By submitting any photographs, negatives, slides, albums, or other physical or digital media ("Materials") to Photografio, a DBA of Rob Comeau Media Productions, Inc. ("Photografio," "we," "us," or "our"), for scanning, digitizing, restoration, printing, or any related service (the "Services"), you ("you" or "Customer") agree to the terms of this Limit of Liability. If you do not agree to these terms, do not submit Materials to Photografio.
Photografio provides high-volume, small-business photo scanning and digitization services, including pickup and delivery within the Santa Clarita area and/or mail-in submission to our business mailing address. Our scanning process is designed to digitally preserve ordinary family photographs at a fair, accessible price. It is not a museum-grade archival restoration service, and results may vary based on the condition, age, and quality of your original Materials.
You acknowledge that many photographs, negatives, and slides are irreplaceable and may have significant sentimental value that cannot be measured in dollars. You understand that Photografio's pricing reflects a high-volume, accessible service model, and that this Limit of Liability is a material part of the price and terms on which we agree to provide the Services. If any of your Materials are truly irreplaceable, we recommend keeping any available duplicates.
Except as expressly provided in this document, Photografio's total liability for any claim arising from or related to the Services — whether for loss, damage, delay, or any other cause, and regardless of whether the claim is based in contract, negligence, strict liability, or any other legal theory — is limited to the total amount you paid for the specific order giving rise to the claim. Photografio is not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to emotional distress or loss of sentimental value, even if we have been advised of the possibility of such damages.
This limitation does not apply to damages caused by Photografio's gross negligence, recklessness, or intentional misconduct, to the extent such a limitation is not permitted under California law.
For orders handled by Photografio's own pickup and delivery service: custody of your Materials transfers to Photografio at the time of pickup and transfers back to you at the time of delivery. Photografio will use commercially reasonable care while your Materials are in our custody.
For orders mailed to our business mailing address: Photografio is not responsible for Materials while in transit and not yet in our possession, or after they have been handed to a shipping carrier for return to you. We recommend using a trackable, insured shipping method for any mailed originals, since carriers — not Photografio — are responsible for loss or damage that occurs while your Materials are in their possession.
You must notify Photografio of any issue with your order, including any allegation of lost, damaged, or mismatched Materials, within 14 days of receiving your completed order. Photografio disclaims all responsibility, and you agree to accept full responsibility, for any issue first reported after this period.
Our scanning process is optimized for efficient, high-volume digitization of ordinary photographs. We do not guarantee a specific resolution, color accuracy, or level of restoration beyond what is stated in your order at the time of purchase. Photografio is not liable for pre-existing damage, fading, silvering, or deterioration present in your original Materials before they were submitted to us.
Where digital files are delivered via a cloud link or third-party hosting/delivery platform, Photografio does not control the security, availability, or integrity of that third-party platform, and is not liable for any loss, corruption, or unavailability of files once delivered through it. You are responsible for downloading and independently backing up your digital files promptly after delivery.
By submitting Materials, you represent that you own the copyright to the submitted photographs or have the permission of the copyright holder to have them scanned and reproduced. This section is a summary only — see Photografio's separate Copyright Indemnification Agreement for full terms.
The Services are provided "as is" and "as available." Photografio disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by California law.
You agree to indemnify and hold harmless Photografio, its owner, and Rob Comeau Media Productions, Inc., from any claim, cost, or expense (including reasonable attorney's fees) arising from your breach of these terms or your submission of Materials you did not have the right to submit.
This agreement is governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
If any part of this agreement is found unenforceable, the remaining parts remain in full effect. Photografio may update these terms at any time; continued use of the Services after changes are posted constitutes acceptance of the updated terms.
Questions about these terms can be directed to info@photografio.com.