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.
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
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
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.
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
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
information solely for its own use and may use such information to provide you
information regarding its products and services.
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.
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.
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
- 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
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.
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:
Attn: Copyright Protection
PO Box 1839
St. Cloud, MN 56302-1839
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
- 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.
Contact Creative Memories Customer Service at 877-932-8419 for
To download a Returns form,
(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.
A member who has become inactive is defined as follows:
- Digital Center Account is older than 365 days
- No order activity on account for 365 days or more
- Account does not have a prepaid print plan balance
- Account does not have Product Credits available
- Account does not have a free print balance
- Member Is not an active Consultant Account
- User has not shared an image, album or project for 365 days or more