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Terms of Use
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WEB SITE LEGAL NOTICE
User restrictions, disclaimer of liability and copyright notice
The information ("information") contained in the Creative Memories
Internet Web Site (the "site"), and accessible by you, the user ("you"),
is provided solely for information purposes and is not warranted or
guaranteed in any way. By using this site, you agree to the following
terms and conditions.
Creative Memories reserves the right to modify the Terms &
Conditions from time to time. Also, Creative Memories may
terminate or suspend any account if the account holder violates any
section of the Terms & Conditions.
User restrictions
By using, accessing and/or downloading the information contained
on this site, you acknowledge that it is your duty to NOT store,
reproduce or otherwise make use of information in a manner that is in
violation of any federal, state or local laws or regulations, including
any copyright, secrecy, defamation, decency or export laws.
You are authorized to view, download and print any information on
the site, solely for your own personal and noncommercial use, subject
to all copyright, trademark and other proprietary notices.
Disclaimer and limitation of liability
In no event shall Creative Memories or its parent company, The
Antioch Company ("Creative Memories"), be liable to anyone for any
delays, inaccuracies, errors or omissions with respect to the
information or the transmission or delivery of all or any part thereof,
for any damage arising therefrom, or the results obtained from the use
of the information.
Creative Memories does not warrant or guarantee the accuracy,
adequacy, quality, timeliness, validity, completeness, or suitability of
any information for any purpose whatsoever. Creative Memories does not
warrant or guarantee that any information will be free of infection by
viruses, worms, Trojan horses or any other contaminating or destructive
properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE MEMORIES WILL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CREATIVE MEMORIES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE
SERVICE.
The entire risk as to the quality and performance of this site and
the accuracy, adequacy, completeness, timeliness, validity and quality
of any information is with you.
Copyright/trademark notice
All Creative Memories trademarks are protected by U.S. Patent and
Trademark Law and International Trademark and Intellectual Property Laws
and Treaties. Unauthorized use of these trademarks is strictly
prohibited. All other trademark, company names or company logos, as used
or referenced in the Website, are the property of their respective
owners.
All site design, text, layout, graphics and the selection and
arrangement thereof, Copyright© 2009, Creative Memories, ALL RIGHTS
RESERVED. You are authorized to view, download and print portions of the
site solely for your personal and noncommercial use. Any other use of
materials on this site, including: (1) reproduction, except as
authorized herein; (2) modifications; (3) distributions; (4)
republication; (5) transmission; (6) re-transmissions; (7) or public
showing, without the prior written permission of Creative Memories, is
strictly prohibited.
You may not remove or obscure the copyright notice or other notices
contained in information or products retrieved from this site.
Idea submission statement
Any ideas, proposals, and/or other information submitted or
collected on this site shall be considered non-confidential. By
submitting information to this site, or directly to Creative Memories,
you agree that Creative Memories shall not be under any obligation of
confidentiality or non-use, express or implied, with respect to any
submissions, and Creative Memories may disclose or use any submission
for any purpose whatsoever, at its sole discretion, with no obligation,
express or implied, to compensate or work with the person or entity that
supplied the information, idea and/or proposal in any manner.
Governing law
The site is controlled by Creative Memories from its office in the
state of Minnesota. Although the site may be accessed from all 50 states
and numerous other countries, you, by accessing this site, hereby agree
that the laws of the state of Minnesota, without regard to its
conflicts of laws principles, will apply to all matters relating to the
use of this site and any of the information contained therein.
Privacy statement
Creative Memories is committed to safeguarding your privacy online.
Accordingly, Creative Memories will not disclose, distribute, sell or
rent any of your personally identifiable personal information to any
third party, except as otherwise described in the Privacy Policy.
Creative Memories may collect information solely for its own use and may
use such information to provide you information regarding its products
and services.
Linking
Linking to the Creative Memories Sites is permissible, provided that
the link is only to the Creative Memories Sites home page, you do not
remove or obscure, by framing or otherwise, the copyright notice in the
site, you provide notice of such link to Creative Memories Sites, and
you discontinue providing the link if notified. Any links to external
Web sites contained in the site are not under the control of Creative
Memories, and Creative Memories is not responsible for the content of
any linked site.
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Indemnity
You agree to indemnify Creative Memories and its associate companies,
officers, directors, employees, agents, licensors, suppliers and any
third-party information providers to the Creative Memories Sites
from any claim or demand, including reasonable legal fees, made by
any third party due to content you submit or transmit through the
Creative Memories sites, your use of the Creative Memories sites,
your violation of these Terms & Conditions, or your violation of
any rights of another.
General
These Terms & Conditions constitute the entire agreement between
Creative Memories and you with respect to your use of the Creative
Memories Sites. Any modifications to the Terms &
Conditions will apply to you if you continue to use the Creative
Memories Sites after adopted. Creative Memories failure to
exercise or enforce any right or provision of the Terms &
Conditions shall not constitute a waiver of such right or
provision. If any provision of the Terms & Conditions is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties €™ intentions as reflected in the provision, and the other
provisions of the Terms & Conditions remain in full force and
effect.
Use of the Creative Memories Sites
You may not use the Creative Memories Photo Center Service for the following purposes:
- a. To upload, store, share, print or communicate any images
or materials that are obscene, pornographic, vulgar, abusive,
threatening, profane, an invasion of privacy or publicity rights,
illegal or otherwise objectionable;
- b. To upload, store, share, or print any images that you do
not have the right to disseminate under any rights of privacy,
publicity, or copyrights without express permission of the owner of
these rights and the consent of the individuals depicted in the
images;
- c. For any purpose that is unlawful or deceptive or to
encourage conduct constituting criminal behavior, including to harm
minors in any way;
- d. Any use of materials that contains destructive codes
such as viruses, worms or any other programs designed to damage or
provide unauthorized access to the Creative Memories Photo Center
Service which may cause defect, disruption, or malfunction of the
Creative Memories Photo Center Service;
- e. Any unsolicited junk mail or other activity that may
interfere with or disrupt the Creative Memories Photo Center Service
or the networks through which you access and use the Creative
Memories Photo Center Service;
- f. And provide any false or misleading information regarding your identity or address.
Creative Memories will decide at its own discretion whether your
actions have violated any of the provisions set out in the Terms
& Conditions, which may result in termination of any of your
Creative Memories Sites accounts. Creative Memories may also
refuse to fulfill any order or part of an order if to do so may be
illegal, may breach the Terms & Conditions, may violate the
rights of any third party or is otherwise objectionable to Creative
Memories. You agree that we are not liable to you or any third
party for any such non-fulfillment. Creative Memories
disclaims any liability for the content of any submission.
Although Creative Memories employs a back-up system, you are
responsible for storing back-up copies of images uploaded.
Copyright Interest
Creative Memories respects the copyright interests photographers
have in their work. Every account holder is required by United States
law to own the images they upload and print. If you feel
that your proprietary interests have been violated through use of the
Creative Memories Photo Sites, please contact us at the following
address with the applicable circumstances:
Customer Service
Attn: Copyright Protection
Creative Memories
PO Box 1839
St. Cloud, MN 56302-1839
Email: fieldservices@creativememories.com
By expressly sharing your images with others, you are granting
permission for the recipients to share and print your copyrighted
work. For the purposes of providing you with any requested
Creative Memories Sites you grant Creative Memories a non-exclusive,
royalty-free license to use, copy, distribute and display your
images.
Signing Up & Account Maintenance
To create a complimentary Creative Memories Sites account you must
be 18 years or older. You will be required to provide
personal contact information when creating a Creative Memories Sites
account. All contact information provided must be complete and
accurate, and you are responsible for keeping such information
current. You have sole control of your account with a personal
password that you produce when signing up. You are
responsible for keeping your personal password secure and
confidential. From time to time Creative Memories may need to
access your account for maintenance purposes, to enhance its Creative
Memories Sites Services, or to comply with a legal request.
Pricing & Shipment
All prices displayed are correct at the time they are posted, and
prices displayed at the time of the order will prevail. You
bear the risk of loss and title on all products shipped to you,
pursuant to placing an order, when Creative Memories delivers your
order to the carrier. Creative Memories will deliver to the
address you specify to Creative Memories at the time you place your
order. Any delivery dates specified are intended to merely be
estimates.
Return Policy and Warranty
Creative Memories guarantees the quality of our product.
This guarantee does not apply when not used in accordance with
enclosed instruction, or in cases of misuse or abuse.
While we try to provide the highest quality product, there are
certain situations Creative Memories can't control. Therefore,
Creative Memories warranty does not cover the following:
- a. Any errors in spelling, punctuation or text accuracy
entered by you. Please be sure to preview your text carefully
prior to placing your order.
- b. Poor quality images resulting from the use of low-resolution or substandard images.
- c. Errors in user-customizable features including, but not limited to, enhancements, sizing and cropping.
- d. Sequence of pages are out of order and you requested that sequence.
When subjected to normal use, the following carries a 30 day
guarantee against manufacturer defects from your date of
purchase:
When subjected to normal use, the following carries a one year
guarantee against manufacturer defects from your date of
purchase:
- Tools and Accessories
- Softcover StoryBooks
- Hardcover StoryBooks
- My Memory Archive CDs
Traditional albums, pages and protectors have a lifetime
manufacturing defect warranty. If any component of your
album proves defective, repair or replacement with the same or
equivalent album or album part will be made without charge.
Returning Product
Contact Creative Memories Customer Service at 877-932-8419 for returns/replacement processing.
To download a Returns form, click here.
(If you do not have Adobe Acrobat, click here to download it.)
Creative Memories Return Department
3001 Clearwater Road
PO Box 1839
St. Cloud, MN 56302-1839
Inactive Accounts & Termination
An active member is defined as someone who has purchased
product at least once within a period of 365 days. If a
member chooses to become inactive, Creative Memories may terminate the
membership/account and remove all information, communications,
postings, albums, image files or any other content within the
Creative Memories Sites. |
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