Terms and Conditions

MEMORIES FOREVER prides itself on taking great care in the handling of your photographs. Although it almost never happens, our customers must recognize that occasionally a photo or other medium may be damaged during the scanning process. Additionally, MEMORIES FOREVER will not be responsible for the loss of photographs occurring beyond our control, including, but not limited to, Acts of God.

Services. MEMORIES FOREVER is a scanning service. We will provide our services in digitizing photographic content (“Content”) provided by you (“Client”), and other services you may request, as detailed on the Pricing page (“Service”), and delivering the results of the Services. If we determine that we can not perform some or all of the Services for any reason, including due to the fragile or poor condition of Client’s Content, we will notify Client immediately and refund the applicable deposit that has been paid by Client. We will endeavor to deliver the Service by the estimated delivery date/time stated on the Customized Order Agreement, or as we might otherwise agree; however, we do not guarantee that the target delivery time will be met. Client agrees to ensure all Content is completely clean and free and clear of any dust, dirt, tape, staples, clips, stickers, grit, glue, or any other sticky residue, or anything that may inhibit the use of equipment used by MEMORIES FOREVER to complete the Service. Failure to follow this cleanliness guideline will grant MEMORIES FOREVER to have the option to take legal action against Client to pay for replacement of equipment and all legal fees associated with this action.

Payment of Service. Client agrees to pay 50% deposit upon the delivery of Client’s Content to MEMORIES FOREVER. Client also agrees to pay the balance due for the Service upon the delivery of the Service to Client. If payment in full is not obtained, Service will be held by MEMORIES FOREVER for a period of thirty (30) days after the previously agreed to delivery of Service. If a check is used for payment, or if a credit card is used for payment, and either of those payments fail to produce the amount requested for the payment, MEMORIES FOREVER will have the option to take legal action, whereby Client will then also be held responsible for all legal fees associated with the legal action, including legal representation for both the Client and MEMORIES FOREVER.

Content. For the sole purpose that MEMORIES FOREVER may provide and deliver the Service, Client hereby grants to us a limited, royalty-free license to copy and make derivative works of Client’s Content. Client agrees to allow MEMORIES 

FOREVER to select 1-5 photos, at random, to post on our Facebook page and/or website for the sole purpose of promoting our business. To protect Client and Client’s family, no names will be published with those select photos; we will share with Client the photos that have been selected for this purpose. Client represents and warrants that Client has all rights necessary to submit Client’s Content to MEMORIES FOREVER, and to grant us this license, and that our provision of the Service will not violate the rights, including copyrights, of any third party. MEMORIES FOREVER retains the right to reject, in whole or in part, any portion of Content that is believed to be threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate. MEMORIES FOREVER will not process Content that advocates illegal activity or harms minors in any way. MEMORIES FOREVER reserves the right to report to law enforcement authorities any Content that may be illegal, and will cooperate fully with law enforcement agencies in any resulting investigation.

Limited Warranty. We make no WARRANTY or GUARANTEE with respect to the quality of the Service. Client acknowledges that because of the quality loss that often occurs during the scanning and digitization processes, the quality of the Service may not be as good as the materials Client provides to us. Notwithstanding the foregoing, if Client has any concerns regarding the Service that do no relate to quality loss and Client communicates their concerns to us within thirty (30) days of receiving the Service, we will use reasonable efforts to resolve the matter. If we are unable to resolve the matter, Client’s sole and exclusive remedy will be a refund of the amount paid with regard to the specific matter. We disclaim all responsibility for, and this Limited Warranty does not apply to, any issues communicated to us following the expiration of this thirty (30) day period.

Limitation of Liability. Except for the Limited Warranty set forth herein, the Service provided to you is on an “as is” and “as available” basis. You use of the Service is entirely at your sole risk. We make no warranty that the quality of the Service will meet your expectations. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, except as expressly set forth in this Agreement.