month basis in the amount of $ ___100________ U.S. Dollars and will be renewable on your Membership anniversary date each and every month.  We accept PayPal and all major credit cards. For this reason, it is important that all of your account and payment information is correct and up-to-date so there are no delays for renting a darkroom or ordering any photographic services.

(2) Services. We offer darkroom rental as well as film processing and print scanning services. Through our film development service, we process C41 color negatives as well as black and white film. Costs and fees for services can be found at the following page on our website: greyscaledarkroom.com/services

(3) Renewals & Cancellations. If you do not pay and renew your Membership within (30) thirty days of your anniversary date, your account will be cancelled, and you will no longer have access to your information. If a Member or Customer fails to pick up their processed film within thirty (30) calendar days of being notified of order completion, negatives will be destroyed. All Customers will receive an email notification for confirmation of orders as well as a deadline for claiming their photographic order. All orders must be paid in full at the time of drop off.

(4) Returned Check and Late Fees. 

You understand and agree that if any payment is declined for your Membership, or a check is returned as insufficient (i.e. "NSF"), you agree to be personally and financially responsible for any and all returned item fees or insufficient fund fees in addition to a $50.00 NSF charge. 

Insufficient funds fees and NSF fees are immediately due and payable. 

Failure to remit payment for Memberships; processing; returned check or item fees; as well as NSF fees; will result in immediate termination of your Membership. As a result, you will no longer have access to any services or facilities available through our Company. 


VI. FACILITIES AND SERVICES

(A) Service Cancellation. We reserve the right to change, amend, or otherwise cancel any service at any time with or without notice to you. Paid Members are granted a limited, restricted license to access and use our facilities and services. 

(B) Hours of Operation. Paid Members and Customers understand and agree that our facilities are only open during the posted business hours on our website and/or at our facility. We reserve the right to change or alter these business hours at any time. Notice of any change will be posted on our website as well as our business location.

(C) Closures. We may from time-to-time close our facilities for holidays; maintenance; or repairs. Closures shall have no affect to our Terms of Service, policies, or Agreement. Force Majeure events are subject to provisions found within this Agreement. Paid Members shall not be entitled to refunds as a result of a Force Majeure event; however, our Company will consider issuing Membership Credits on a case-by-case basis. Long-term Force Majeure Events which may make our facilities and services unavailable or inaccessible shall result in Membership Credits and an extension of your Membership Term. 

VII. DARKROOM RENTAL

Our Darkroom Space is available for rent by current, paid Members.  All Members or Customers who desire to use our facility's darkroom must first attend a private lesson on dark room operations prior to booking a darkroom session. 

(A) Rates.

All facility rental rates are provided on our Darkroom Rental Rate Sheet and are subject to change with or without notice. To hold your reservation, the Member/Customer must pay all rental fees plus any deposits in full at the time of booking. 

(B) Deposit and Payment.

The Member or Client understands and agrees that all darkroom booking deposits are non-refundable. In the event you must cancel due to unforeseen circumstances or a Force Majeure event, our staff will cancel and reschedule a session at a more convenient time.

Payment for reservations can be made via: cash; check; debit or credit card and made payable to: Greyscale Darkroom and Photo Lab, LLC


(C) Cancellations.

In order to cancel a darkroom session, you must call or write to us and cancel in no less than seventy-two (72) hours prior to your reservation in order to receive a refund.  In the event you fail to cancel within (72) hours of your scheduled session, you agree to be personally and financially liable for the session as if you had use the facilities. 

(D) Refunds.

Refunds are only issued in the event you cancel the darkroom session according to our cancellation policy. Failure to cancel within (72) hours of your scheduled session will waive your right to a full refund. Refunds due to Force Majeure events will be considered on a case-by-case basis. 

(E) Use.

(1) Scheduling. Time is of the essence when renting all darkroom facilities. Scheduled darkroom sessions are pre-arranged at the time of booking and you must complete your session in the time allowed. This includes and is not limited to cleanup as well as equipment set up and breakdown. Failure to end the session within the allotted time will incur additional fees and costs including but not limited to overage fees.

(2) Equipment and Cleaning. If you fail to properly setup or breakdown equipment or fail to clean up the facility at the end of a session, will incur additional fees including but not limited to cleaning fees. Any equipment; personal property; or other items brought in by the Member or Customer must be removed by them at the end of the session. You understand and agree that our Company; its' owners; employees; or agents; accept no liability or responsibility for any equipment or personal property left by anyone at the facility during a scheduled session. 

*NOTE: At no time is our Company, its' owners or directors; staff or employees; liable or responsible for lost; stolen; or damaged personal property that is left on the premises. 

(F) Equipment.

(1) Warranty. Our Company agrees to supply darkroom equipment for scheduled sessions which shall be in good repair and working order. Our Company and staff provide no warranty or guarantee as to the equipment's functionality or suitability for your purpose. You acknowledge and agree to notify our Company or a staff member immediately if it is discovered that the darkroom equipment is not working properly or is broken in order to make repairs. 

(2) Damages. If it is discovered that the Member or Customer caused the damage, you agree to be personally and financially for all damages and repair costs. Your damage deposit will be held and applied to any outstanding balance, and you will be billed for any additional charges, costs, or labor. 


(G) Limited Liability.

You understand and agree that you are using our facilities and services "as is" and at your own risk. You acknowledge to hold our Company; as well as its' owners; employees; staff; and agents; harmless from any incidental; consequential; direct or indirect damages; injuries; loss; costs; claims; or death; as a result of your use of our facilities and/or equipment. You and your Guest(s) also agree to hold our Company; employees; staff; and agents; free from any liability; claim; lawsuit; death; loss; damage; accident; injury; or damages; including but not limited to legal costs and attorney's fees related to such claim or loss. 

(H) Conduct.

Our Company provides professional darkroom and photographic services. All Members, Customers, and Guests are expected to act and behave in a professional manner at all times. Our Company reserves the right to cancel any darkroom session in the event anyone behaves or acts in an irrational or unprofessional manner. Our Company and our staff also reserve the right to have anyone who acts in an unprofessional, irrational, or combative manner/behavior removed from the facility by governmental authorities or the police as needed. Our Company and our staff have a zero tolerance for: bullying; harassment; bigotry; discrimination; profanity; and vulgarity. 

VIII. FILM PROCESSING SERVICES

(A) Orders.

(1) Film Processing. The Customer understands and agrees that it takes a minimum of 3 to 5 business days to process film. There may be longer wait times depending upon the number of orders in the queue. All orders are taken on a first-come and first-served basis. You will be contacted upon completion of your film processing order.  

(2) Limitations. All processed film is held by our Company for up to one (1) month. If the customer fails to pick up their negatives, they will be destroyed, therefore time is of the essence. You understand and agree that if our Company processes your film and it is "blank" or exposed prior to arrival at our facility, we accept no liability or responsibility for any loss or damage and you agree to hold us harmless. 

In the event film is "blank" or exposed (over or under-exposed) the Customer/Member acknowledges and agrees they are still personally financially liable to pay for all processing fees and costs. 

(B) Scanned Images.

All scanned images will be kept on our Company's computer for one (1) week after we send them to you unless otherwise notified. Failure to download your images will result in having to resubmit them for a new scanned order. 

(C) Damages.

The Customer and/or Member understands and agrees that we are not liable for any damages, errors, or mistakes when hand-processing film. We warrant to professionally accept and process your film; however, defective chemicals; equipment failure; and as well as defective photographic paper may happen from time to time. You agree to hold our Company; its' owners; employees; and agents; harmless from any and all damages, errors, and mistakes for film processing. 

(D) Shipment.

Customer orders for film and/or prints to be processed and shipped will be mailed upon completion of the order. Please allow a minimum of 3-5 business days for shipping and mailing upon completion of your order. The Customer acknowledges that they will be charged for shipping and handling fees at the time the order is placed. Insurance coverage is available for shipment and delivery for an additional fee. Please specify the type of shipment requested at the time of your order. 

If you discover your order was damaged upon receipt, please contact our Company immediately in order to file a claim. You can contact: ____contact@greyscaledarkroom.com______. Note: You must save all packaging; packing; and materials; in order to file a claim

(E) Cancellation.

Once your order and payment has been received, processing will begin.

The Client understands and agrees that if they decide to cancel an order, it must be done prior to our processing the order.  Once processed, the Customer/Member is personally and financially responsible for all costs and fees for processing. 

(F) Returns.

Refunds and returns for damaged orders or material of unacceptable quality will be considered on a case by case basis.  Please contact us for additional information.  In the event the Member or Customer has received a damaged order, they should contact us immediately. (See § (c) above).


IX. CONTENT

(1) Defined. The term "Content" includes and is not limited to: 

Data; files; pictures; video, audio, or media recordings; comments; information; text; graphics; and any interactive features that are accessible through our website. 

(2) Risk. You understand that any website content that you access, download, or transmit, whether on our website; or any other third-party website; is at your own risk and agree to accept responsibility for any damages or losses. 

(3) Intellectual Property. We retain all rights, title and interest to our own website, social media sites, and their content which is protected by copyrights, trademarks, service marks, patents, trade secrets or other laws, both locally and internationally.   You promise not to interfere with these rights, and to follow all applicable intellectual property laws.

(4) Submissions. Any data or files that are uploaded, downloaded, or transmitted to and  from our website is considered a User Submission. Customers can upload files and content through our website provided they use the following rules: 

  • Submitted content must be owned by the User/account holder;

  • Submitted content must be original to the User/account holder;

  • Submitted content must not infringe upon third-party copyrights;

  • Submitted content must not be involved in pending or threatening litigation;

  • Submitted content must not be involved in a validity/ownership challenge;

  • Submitted content must not contain: viruses; malware; or spyware;

  • Submitted content must not contain any software, code, or files that might be harmful to our website, platform, servers, or that of our customers and agents.

(5) Limited Liability.  Customers acknowledge that they are solely responsible for their transmissions and submissions through our website, and that our Company is not responsible for any errors, omissions, or intellectual property rights violations committed by other users or Members. Since we have no control over the content submitted by our customers, you agree to hold us harmless for any alleged violation or copyright infringement.

X. DMCA POLICY


If you believe a user or customer has committed a copyright violation, please notify our Copyright Agent immediately using the following procedure:

(1) Claims. Send a written claim to

______contact@greyscaledarkroom.com________________________.   

In the email you must:

a). Identify the property or work that has allegedly been infringed; 

b). Provide the location of the property, or content you believe has been allegedly infringed; 

c). State the name(s) or identity as well as contact information of the person(s) you believe have allegedly infringed upon a copyright; and

d). Provide a signed statement under penalty of perjury, stating you did not grant the alleged violator permission to use the copyrighted material; 

(2) Authorization. If you are not the owner of the work or material, then you will also need to provide us with a signed statement that says you are authorized to represent the original owner of the copyrighted material, along with the original owner's contact information. 

(3) Investigation. As soon as we receive your signed claim, we will immediately:

  • Freeze the alleged violator's account;

  • Conduct a thorough investigation;

  • Verify information;

  • Notify the violator of your claim; and

  • Send you a prompt response about our investigation.

(4) False Claims. If we find that the alleged violator has not committed a copyright infringement, we will immediately release any disputed material back to its' owner and unfreeze their account. If we discover that you have filed a false copyright infringement claim, then you agree to be personally and financially liable for all costs or damages we incur as a result of the investigation, including but not limited to attorney's fees, legal fees, and expenses. 


XI.  CANCELLATIONS

Customers can cancel their Membership at any time by providing a thirty (30) written notice to our Customer Service Department, requesting cancellation as provided herein. Notice may be provided either via E-mail or U.S. Postal Service. Please note, once your account is cancelled, you will no longer have access to our products and services.  

It can take up to 30 and even 60 days for our servers to populate and delete you from the system. Our Company may continue to retain limited information to determine that customers were properly deleted from the system. 

XII. REFUNDS

(A) Damages and negligence. If we discover that your film and negatives were improperly handled, exposed, or damaged due to negligence by members of our staff, we will issue a refund for the amount of the order. At no time will we issue a Refund over $____150_____ dollars. Refunds are processed on a case-by-case basis. Customers must follow our Refund Policy in order to receive either a partial or full refund. Failure to follow these instructions will either delay or prevent a customer from receiving a refund. 

(B) Membership Refund. In order to receive a refund under our Membership Agreement, you must send us a written cancellation request at least (30) Calendar days prior to your Membership anniversary date and it must be:  

1. In writing;

2. Include your: name, date, account number, and contact information; and,

3. Reason for cancellation.

We will pro-rate your Membership. You understand and agree that you are still responsible for any outstanding fees and costs for film processing or any other photographic services. 

XIII. CLASSES

(A) Rates. We offer a variety of educational classes to our customers and Members.  Please see our Rate Sheet for Class information; schedules; and pricing. Prices and schedules are subject to change with or without notice. To hold your space for each class, the Member/Customer must pay all dues and fees plus any deposits up front when signing up for a class.

(B) Deposit and Payment.

The Member or Client understands and agrees that classroom booking deposits are non-refundable. In the event you must cancel due to unforeseen circumstances or a Force Majeure event, our staff will reschedule and place in you a class at a more convenient time. Payment for classes can be made via: cash; check; debit or credit card and made payable to: [Name of Company].

(C) Cancellations.

In order to cancel a class, you must call or write to us and cancel in no less than forty-eight (48) hours prior to the start of class in order to receive a refund.  In the event you fail to cancel within (48) hours of the scheduled class, our Company will not issue a refund.  Classes may be cancelled at any time at the discretion of the owner due to: a force majeure event;  facility repairs; maintenance; or for any other cause. In the event our Company is compelled to cancel due to circumstances beyond our control, a full refund will be issued to the attendee for the scheduled class. 

(D) Refunds.

Refunds are only issued in the event the customer or Member cancels a scheduled class according to our cancellation policy. (see above) Failure to cancel within (48) hours of the scheduled class will waive your right to a full refund. Refunds due to Force Majeure events will be considered on a case-by-case basis. 

(E) Class Schedule.

(1) Time. Time is of the essence for all classes. Our instructors will not delay start of any class due to the customer or Member's tardiness or non-attendance. All attendees are expected to arrive on time for each scheduled class, and have all supplies or tools needed in order to participate.

(2) Participation and Cleaning.  Our Instructors for scheduled photographic classes encourage participation of attendees. In addition, attendees are expected to clean up the at the end of a session as well as remove any and all personal items.  You understand and agree that our Company; its' owners; employees; or agents; accept no liability or responsibility for any equipment or personal property left by anyone at the facility or in a classroom. 

NOTE: At no time is our Company, its' owners or directors; staff or employees; liable or responsible for lost; stolen; or damaged personal property that is left on the premises. 

(F) Equipment.

(1) Supplies. Our Company agrees to supply darkroom equipment and some supplies for scheduled classes. The class Instructor will notify students and provide details as well as hand-outs regarding supplies required for each class. 

(2) Warranty. Our Company warrants that all photographic and darkroom equipment used for classes shall be in good repair and working order. Our Company and staff provide no warranty or guarantee as to the equipment's functionality or suitability for your purpose. You acknowledge and agree to notify our Company or a staff member immediately if it is discovered that the darkroom or photographic equipment is not working properly or is broken in order to make repairs. 

(3) Damages. If it is discovered that the Member or Customer caused the damage, you agree to be personally and financially for all damages and repair costs. Your damage deposit will be held and applied to any outstanding balance, and you will be billed for any additional charges, costs, or labor. 

(G) Limited Liability.

You understand and agree that you are using our facilities; services; and classroom "as is" and at your own risk. You acknowledge to hold our Company; as well as its' owners; employees; staff; and agents; harmless from any incidental; consequential; direct or indirect damages; injuries; loss; costs; claims; or death; as a result of your use of our facilities; classroom; and/or equipment. You and your Guest(s) also agree to hold our Company; employees; staff; and agents; free from any liability; claim; lawsuit; death; loss; damage; accident; injury; or damages; including but not limited to legal costs and attorney's fees related to such claim or loss. 

(H) Conduct.

Our Company provides professional darkroom and photographic services as well as photographic classes and education. All Members, Customers, and Guests are expected to act and behave in a professional manner at all times. Our Company reserves the right to cancel any classroom session in the event anyone behaves or acts in an irrational or unprofessional manner. Our Company and our staff also reserve the right to have anyone who acts in an unprofessional, irrational, or combative manner/behavior removed from a classroom and/or our facility by governmental authorities or the police as needed. Our Company and our staff have a zero tolerance for: bullying; harassment; bigotry; discrimination; profanity; and vulgarity. 

XIV. RULES AND CONDUCT

We have a Zero Tolerance Policy for: harassment; bullying; obscenities; pornography; bigotry; homophobia; racism; sexism; copyright infringement; and theft. 

Members, Users, and Customers must not use our website or services for any improper, illegal, or prohibited purpose. The Member or Customer may not access or use our services to copy or print: pornography; hate crimes; bigotry; works or prints that our staff considers obscene; any work or print that would violate copyrights; intellectual property rights; or infringe upon any third-party copyrights. 

XV. CUSTOMER SUPPORT

(1) Support. Our Company provides support services on a first come-first served basis. Customers are encouraged to send an email containing: their username and account number; date; and a description of their challenge or problem to:

Email: ___contact@greyscaledarkroom.com_

Phone: ________________________________

(2) Maintenance. We regularly conduct maintenance and system checks of our platform and darkrooms. In those instances, our website and/or darkroom may be down or inaccessible.  If for any reason the platform, website or system is down for more than 24-48 hours, we will provide notice via our website.


XVI.THIRD PARTY SITES AND SERVICES

You understand and agree that our website may redirect you to other websites or affiliates. If you click a link, or follow a hyperlink to a third-party website, you agree that you are doing so at your own risk. We have no control over third party websites whatsoever; therefore, we are not responsible, directly or indirectly, for any damages or losses that might happen as a result of your accessing or using a third-party website.


XVII.  TERMINATION

We reserve the right to terminate or cancel your: Membership; order; access to our darkroom; or availability to all or any part of our website; facilities; or services at any time. If we cancel or terminate access or Membership, you will receive notice either through the website or via email.  If your account or Membership is terminated, then the terms and conditions in this Terms of Use survive termination and cancellation, including but not limited to: limited liability; warranty disclaimers; indemnification; disputes; and choice of law provisions. You understand and agree that you are liable for any outstanding fees; charges; costs; on your account at the time of Termination. 

XVIII. INDEMNIFICATION

Customers, Users, and Visitors agree to defend, indemnify, and hold our Company harmless as well as our owners; directors; employees; and agents; from all third-party claims or losses, costs, actions, damages, expenses, or liabilities, that arise from or relate to your using or accessing our website; darkroom; office; or services. This also applies to unforeseen third-party claims.

XIX. LIMITATION OF LIABILITY

(A) Risk. Customers, Visitors, and Members understand and agree that they personally assume all responsibility and risk for using our: website; darkrooms; content; and/or services. Our company, its' owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; exemplary; or consequential damages. The term "Damages" may include and is not limited to:

  • Loss of Profits;

  • Interruption of service;

  • Injuries; Personal Injuries;

  • Loss of business/personal information;

  • Other loss, claims, or damages;

(B) Personal Liability. All Members and users who access our website; rent darkrooms; or order film processing and print services do so at their own risk and assume all personal liability and responsibility. You understand that using darkroom equipment and photographic chemicals carries risk, including but not limited to loss; injury; and even death; and you agree to accept personal liability and responsibility for those risks.

(C) "As is". Our Company, their owners, employees, agents, or assigns, make no warranty or guarantee, express or implied, for the accuracy, completeness, or usefulness of any disclosed information, product, or photographic service available through our website; social media sites; offices; or darkrooms.

(D) No Liability. In no event will our company be liable for any loss or damage, including without limitation, indirect, consequential, specific loss or damage, theft, injury, or death whatsoever arising from the visitor, Member, or user’s utilization of: our website; social media sites; darkrooms; products; and/or services.  

XX. FORCE MAJEURE

Force Majeure means "any event" that might occur that is "beyond our control", or that of a User, Member, or Customer or their agent. Neither We nor our customer shall be responsible for any failure to perform if it involves: vandalism, fire, flood, strike, labor unrest, riot, act of civil or military authority, accident, acts or omissions of carriers, or Act of God, or other event beyond their control. When we become aware of any force majeure event, it will be posted on our website, or sent via email to our Members and Customers. Any changes in our service, or resumption in our service will be posted on our Company website. 

XXI. DISPUTES

(1) Mediation. In the event either we or the Member or Customer have a dispute about these Terms of Service or its interpretation, we agree to resolve the dispute via Mediation in Narrowsburg, New York; and we both agree to share the cost and choice of a Mediator. All proceedings regarding mediation shall be kept confidential and private at all times. 

(2) Notice. The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing a Mediation claim, giving the parties the ability to resolve the dispute before Mediation. Notices shall be served as provided herein. Upon filing of the complaint, Mediation shall be conducted via Mediation Rules as provided by the New York BAR Association or Rules of Court. 

(3) Prevailing Party. The final decision of the Mediator shall be binding upon the parties, and the prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.

XXII. NOTICES

Any Notice that is required in this Agreement must be in writing and sent to parties as follows: 

(1) Notice can be delivered via: email; fax; United States Postal Service; or overnight/special courier.  Customers can opt out of email notifications by sending a written email to:__contact@greyscaledarkroom.com____.

(2) All other Notices are to be sent to the last known address or email address for our Company; or to the customer's last known address/email address. 

Greyscale Darkroom and Photo Lab

7 Erie Avenue, Narrowsburg, NY. 12764

XXIII. SEVERABILITY

If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.

XXIV. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the of the State of New York, U.S.A., without regard to conflicts of law provisions and C.I.S.G. (U.N. Convention for the International Sale of Goods and Services).  

XXV. ELECTRONIC COMMUNICATIONS

If you visit our website, send us emails, and complete online forms this constitutes "Electronic Communications."  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our website satisfy any legal requirement that such communication be in writing.  YOU ALSO AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY OUR COMPANY OR VIAOUR WEBSITE. 

XXVI. CONTACT

You can contact our Company at:

Address: 7 Erie Avenue, Narrowsburg, NY. 12764

Email: contact@greyscaledarkroom.com

Phone:

Effective Date: May 1, 2021