Welcome to iMemories! We hope you enjoy your visit, and find that using our service is easy and fun.

Before you begin setting up your account with iMemories, Inc. (herein referred to as "we", "us", or "iMemories"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the iMemories service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click on the "Sign Up" button. This will constitute a binding agreement between you and iMemories. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline acceptance, click the "Cancel" button. Note that any violation of these Terms may result in termination of our Service to you.

iMemories reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after iMemories makes any such changes, you agree to be bound by the revised Terms.

Registration

When you set up your account with iMemories, you agree to provide current and accurate information about yourself and update your information to keep it current. Our use and disclosure of any such information is governed by our Privacy Policy. You acknowledge that, if any information provided by you is untrue or inaccurate, we reserve the right to terminate your access to and use of the Service.

During the account set-up process, you may be prompted to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name, is illegal, vulgar, impersonates someone else or is otherwise offensive, or is protected by trademark or other proprietary rights law. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. You are responsible for the confidentiality of your password and for all activities, including purchases that are conducted through your account.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access and use the Service, including any text, sounds, data, links graphics, and other materials incorporated into the Service (other than your Submissions), solely as made available by us and solely for your own personal purposes. The Service, including all such materials and all intellectual property rights therein, remain the property of iMemories or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the Service for any commercial purpose without the written consent of iMemories.

While using the Service, you agree not to:

We may terminate your access to and use of the Service immediately if you fail to comply with the above terms.

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Your Submissions

You may submit certain material to iMemories, including without limitation, home movies and pictures, both in physical and digital format, as part of your use of the Service ("Submissions").

Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

While iMemories is not responsible for, and does not review or comment on the content of Submissions provided by iMemories users, iMemories reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that iMemories deems necessary relating to use or misuse of the Service. iMemories may request confirmation of the copyright or trademark ownership from the submitter. If iMemories does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, iMemories reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, iMemories reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to iMemories a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

We recommend you keep back-up copies of your Submissions on your hard drive or other personal system. The iMemories service is not intended as a guaranteed back-up solution.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. iMemories will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

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Copyright

iMemories is committed to protecting copyrights and expects users of the Service to do the same. Customer declares that all materials submitted to iMemories for transfer, sharing or other reproduction, are not in violation of any copyright laws. Customer will indemnify and hold iMemories harmless in respect to any claim of violation of such laws. The materials submitted were either created by customer or customer has the permission of the copyright owner to duplicate them. If the customer does not own the copyright, a copyright release form is available by contacting iMemories at 800-845-8199 or by visiting http://www.imemories.com/copyright and must be included with the order in order to reproduce protected content.

At iMemories’ discretion and in appropriate circumstances, iMemories may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details:

Customer Service
ATTN: Copyright Protection
iMemories
9181 East Bell Road
Scottsdale, AZ 85260
Fax: (480) 767-2511
Email: copyright@imemories.com

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Age Requirements

You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

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Access to Your Account

You can allow other people to view selected images in your account through iMemories online share feature. The people you invite to view your images through online share will be able to see the images you have selected for them and will not have access to your entire account. Linking directly to images on iMemories servers from external sites is expressly prohibited.

We need to be able to access your account for the following reasons:

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Web Addresses (URLs)

As part of iMemories sharing service, iMemories may provide users with access to and use of pages on the iMemories site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. iMemories does not guarantee the availability of a particular web address. iMemories also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by iMemories to a user as it deems necessary in its sole discretion and, at iMemories option, to provide users with an alternative web page and address.

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Canceling the Service

If you violate any of these Terms, your permission to use the Service will terminate automatically. iMemories reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an e-mail warning to the address you used when you set up your account and waiting for a reasonable period for your response.

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Return Policy

iMemories is a premium transfer service. If a customer is not satisfied with an order, iMemories will attempt to re-do the order and attain a quality level as close as possible to the original source quality. However, as with custom services in other businesses and industries, transfer orders and related custom production services are non-refundable.

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GPS Tracking

If you purchase GPS tracking as part of your Services from iMemories a GPS unit will be included in the iMemories SafeShip Kit sent to you. Upon purchase of the iMemories GPS service you agree to comply with the following additional Terms:

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Copyrighted Material and Software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the iMemories site and Service is and will remain the exclusive property of iMemories. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

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Privacy Policy

When you create an account with iMemories, you need to provide some personal information, such as your name, e-mail address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

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U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

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Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

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Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Arizona, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Arizona, located in Phoenix, Arizona.

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Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

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Disclaimer of Warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH IMEMORIES’ SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMEMORIES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMEMORIES MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMEMORIES MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH IMEMORIES’ SITE OR ADVERTISED THROUGH IMEMORIES’ SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMEMORIES OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IMEMORIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF IMEMORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, IMEMORIES’ SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT IMEMORIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IMEMORIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF IMEMOREIS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IMEMORIES HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO IMEMORIES, CUSTOMER REQUESTS TRANSFER SERVICES DESCRIBED. CUSTOMER AGREES THAT THE LIABILITY OF IMEMORIES, ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO THE CUSTOMER’S FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. CUSTOMER ALSO AGREES THAT IMEMORIES, ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO THE CUSTOMER FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.

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Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at iMemories, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customer' interest in improving our service; however, please note our policy on external idea submission:

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to iMemories, Inc. or its employees.

Instead:

Send a message to service@imemories.com and describe ONLY the general application.

If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by iMemories in order to evaluate your concept(s).

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Intellectual Property

The systems, services, and products, or portions thereof that form part of the Services, are considered confidential and proprietary to iMemories. You agree not to take any action that will interfere with or disrupt the Service. iMemories will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. iMemories may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that iMemories has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

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Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you. All items purchased through iMemories are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, iMemories will charge you for the entire amount of your order. iMemories reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and iMemories with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of iMemories to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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