Terms of Service
(Updated November 2016)
Welcome to iMemories! We hope you find our service to be easy and fun.
We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be posted on the website and we will change the "updated" date on this page to reflect the date of the modification. Please check back periodically. You will be notified via e-mail and/or prominent notice on our website for 30 days of any material change in these Terms. In addition, when using particular products and services, additional policies, guidelines, rules, and terms may apply, which are hereby incorporated by reference into these Terms.
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. You shall be responsible for all use of the Service under your username and password. You further agree to (a) immediately notify iMemories of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Subject to and conditioned upon your compliance with these Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, 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 (other than your Submissions), 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 or any portion thereof for any commercial purpose without the written consent of iMemories.
While using the Service, you agree not to:
We may suspend or terminate your access to and use of the Service immediately if you fail to comply with the above terms.
You may submit certain material to iMemories, including without limitation, personal videos and photos, both in analog 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, a potential violation of these Terms of Service, 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 your access to the Service and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties.
You hereby grant to iMemories and its third party providers and designated agents and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, 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 waive any such moral rights.
All Submissions received by iMemories in analog format ("Originals") will be shipped back to you after the Service has been completed. Return shipping of your Originals will be charged as part of your order. iMemories does not destroy Originals.
Neither iMemories nor its third party providers shall be liable to you for any modifications, suspensions or discontinuance of the Service.
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.
Some or all of your Submissions may be shared by you with others through the iMemories web application or mobile applications. Please note that when you share Submissions, you allow the recipients to share the Submissions with others, add them to their own accounts, and make copies of the Submissions.
iMemories is committed to protecting copyrights and expects users of the Service to do the same. You declare that all Submissions are not in violation of any rights of any third parties, including intellectual property laws. You will indemnify and hold iMemories and its third party providers harmless in respect to any claim of violation of a third party’s rights or intellectual property laws. The Submissions were either created by you or you have the permission of the intellectual property owner to duplicate them.
If you do not own the copyright, a copyright release form is available by contacting iMemories at 800-845-8199 or firstname.lastname@example.org 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.
iMemories abides by the federal Digital Millennium Copyright Act ("DMCA"). If you believe that a Submission is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you believe that a Submission you posted to the Service has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
ATTN: DMCA Complaints
9160 East Del Camino Drive, Suite B1
Scottsdale, AZ 85258
Fax: (480) 767-2511
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with iMemories' rights and obligations under the DMCA and do not constitute legal advice. iMemories will remove the infringing Submission. Where applicable, iMemories will comply with the procedures outlined in the DMCA.
Your account will be terminated if, at iMemories’ sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
a. Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format (including section numbers):
If Submissions that you have posted to the website have been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format (including section numbers):
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.
Access to Your Account
You can allow other people to view selected content in your account through iMemories online share feature. The people you invite to view your content through online share will be able to see the content you have selected for them and will not have access to your entire account.
We need to be able to access your account for the following reasons:
Web Addresses (URLs)
As part of iMemories sharing service, iMemories may provide users with access to and use of pages on the iMemories website 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.
Links to Third Party Sites
Third Party Service Providers
From time to time, iMemories may partner with various third parties to provide additional functionality and/or alternate access to your Submissions available on the Site, or related to the App ("Third Party Functionality"). Such Third Party Functionality may be subject to additional terms and conditions which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third party terms and conditions with respect to the Third Party Functionality. You acknowledge and agree that such Third Party Functionality may be terminated by iMemories at any time for any reason without any right of refund of any fees paid. While iMemories will make reasonable efforts to notify you before terminating any such Third Party Functionality, failure to so notify will not be breach of these Terms.
Canceling the Service
If you violate any of these Terms, your permission to use the Service will terminate automatically. If your account is canceled or discontinued, iMemories will delete any Submissions, including digital videos and photos stored in your account.
Through the Service you may elect to purchase movie film, videotape, or phototransfer services (the "Transfer Service"). If a customer is not satisfied with a Transfer Service 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.
During the term of your subscription, iMemories grants you a revocable, limited, non-transferable right to access the Service, solely in connection with your Submissions. Except for such limited right to access the Service, iMemories and its licensorsand third party providers retain all right, title and interest in and to the Service, all copies thereof, and all proprietary rights therein, including without limitation copyright, patent, trademark and trade secret rights. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the Service. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Service or any access to the Service, or directly or indirectly permit any third party to copy the Service. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the iMemories Service. You acknowledge that iMemories may amend or set new limits to bandwidth or storage limitations as needed to help maximize the operation and availability of iMemories’ services and to prevent abuses. iMemories reserves the right to monitor and to identify excessive use of network resources and to take technical action or other remedial measures as iMemories deems appropriate to maintain a fair level of service for all members. An alternate pricing or hosting plan may be suggested should your Submissions use bandwidth or storage in an amount considered excessive by iMemories during any given time period. In such case, we reserve the right to transfer you at any time to a more appropriate service plan in our discretion.
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. iMemories is not liable for any Submissions or other materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. While you remain liable for any misdirected, lost, stolen or damaged materials while in transit with the carrier, iMemories does offer a GPS Tracking option to help minimize the risk of such losses.
Gift cards and/or gift certificates are not redeemable for cash and cannot be returned for a cash refund. iMemories is not responsible for lost or stolen gift cards or gift certificates. If any order exceeds the value of the gift card or gift certificate, the balance of the order must be paid with a credit card at the time of order.
iMemories Service 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 Service are and will remain the exclusive property of iMemories. The Service is 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 website. You may not use the Service on, or in connection with, any other website, for any purpose.
If you are using the Service through the App, you hereby acknowledge that iMemories may, in its sole discretion, remove functionality from the App, or disable access to the App.
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.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party 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 (ii) any images, video or other content you post to the website or submit through the Service; and/or (iii) a claim that a Submission infringes third party intellectual property rights.
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 state of Arizona, located in Phoenix, Arizona.
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.
Disclaimer of Warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH IMEMORIES’ WEBSITE OR THE APP 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 AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM 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, TITLE AND NON-INFRINGEMENT. IMEMORIES MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE SERVICE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMEMORIES AND ITS THIRD PARTY PROVIDERS MAKE 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 THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMEMORIES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IMEMORIES NOR ITS THIRD PARTY PROVIDERSBE 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’ SERVICE, FROM ANY CHANGES TO THE SERVICE, 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 AND ITS THIRD PARTY PROVIDERSARE 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.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO IMEMORIES, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. FURTHER, IMEMORIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF IMEMORIESAND ITS THIRD PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE 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, YOU REQUEST THE TRANSFER SERVICES DESCRIBED IN ANY ORDER ASSOCIATED THEREWITH. YOU AGREE THAT THE LIABILITY OF IMEMORIES, ITS THIRD PARTY PROVIDERS, AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR 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. YOU ALSO AGREE THAT IMEMORIES, ITS THIRD PARTY PROVIDERS, AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.
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 customers' 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.
Send a message to email@example.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).
The systems, services, and products, or portions thereof that form part of the Service, 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 website 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.
We may assign our rights and responsibilities hereunder without notice to you. 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.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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.