Film Processing Policy:
Film processing takes 3-5 business days to process. It is possible that it may take longer than this. If we have not contacted you regarding your film, please contact us.
After we've contacted you to pick up your film, we will hold onto your film for up to 1 month. If you fail to pick up, your negatives will be disposed of unless we receive further notice.
Any scanned images will be kept on our computer for ONE WEEK after we send them to you unless notified. Failure to download your images means you will have to submit them again to be rescanned as a new order.
If we process your film and it is a blank roll or it was exposed before arriving to us, it is still your responsibility to pay for the chemicals and labor used to process the roll.
We are not liable for any damages or mistakes made when hand processing your film. Mistakes are a natural part of the process. While our track record is 99.99% perfect, we are still humans that error occasionally.
TERMS OF SERVICE (TOS) AND LIMITATION OF LIABILITY
These terms and conditions form a contract between USER (hereinafter “you” or “your”) and GOWANUS DARKROOM LLC that governs your access and use of the website www.gowanusdarkroom.com and our products and services (collectively as the “Services”). Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of the Services, you agree to comply with all of the terms and conditions set out in this document.
The domain name www.gowanusdarkroom.com (hereinafter referred to as "Website") is owned by GOWANUS DARKROOM LLC a limited liability company incorporated under the laws of State of New York with its registered office at 119 8th St. #212, Brooklyn, NY 11215 (hereinafter referred to as “we”, “us”, “our”, “GOWANUS DARKROOM”, or “Company”).
Your use of the Website, services and features are governed by the following terms and conditions ("Terms"). If you transact on the Website, You shall be subject to the terms and policies that are applicable to the Website and services for such transaction.
For the purpose of these Terms, "You" or "User" shall mean any person who has accesses this Website, or any person that has provided Registration Information (Sign-up) while signing up on the Website as Member or make any space reservation or book any private classes through our website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE OR SIGNING AN ORDER FORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
1. ELIGIBILITY
User must be at least Eighteen (18) years of age. User represents and warrants that (i) User have the right and authority to enter into this User Agreement; and (ii) he/she abides all of the terms and conditions of this User Agreement.
2. MINOR
If you are a minor, your parent or guardian must read and agree to this Terms of Service. We reserve the right to terminate your use and refuse to provide you with access to the website or any services if it is brought to our notice or if it is discovered that user is under the age of 18 years.
3. UPDATES
We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to terminate his/her Member Account. The user's continued use of services will constitute binding acceptance of such modifications.
4. DISCONTINUE THE SERVICES
Company reserves the right to modify or discontinue any of its Services with or without notice to the user.
5. ELECTRONIC COMMUNICATIONS
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
6. PRIVACY
We are committed to protecting your personal information and ensuring its privacy, accuracy and security. Please read our Privacy Policy for more details.
7. FILM PROCESSING
Film processing takes 3-5 business days to process. It is possible that it may take longer than this. If we have not contacted you regarding your film, please contact us.
After we've contacted you to pick up your film, we will hold onto your film for up to ONE MONTH. If you fail to pick up, your negatives will be disposed of unless we receive further notice. We are glad to work with you to make arrangements for shipping if you are unable to pickup in a timely manner.
Any scanned images will be kept on our computer for ONE WEEK after we send them to you unless notified. Failure to download your images means you will have to submit them again to be rescanned as a new order.
If we process your film and it is a blank roll or it was exposed before arriving to us, it is still your responsibility to pay for the chemicals and labor used to process the roll.
We are not liable for any damages or mistakes made when hand processing your film. Mistakes are a natural part of the process. While our track record is 99.99% perfect, we are still humans that error occasionally.
LIMITATION OF LIABILITY- FILM PROCESSING: SUBMISSION OF ANY FILM / NEGATIVES FOR PROCESSING, SCANNING, PRINTING OR HANDLING OF ANY KIND CONSTITUTES AN AGREEMENT BY YOU THAT ANY DAMAGE TO THE FILM, OR LOSS OF SAME, DUE TO ANY REASON, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, MECHANICAL FAILURE, FIRE, FLOOD, LOST OR THEFT WILL ONLY ENTITLE YOU TO REPLACEMENT WITH AN EQUIVALENT QUANTITY OF UNEXPOSED FILM AND ITS PROCESSING. IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY OTHER DAMAGES WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING LOST PROFITS OR LOSS OF DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROCESSING SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. DARKROOM / STUDIO SPACE RENTAL
At GOWANUS DARKROOM we are committed to providing the best possible photographic printing resources and services for those wanting to produce quality black & white and color prints. Our rental darkroom continues to be one of the best equipped in the State, offering affordable access to top quality equipment for both black & white and color film printing, along with expert advice and assistance from our vastly experienced team of technicians and use of film processing area for processing any film. Our darkroom provides a comfortable & fresh environment to work in.
You can simply buy one of the hourly packages mentioned on our website or pay in person, reserve your timing and start your printing during your reservation hours. In our darkroom rental plans, we provide photographic darkroom, film processing sink, film scanner, computer with editing software and all chemistry for printing but we do not provide paper. You will be required to bring your own paper, or can purchase paper from us.
Anyone using the darkroom agrees that they are a confident and proficient within the darkroom. If you have not used a darkroom before please join one of our private lessons after which you can use the darkroom. For safety or other purpose(s), our darkroom will be, at all time, monitored by CCTV cameras.
STUDIO SPACE RENTAL: We accept bookings of studio if you would like the whole space for an event or shoots. Please contact us at info@gowanusdarkroom.com for full day and half day rental rates.
LIMITATION OF LIABILITY – SPACE RENTAL: IN NO EVENT WILL THE COMPANY, ITS OFFICERS OR EMPLOYEES ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS OF ANY PERSONAL PROPERTY, EQUIPMENT OR OTHER VALUABLES AFTER LEAVING THE DARKROOM SPACE BY YOU. FURTHER, ALL CHEMICALS WILL BE MIXED AS PER OUR OR YOUR DISCRETION; AND THE COMPANY, ITS OFFICERS OR EMPLOYEES WILL NOT BE LIABLE FOR NON WORKING CHEMICALS.
DAMAGE OR LOSS OF ANY EQUIPMENT, NOT AT THE FAULT OF OUR EMPLOYEE, WILL BE CHARGED TO YOU, BASED ON CURRENT ITEM PRICING.
9. PRIVATE AND GROUP LESSONS
We provide private lessons for film processing, darkroom printing and color printing. We also provide advance lessons for Professionals. You can simply buy one of the lesson packages mentioned on our website; reserve your timing and start learning during your reservation hours. Our Certified Trainers are highly skilled professionals in the industry with an in-depth knowledge of photography. They are accomplished photographers who have a true passion for photography and take deep personal and professional satisfaction in offering superior training to others.
Each Trainer’s brings a unique skill set which enables them to respond to the individual learning needs of their students. Our Certified Trainers are highly competent as both professionals and trainers.
Company outsources some of its group lessons to third party service providers. By making reservation for group lesson, you hereby acknowledge and consent that we may share some information and data with whom we have a contractual relationship to provide the requested service.
LIMITATION OF LIABILITY - COMPANY OUTSOURCES SOME OF ITS GROUP LESSONS TO THIRD PARTY SERVICE PROVIDERS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR GROUP LESSON AND RELATED SERVICES ARE PROVIDED BY THIRD PARTY SERVICE PROVIDER. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY, ITS OFFICERS AND EMPLOYEES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE OR DAMAGE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL PROVIDED BY THIRD PARTY SERVICE PROVIDER. COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDER.
10. MEMBERSHIP
Please read our Terms of Membership for more details.
11. MEMBER ACCOUNT
If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access of your IP on the Website and refuse to provide You with access to the Website and services. User agrees to notify Company immediately of any unauthorized use of User’s Account. Company shall not be liable for any unauthorized use of User Account.
12. MERCHANDISE POLICY: Our website allows you to view the products & merchandise and submit orders at the click of a button. After placing an order through us, you will receive an e-mail notification acknowledging it. Please note that this does not mean that your order has been automatically accepted nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason best known to us.
This Site is provided solely for retail customers. The Site shall not be used to purchase products for re-sale. You represent and warrant, by placing an order via this website, that you are not a reseller, dealer, exporter, or distributor who resells the products & merchandise offered by us. We do not accept orders from any reseller, dealer, exporter, or distributor who resells our products & merchandise. We reserve the right to immediately bar access to the website and terminate the account of any user who violates any provision of this section.
PAYMENT TERMS: All orders via our website are offered with the full 100% value balance due before the products and merchandise are delivered to you. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. For example, ______ [PayPal] ___ is one of our payment processing partners. We have no responsibility for or control over the information collected by third party service provider and we cannot be responsible for the protection and privacy of any information which you may provide to such third party service provider.
TITLE AND RISK: At the time of payment, the goods become your property and all risk and title transfers to you. You must check the information entered and correct any errors before clicking on the “Checkout” button. Once this is clicked, any errors cannot be corrected. On receipt of your order, we will begin processing your order and you will receive a message that your order has been received. Where any payment you make is rejected or not authorized, you will be returned to the previous page on the website and we shall not be obliged to provide the products and merchandise to you.
SHIPMENT: All orders are shipped Monday – Friday. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
DAMAGES: If you received your order damaged, please contact us to file a claim. Please save all packaging materials and damaged goods before filing a claim.
CANCELLATION: You can cancel your order from our website until it moves to "Shipped Status". Once it moves to shipped status then you won't be able to cancel the order.
RETURN AND REFUND POLICY: All purchase transactions made through the Site are subject to return and refund policy in effect at the time of purchase. Please read our Return and Refund Policy for more details.
13. DISCOUNTS, OFFERS & PROMOTIONS: Any agreed discounts or special offers are offered by GOWANUS DARKROOM LLC and we reserve the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by GOWANUS DARKROOM at its absolute discretion and decision.
14. LICENSE
Our website is protected by copyright, trade secret, and other intellectual property laws. Your use of our website and related services is based on the license of GOWANUS DARKROOM LLC’s Intellectual property to user. Company grants user a limited, non-transferable license to use Company’s website and related services. Company reserves all rights in the Intellectual Property not expressly granted to user. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services.
15. INTELLECTUAL PROPERTY
For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of Company Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company.
16. USER’S CONTENT/DATA
Users are solely responsible for all materials that they e-mail, transmit, or otherwise send to us (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake not to use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, EMPLOYEES, AFFILIATES AND ASSIGNS AGAINST ALL COSTS, DAMAGES, LOSS AND HARM INCLUDING TOWARDS LITIGATION COSTS AND COUNSEL FEES, IN RESPECT OF ANY THIRD PARTY CLAIMS THAT MAY BE INITIATED INCLUDING FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF SUCH USE OF THE NAMES, LOGOS, MARKS, LABELS, TRADEMARKS, COPYRIGHTS OR INTELLECTUAL AND PROPRIETARY RIGHTS, BY SUCH USER. You acknowledge and agree for not to use, nor permit any third party to use, the Company’s email address to distribute or transmit any of the following, including but not limited to:
Illegal and fraudulent information,
threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Trojan horse, worm or other disruptive or harmful software or data; and
Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
17. PROHIBITED ACTIVITIES
Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website, application/software or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other Clients; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (v) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vii) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
18. LINKS TO OTHER THIRD PARTY WEBSITES
Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Company while some are not under the control of the Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Company of any such linked site or the products therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.
19. DISCLAIMERS – WEBSITE AND SERVICES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
20. LIMITATION OF LIABILITY – WEBSITE AND SERVICES
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS, AGENTS, PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USERS OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
21. INDEMNIFICATION
You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website, Related Services or the Materials.
22. JURISDICTION AND APPLICABLE LAW
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of State of New York without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Brooklyn, New York for any action or proceeding arising out of or relating to these Terms and Conditions.
23. COMPANY RELATIONSHIP & TERMINATION
You agree that no joint venture, partnership, employment, or Company relationship exists between you and Company as a result of these terms. We may terminate your registration and/or deny you access to the Website or any part of it (including any services or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification. If you want to terminate the Services at any time, you may do so by (a) notifying Company and (b) closing your registered account for the Services that you use. Please send your termination notice at: info@gowanusdarkroom.com
24. ENTIRE AGREEMENT
These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
25. WAIVER AND SEVERABILITY
If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
26. ADDITIONAL TERMS
Certain areas of this Website are subject to additional terms. By using such areas, or any part thereof, you agree to be bound by the additional terms applicable to such areas.
27. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
GOWANUS DARKROOM LLC
119 8TH ST. #212, BROOKLYN, NY 11215
Phone: (718) 788-1751