TERMS & CONDITIONS

Memories Alive, LLC provides its service to you subject to the following Terms of Service, which may be updated periodically without notice to you.

Service and Responsibility

Memories Alive, LLC provides a website where you can upload your photographs, video, and music and create photo products such as albums, books, calendars, cards, and posters.  When you begin creating a photo product, you may have the option of inviting your friends or family members to contribute by uploading their photos and/or adding text.  It will be your responsibility to review and approve any material they contribute.  Once the creation meets your final approval, you can place an order to have the photo product printed and mailed to you.   We cannot accept returns or cancel orders after they have been processed unless they are damaged in transit. You must set up an account in order for the products to be created collaboratively with your friends and family.

You are responsible for maintaining the confidentiality of your username and password and for any and all activities, including purchases and downloads, that are conducted through your account.

You must be at least 13 years of age to use our services, have a valid email address, and provide truthful information about yourself when requested.  The Site is for personal use only.  By using the Site, you indicate that you accept these Terms and Conditions and that you agree to be bound by them.

Payment

Memories Alive, LLC accepts VISA, Mastercard, Discover, and American Express.  Payment is due when ordering your product(s).

Timeframe

Memories Alive, LLC will process your order as soon as it is received.  For printed products, orders will be shipped within 5 working days of receipt.  This policy is subject to change on a temporary basis, as might be the case in periods of high demand (ie, during the holidays).

Guarantee of Quality

Memories Alive, LLC guarantees customer satisfaction of your Printed Products only if the photos are JPG format and have a resolution greater than 1000 x 1000.  Photos taken with cell phone may not meet this requirement.  To check resolution using Windows XP or Vista, simply hover over the photo with your cursor. 

If your printed products arrive in a damaged state where it is obvious that we made an error, you will be allowed to re-order at no cost to you, once we have verified the damage. 

Damage Liability While in Transit

Memories Alive, LLC shall not be liable for any products while in transit through or in the possession of any mail carrier or courier.  We will not be liable for any loss, any damage, or any theft of the above mentioned while in transit through or in the possession of any mail carrier or courier.  Memories Alive, LLC will, however, make every effort to get you a replacement product in the event your product is lost, damaged, or stolen while in transit.

Use of Copyrighted Material

The copying, redistribution, reselling or publication of any part of the services or products we provide is prohibited.

Memories Alive, LLC provides products and services which use images, video and music (collectively referred as “media”) you upload to the Site.  You are responsible for all media uploaded to the Site.  You must have the legal right to use the media.    By placing an order with us you are representing and warranting to Memories Alive, LLC that you have that right, that all photos and media you upload belongs to you, that all media you upload was purchased by you from a legitimate retail vendor for your own personal in-home use, and that you have obtained any third party permissions that may be necessary to use the media you are supplying.  By placing an order with us, you are also agreeing to indemnify Memories Alive, LLC against any liability that might arise as the result of a claim by any third party that inclusion of the media you upload violates any copyright or other right of any third party.  Memories Alive, LLC expressly disclaims any responsibility or liability to any third party arising out of the content of the media you upload, and you agree to be solely responsible as to any such claim.  Memories Alive, LLC 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 Memories Alive, LLC as a result of any legal action or litigation taken against Memories Alive, LLC as a result of an alleged copyright infringement.  By requesting the services of Memories Alive, LLC, and by uploading media to our Site, you are stating that you own the copyright or have expressed written permission to use such copyrighted material.

Prohibited Material

It is your responsibility to ensure the integrity of the media you upload to our Site.  Generally, the following content is prohibited if Memories Alive, LLC believes it:

1. is pornographic, obscene, distasteful, abusive, deceptive, defamatory, slanderous, offensive, or otherwise inappropriate;
2. is copyrighted material used without appropriate permissions;
3. contains viruses, worms, corrupt files, Trojan horses or any other types of corruptive code or content;
4. advocates illegal activity;
5. encroaches on the rights of others;
6. is unlawful;
7. harms anyone, including minors; or,
8. provides a link to any of the above;

Memories Alive, LLC will not accept prohibited material in any form and we reserve the right to destroy prohibited material without any liability.  In addition, Memories Alive, LLC will turn over any child pornographic (or any other unlawful) material to the proper authorities along with all available information of the person who sent the material. 

Project Approval

When you create an account and begin developing a project which is to be created collaboratively, you become the Project Manager, and will retain all rights to approve material submitted by your friends and family.  Memories Alive, LLC will not allow you to order the final product(s) created collaboratively unless you warrant that you have inspected all photos, text, and media submitted by everyone and that the project meets our terms and conditions, including the restrictions on using Prohibited Material.  You will be able to review a draft of your project on our Site and make changes as needed.

Copyright and Trademark  

All content appearing on this Site is the property of Memories Alive, LLC, copyright ©2006.  All rights reserved.  As a user, you are authorized to upload media, create products using the uploaded media, and order the completed products so long as the products you create are used for personal use only.   All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with this Site are the property of Memories Alive, LLC.  You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Client (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.

Third-Party Websites and Service Providers

The Service may re-direct you to websites or services owned or operated by third parties.  We have reviewed all of the third party sites to which you may be re-directed.  Since we have limited control over the third party sites, we are not responsible for the privacy or other practices of such third party sites.  Our relationship with third party sites is for your convenience and should not be construed as our endorsement of the third party sites. 

Other web sites may provide links to Memories Alive services with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We suggest you become familiar with the terms of use and practices of any third party sites.

Privacy Policy  

Memories Alive, LLC will not sell, distribute, or barter any customer information with any third party. We will share, to the extent possible, limited customer information with third party fulfillers so that they may print and ship your products or provide online software and storage of photos and media.  Financial information will be shared ONLY with credit card authorization companies at the time you place your order.    

Shipping & Delivery   

The risk of loss and title for all merchandise ordered on this Site pass to you when the merchandise is delivered to the shipping carrier.  Memories Alive ships via UPS.  We use their published rates, which results in a lower cost to you.

 Canadian Destinations:

• Courier brokerage fees are included in the cost. The recipient is responsible for any additional taxes, duties or other customs fees charged by the Canadian government upon delivery.

International Destinations:

• Photo Books, calendars, cards, and posters are zero-rated for VAT.
• Shipments to European destinations may be subject to additional taxes, duties or other customs fees upon delivery. The recipient is responsible for any such fees at the point of delivery.

Sales Tax 

Memories Alive, LLC charges sales tax for products and services ordered on this Site by Virginia residents based on the applicable state sales tax rate at the time of order.

Return Policy   

All sales are final.  Shipping & handling fees are non-refundable.  Replacement products will be provided at no additional cost when errors are caused by Memories Alive, LLC.  If products are received in a damaged state, please Contact Us.

Limited Warranties

The Content included in this Site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Site. Memories Alive, LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site or Content, or the suitability, functionality, or operation of this Site or its Content. By using this Site, you assume the risk that the Content on this Site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.    ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.   MEMORIES ALIVE, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MEMORIES ALIVE, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

MEMORIES ALIVE, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS.  MEMORIES ALIVE, LLC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT DOWLOADED MATERIAL WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, MEMORIES ALIVE, LLC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

VOID Where Prohibited   

Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions.  Memories Alive, LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Site is void where prohibited. 

Governing Law   

In the event of litigation both parties agree that the Law of Virginia shall apply and both parties consent to the jurisdiction of the state courts of Richmond, VA, or in the event of diversity of citizenship, the United States District Court for the (District).  Both parties expressly waive a trial by jury.

Indemnity

You agree to indemnify and hold harmless Memories Alive, LLC., and our third party partners, from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.

Termination

Memories Alive, LLC may, in its sole discretion, terminate your Membership or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Memories Alive, LLC, or (ii) conduct Memories Alive, LLC believes is harmful to other Members or users, or to the business of Memories Alive, LLC, or (iii) failure to maintain Active Participation in the Service.  Memories Alive, LLC will not be liable to you or any third-party for any termination of your access to the Service.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and Memories Alive, LLC.  The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, written, or implied between you and Memories Alive, LLC.  No modification of the Terms and Conditions shall be effective unless it is authorized by Memories Alive, LLC.  If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.