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Terms & Conditions
Last Updated: June 1, 2009
NOTE: MemoryEscape.com is a free service. The following conditions are enforced to ensure the trouble free operation of the software for everyone. Members that violate these terms will have their Photos and associated product designs deleted without prior notice. Users should keep a back up copy of all of their photos on their local computer. We hope you enjoy using Memory Escape.
NOTE: MemoryEscape.com is a free service. The following conditions are enforced to ensure the trouble free operation of the software for everyone. Members that violate these terms will have their Photos and associated product designs deleted without prior notice. Users should keep a back up copy of all of their photos on their local computer. We hope you enjoy using Memory Escape.
Please click here to read our Privacy Policy.
1. TERMS OF MEMBERSHIP.
To remain a member of Memory Escape's Free Service you must remain in "Good Standing".
Good Standing is defined as successfully completing any purchase of prints, photo gifts, cards,
posters, books and calendars.
NOTE: Qualifying transactions include any of the special promotions or discount offers we have provided.
Members who remain in good standing receive UNLIMITED PHOTO STORAGE on their Memory Escape account.
Members who remain in good standing receive UNLIMITED PHOTO STORAGE on their Memory Escape account.
2. UNACCEPTABLE CONTENT.
Memory Escape is a service for printing personalized photo products. Memory Escape will delete your account
along with all images without prior notice if you use Memory Escape for the following:
a. COPYRIGHTED MATERIAL Transmission, storage, or distribution of any information, data, or material in
violation of any applicable law or regulation is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws.You represent and warrant that you own or otherwise control all of the
rights to the media that you post; that you have received all proper permissions and/or releases
relative to all media that you post; that use of the media you store in any public album does not
violate these Terms of Service and will not cause injury to any person or entity; and that you will
indemnify Memory Escape for all claims resulting from Media you supply.Memory Escape has the right
but not the obligation to monitor and edit or remove any activity or media. You understand and agree
that Memory Escape takes no responsibility and assumes no liability for any media posted by you or
any third party.
In other words, if you post photos, you agree that you own the rights to the media or have
permission to post them, and that you are not violating the rights of another photographer,
producer etc.
b. NON-PHOTO IMAGE DISTRIBUTION: To store and/or display non photo images for distribution; this
includes, but is not limited to; game screen captures, movie screen captures, wallpapers, tags,
anime, animated .gifs, buddy-icons, avatars, emoticons, and signatures (sigs).
c. HATE:> Blatant expressions of bigotry, racism, hatred, or profanity;
d. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal
activities; this includes, but is not limited to, instructions for the building or use of weapons,
propagation of "spam" email and/or computer viruses, or any material that infringes the
intellectual property rights of third parties;
e. ILLEGAL MATERIALS Anything illegal including, but not limited to, illegal software, warez or
hacked software, serial numbers, mail fraud, or pyramid schemes;
h. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;
f. DEFAMATORY: Material that could be considered defamatory or libelous, to other persons, institutions or companies;
g. EXPLOITATION OF CHILDREN: Material that exploits children;
h. COLLECTION OF PERSONAL INFORMATION: Material which attempts to collect personal information
about users;
3. ACCOUNT ACTIVITY.
Your account should be active - that is, it is either receiving visitor traffic or is being
updated/posted to on a regular basis. Sites that either receive no visitor traffic or are not
updated for a period of 365 days will be considered 'inactive' and may be removed by
Memory Escape to make room for other users.
4. DIRECTLY EMBEDING IMAGES.
Please note you cannot directly embed photos into other websites.
To embed photos you may ONLY use the pre-created code provided by Memory Escape. You are
provided with code to a single photo, album slideshows, badges and links. However, you
cannot directly insert, or link directly to, the photos themselves. Should you attempt to
directly embed photos you will see the Memory Escape logo instead. Accounts that are determined
to be in violation of this condition shall be subject to suspension and/or removal, at the
sole discretion of Memory Escape.
5. DIGITAL PHOTO STORAGE.
As long as you are a Member in Good standing, Memory Escape, offers free, unlimited storage of
your online photos. There is no limit to number of digital photos you can upload.
6. ALLOWABLE PHOTO TYPES.
The following types of image files are allowed in your account:
* .gif (CompuServe Graphics Interchange format)
* .jpg/.jpeg (JPEG format)
* .png (Portable Network Graphics format)
Any other files located by Memory Escape will be automatically deleted.
Any other files located by Memory Escape will be automatically deleted.
7. PHOTO FILE SIZE RESTRICTIONS
The maximum individual file size is 20MB. Any individual photos
exceeding this limit located by Memory Escape will be automatically deleted.
8. CONTENT LANGUAGE.
The textual content of your account must be entirely or predominantly in one of the following
languages: English, Spanish, German, Italian, French, Dutch, Flemish, Norwegian, Portuguese,
Catalan, Danish, Swedish or Finnish. Accounts that do not satisfy this criterion may be removed
at Memory Escape's discretion.
9. FEES, PAYMENT AND TERM.
Creating Photo related products on Memory Escape is Free. However, there will be fees charged for
the manufacturing of your custom photo product.
10. REFUNDS, REPRINTS AND RETURNS.
Memory Escape cannot, and does not, check any submission for spelling, grammar, or any
other errors. The design will be printed as it appears during the design process. It is the
sole responsibility of the customer to ensure that all materials submitted for printing are
formatted correctly.
Production errors that occur during production process qualify for a free reprint and shipping.
The customer must notify customer service of their defective product within 30 days of receiving
their order in order to receive compensation. Memory Escape will provide a prepaid return label so
the customer can return their defective product.
Customer errors can occur when the customer uses the wrong photos, low resolution photos like
those that come from cell phones or when typing or spelling errors occur. First time errors qualify
for a free reprint plus a prepaid return label. The customer must notify customer service by email
at service@memoryescape.com of their defective product within 30 days of receiving their order in
order to receive compensation. Memory Escape will provide a prepaid return label so the customer
can return the full product.
For any additional customer errors, customers will need to pay 50% of the cost of the
defective product, shipping and handling fees, and must send back the defective product at their
expense. Memory Escape may permit the customer to correct their error and reprint the original order
at 50% of the cost for each reprinted item. In such event, customer will be responsible for all
shipping costs. Payments will be made using Paypal. You will not be required to have a Paypal
account.
Customer errors include typos, incorrect file submission in accordance with our specifications,
duplicate orders, misunderstandings of turnaround time stated in our Terms of Service, slight color
variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and
folding tolerances within stated limits on the website, undeliverable packages/3rd delivery
attempts and orders returned without an RMA. Other errors that customers are responsible for
include blank pages or slots on a design, borders, incorrect image orientation, crop marks,
incorrect image orientation, hard to read text and images, missing logos, low resolution images,
images that are not full bleed, colors that are out of gamut, designs that are outside of our
stated file size and pixelated images.
If product is deemed defective due to the fault of Memory Escape, one of the following
resolutions will be offered:
A. If a reprint is requested, and the product is found to be defective, Memory Escape will
reprint at no charge to the customer with the same production and delivery terms extending from
the time of resolution. Samples may be requested prior to any action being taken; or
B. If a refund is requested, an RMA (Return Merchandise Authorization) will be issued via
email. Customers must contact a Memory Escape representative within five business days of
communication from Memory Escape's customer service representative to verify the request.
Memory Escape reserves the right to request and review samples of the claimed defective product
before issuing a RMA. If the product is found to be defective due to customer error, a RMA will
not be issued and a refund will not be authorized. If the product is found to be defective due
to an Memory Escape's production error, the product must be returned. The product must be
received by Memory Escape within 30 days after RMA is issued. Refunds will be processed only
after an RMA has been issued and the entire product has been returned to and reviewed by
Memory Escape.
Packages that are not returned within 30 days are subject to fees.
11. TURNAROUND TIMES.
Orders placed by 5pm PST on any business day will be shipped within 3-5 business days.
Any orders placed on non-business days and holidays will have the 3-5 day turnaround time start
on the next business day at 5pm PST.
12. SHIPPING TIMES.
Shipping is done through one of our shipping partners, United States Postal Service, or UPS.
Memory Escape cannot guarantee the services of our shippers. For information about the USPS or
UPS terms of service, please use the following links:
13. ACCOUNT INFORMATION.
As consideration for the Services, you agree to:
1. Provide certain current, complete and accurate information about you as required by the
registration process and
2. Maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account Information").
You hereby grant us the right to disclose to third parties as needed to maintain your services.
We do not share your information with third parties in an attempt to monetize your information
through advertising, Spam, or other devices that would compromise your trust in Memory Escape.
By submitting to this Agreement, you represent that the statements you have made here in are true
and you will not use our Services for any unlawful purpose. Please click here to read our Privacy
and Security Statement.
14. CANCELLATION.
If you would like to delete your Memory Escape account, you need to send an email from the email
address used to create your Memory Escape account by clicking here requesting that we delete your
account for you. Once you have cancelled your account, all images and content uploaded to your
Memory Escape account will be deleted and will no longer be available.
15. TERMINATION
Memory Escape may, in its sole discretion, terminate your Membership (or any part thereof) or your
use of the Service, and remove and discard any Content at any time, without notice, for any reason,
including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines
set forth by Memory Escape elsewhere on the Site, (ii) conduct Memory Escape believes is harmful to
other Memory Escape users, the business of Memory Escape, Affiliates, or (iii) failure to remain a
Member in Good Standing. Memory Escape will not be liable to you or any third-party for any
termination of your access to the Service.
16. BILLING DISPUTES AND BANK CHARGE BACKS.
All Bank Disputes and Bank Issued Charge Backs result in the complete cancellation of your account.
All Bank Disputes and Charge Backs are reported to the issuer's Credit Agency. Charge Backs
result in the forfeiture of all Memory Escape services. You will be charged a $40.00 reactivation
fee in order to reactivate your account after a Bank Charge Back.
17. SECURITY.
Violations of system or network security are prohibited and may result in criminal and civil
liability. Examples include but are not limited to the following: unauthorized access, use, probing,
or scanning of systems security or authentication measures, data, or traffic; interference with
service to any user, host, or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or
any part of the header information in an email or a newsgroup posting.
18. COUNTRY OF ORIGIN.
Memory Escape reserves the right to restrict access to our servers from areas of the globe with a
high level of abusive activity. These areas change periodically based on the origins of this
inappropriate activity. The current restriction applies to Belarus, Bosnia-Herzegovina, Bulgaria,
China, Egypt, Hong Kong, Indonesia, Japan, Malaysia, Moldavia, Morocco, Pakistan, Philippines,
Romania, Russian Federation, Saudi Arabia, South Africa, South Korea, Taiwan, Thailand, Turkey,
Ukraine, United Arab Emirates, Vietnam, Yugoslavia.
19. CUSTOMER CONDUCT.
You are solely responsible for the contents of your transmissions through Memory Escape. Your use of
the Memory Escape service(s) is subject to all applicable local, state, national and international
laws and regulations. You agree:
a. To comply with US law regarding the transmission of technical data exported from the United
States through Memory Escape;
b. Not to use Memory Escape for illegal purposes;
c. Not to interfere or disrupt networks connected to Memory Escape;
d. Memory Escape reserves the right to not honor any transactions that are not in good faith,
including, but not limited to, using any device, program, robot, Iframes, hidden frames, or
account duplication to defraud Memory Escape for Goods and Services. Multiple Leads from the
same individual, entity or IP address may be considered non-bona fide Transactions.
You shall not earn Points or Redeem Coupons or Free Prints for non-bona fide Transactions; and
20. ACTIONS TAKEN BY Memory Escape.
Your failure to meet or follow any of the Terms and Conditions set forth by Memory Escape is grounds
for account deactivation. Memory Escape will be the sole arbiter as to what constitutes a violation
of its Terms and Conditions. Memory Escape reserves the right to remove any account without prior
notice. When Memory Escape becomes aware of an alleged violation of its Terms and Conditions,
Memory Escape will initiate an investigation. During the investigation, Memory Escape may restrict
a customer's access in order to prevent further potentially unauthorized activity. Depending
on the severity of the violation, Memory Escape may, at its sole discretion, restrict, suspend, or
terminate a customer's web hosting account and/or pursue other civil remedies. If such violation
is a criminal offense, Memory Escape will notify the appropriate law enforcement authorities of such
violation. Should such violation take place, Memory Escape retains the right to communicate
personally identifiable information to other interested parties in connection with law enforcement
operations.
21. MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may:
(1) Revise the terms and conditions of this Agreement; and
(2) Change the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the revised Agreement or change to
the service(s) on our web site, or on notification to you by e-mail or regular mail as per the
announcements section of this agreement. You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or
regular mail as per the announcements section of this agreement. Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change in service(s), you abide by any such
revisions or changes.
To help you track the changes to our Terms and Conditions, the date of the material changes to our
Terms and Conditions will be noted here, Nov. 4, 2008.
22. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will we be liable for the
unauthorized use or misuse of your Account Identifier or Password. Please click here to read our
Privacy and Security Statement.
21. ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new products and
services offered by Memory Escape or 3rd Parties or other information to add security or to enhance
your identity on the Internet. By accepting these Terms and Conditions and by using
Memory Escape's Services you agree to receive these communications.
23. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to:
(1) Loss or liability resulting from access delays or access interruptions;
(2) Loss or liability resulting from data non-delivery or data mis-delivery;
(3) Loss or liability resulting from acts of God;
(4) Loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;
(5) Loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this
Agreement;
(6) Loss or liability resulting from the development or interruption of your Web
site or email service. You agree that we will not be liable for interruption of business, or
any indirect, special, incidental, or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no event shall our maximum
liability exceed one hundred ($100.00) dollars.
24. INDEMNITY.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including without limitation infringement by you,
or someone else using the E-mail Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may result
in termination of our Services to you.
25. NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to the registration, reservation, or
use of the domain name.
26. DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register for our Services is,
to the best of your knowledge and belief, accurate and complete, and that any future changes to
this information will be provided to us in a timely manner according to the modification procedures
in place at that time. You agree that your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the our e-mail service or that defects in the Services software
will be corrected. You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the our e-mail service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or loss of data that
results from the download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the e-mail service or any transactions entered into
through the e-mail service. No advice or information, whether oral or written, obtained by you
from us or through the e-mail service shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions
may not apply to you.
27. CONTENT COPYRIGHT.
All media and related content uploaded to Memory Escape are copyright of their owners. In other
words, your photos are owned by you. All other content is copyright (c)2008, Memory Escape will not
share your images unless instructed by you. Please note, when you share or make publicly viewable
a photo album, you allow recipients and viewers of that album to access and make photographic
prints from the images contained in that album.
28. CONTENT LICENSING.
Memory Escape does not claim ownership of content you submit or make available for inclusion on the
service. By submitting content to Memory Escape's service, you grant Memory Escape a royalty-free,
nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and
distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the particular service with which the user has chosen to have the content hosted and for publishing and promoting such content elsewhere within the Memory Escape Network. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with the particular Memory Escape service. In the event that such membership is terminated, Memory Escape will relinquish all rights to the user's content following the duration of any applicable promotional activities ongoing at the time the membership is terminated.