TERMS OF SERVICE
(Updated December 2018)
Before you begin using a MemorialPics website, please read the following Terms of Service ("Terms") carefully. These Terms govern your access to and use of any MemorialPics website, including functionality available through MemorialPics websites which may be provided by third party providers.
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. 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.
You may submit certain material to MemorialPics, including without limitation, personal photos, as part of your use of our services.
Under these Terms, you agree that you will NOT submit any of the following materials:
Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable.
Any material sent from an anonymous or false address.
Any material that promotes bigotry, racism, hatred or harm against any individual or group.
While MemorialPics is not responsible for, and does not review or comment on the content of submissions provided by users, MemorialPics 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 MemorialPics deems necessary relating to use or misuse of the service. MemorialPics may request confirmation of the copyright or trademark ownership from the submitter. If MemorialPics does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, MemorialPics reserves the right to share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties.
You hereby grant to MemorialPics 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 services. 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.
MemorialPics is committed to protecting copyrights and expects users of its services 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 MemorialPics 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.
MemorialPics 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. Your written notice should be sent to our designated agent as follows:
ATTN: DMCA Complaints
12790 FM 1560 N #832
Helotes, TX 78023
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 MemorialPics' rights and obligations under the DMCA and do not constitute legal advice. Where applicable, MemorialPics will comply with the procedures outlined in the DMCA.
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):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
Links to Third Party Sites
As stated during the product customization process, the ceramic printing process does not allow MemorialPics to accurately reproduce bright red, hot pink, and purple colors at this time. All other colors are also manually modified and may not match 100% accurately the colors of the original submission. MemorialPics does its best to reproduce colors as accurately as possible, but almost all photos contain small variations from the original.
If a user deems the reproduction of colors, excluding reds, pinks and purples, to be unsatisfactory they can submit their compaints to firstname.lastname@example.org. MemorialPics at times may chose based on its own discretion to re-make products for its users at no charge to them. MemorialPics also reserves the right to refuse to re-make products for any person and is not obligated to provide refunds or exchanges.
As stated during the product customization process, all finished products are printed at 300 dpi and it is the full responsibility of the user to ensure that the image used is of sufficiently high resolution for the size and shape of product desired. MemorialPics is not liable for low-resolution images provided by users and is not obligated to provide refunds or exchanges for such. If more information is needed, please contact email@example.com.
As these are custom products, there are no returns or free replacements for reasons other than those stated above. However, if the picture arrives damaged, promptly notify us and we will send you a replacement at no charge.
All items purchased through MemorialPics sites 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. MemorialPics is not liable for any orders 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, or stolen or materials while in transit with the carrier, MemorialPics does offer a tracking option to help minimize the risk of such losses and if the picture arrives damaged, promptly notify us and we will send you a replacement at no charge.
Disclaimer of Warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH MEMORIALPICS WEBSITES 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, MEMORIALPICS 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. MEMORIALPICS 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. MEMORIALPICS 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 MEMORIALPICS 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 MEMORIALPICS NOR ITS THIRD PARTY PROVIDERS 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.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR PRINTED IMAGE TO MEMORIALPICS, 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, MEMORIALPICS 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 MEMORIALPICS AND 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 MEMORIALPICS 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 MEMORIALPICS, YOU REQUEST THE SERVICES DESCRIBED IN ANY ORDER ASSOCIATED THEREWITH. YOU AGREE THAT THE LIABILITY OF MEMORIALPICS, ITS THIRD PARTY PROVIDERS, AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR PHOTO PRINT OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. YOU ALSO AGREE THAT MEMORIALPICS, 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 MemorialPics, 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:
Unsolicited ideas submitted to MemorialPics LLC or any of its employees automatically become the property of MemorialPics LLC
By submitting unsolicited ideas to MemorialPics LLC, you automatically forfeit your right to the intellectual property of any of these ideas.
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 MemorialPics LLC or its employees.
Send a message to firstname.lastname@example.org 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 MemorialPics in order to evaluate your concept(s).
We may assign our rights and responsibilities hereunder without notice to you. When you place an order, MemorialPics will charge you for the entire amount of your order. MemorialPics reserves the right to ship partial orders (at no additional cost to you).
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 MemorialPics with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of MemorialPics to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.