Copyright Statement, Release and Legal Terms and Conditions
By signing below, client agrees to all terms and conditions herein and agrees to pay the estimated charges with at least a 60% non-refundable deposit (and/or monthly payments that accumulate up to 60 % of the total cost) for all services described in the order form. Client agrees to pay the full balance including any and all additional agreed upon charges accumulated throughout the Memvio process in regards to: custom scrapbooking, picture videos, duplication, digitization and conversion of media and all materials, and/or other services relating to, the media/material submitted:
Copyright Statement and Release
I represent and warrant and I agree to indemnify and hold harmless Memvio LLC, and Memvios’ officers, owners, agents and employees, of all legal responsibility, including costs, fees, judgements, awards, damages, and reasonable attorney fees, with respect to any legal action, actual or threatened, that arises from scrapbooking, picture videos, duplication, digitization or conversion and other services relating to the media/material submitted with my order. The media/material itself and Memvios’ processing thereof as requested does not and will not infringe upon any third-party copyright, trademark, trade secret, patent, or other intellectual property right, or right of privacy or publicity.
I agree that at least one of the following copyright scenarios apply to my order and therefore the processing of my order can be fulfilled.
- I created the material and I have the right to permit Memvio, LLC to scrapbook, digitally produce, duplicate, restore, convert, transfer, edit and/or display the media/material, and to carry out any other activities with respect to the media/material as requested in my order; and/or
- I have verified that the media/material is in the public domain and can be freely scrapbooked, digitally produced, duplicated, restored, converted, transferred, edited and displayed as requested in my order; and/or
- The media/material is protected by copyright, and I have written permission from the copyright owner or agent of the owner that allows Memvio to scrapbook, digitally produce, duplicate, restore, convert, transfer, edit and display the media/material, and to carry out any other activities with respect to the media/material as requested by my order; and/or
- I am requesting to scrapbook, digitally produce and/or duplicate the content under the “Fair Use” principle: a) I legally own the media/material (not borrowed or illegally acquired), b) I am unable to find a DVD or other digital format after sincere good faith attempts and c) the sole purpose for the digital transfer is to protect my continued right to the content for now and for the future and d), I have determined that my duplication of the media/material is clearly within and allowed by the “Fair Use” principle. The new digital format will have the same intent and value as the original as is my personal copy for non-commercial usage.
Limitation of Liability: I agree that Memvio, and Memvios’ officers, owners, agents and employees, shall not be liable to me or any third party or entity for the quality of the media/material submitted and/or any loss or damage of any kind or nature to the original media/material, whether direct, incidental, consequential, or otherwise. I agree to indemnify and hold harmless Memvio, and Memvios’ officers, owners, agents, and employees, from and against all losses, damages, expenses, liabilities, claims, awards, fees, reasonable attorney fees and legal demands whatsoever arising in connection with the services I have asked Memvio to provide, with respect to the media/material of my order. I further agree that in the event of any dispute arising hereunder, the parties shall bear their own attorney’s fees and costs. I agree that all disputes shall be resolved by arbitration and that the only remedy and/or damage available to me for Memvio services is at most Memvios’ willingness to re-print media/materials I submit— if my media/material is lost and/or damaged due to unforeseen circumstances—I do understand that in order for Memvio to be able to complete this remedy (originals or copies of original media/materials must be available to Memvio for re-printing purposes. I fully understand the risk I will be taking if I send Memvio my only copy and/or my originals of my media/materials. I understand to date, Memvio has not lost or damaged any submitted media/material of past clients and I understand Memvio does everything they can to successfully track, digitize, duplicate, process and return all media/material submitted. I waive all potential damages, claims, costs and attorney fees and understand NO REFUNDS are offered or given for any Memvio services.
If shipping is involved in my project, I understand that Memvio is not responsible for late, lost, damaged or misdirected mail, and hold Memvio and Memvios’ officers, owners, agents, and employees, harmless for damage or loss during shipping. Memvio accepts no responsibility for the transport of my original media/material to and from their facility and are NOT liable, and will not cover the cost of lost, late or misdirected mail, USPS, UPS, DHL or FedEx shipments to and from their offices.
Warranty of Services: I understand that before an order leaves Memvio, all digital files and related storage media are checked to make sure they are error-free. However, if I discover a problem with any service Memvio provided, or am unhappy with my order in any way, I understand I need to contact Memvio within 14 days. Within that time frame, the digitization services described are 100% guaranteed and Memvio will work to resolve problems to my satisfaction and replace or repair files and storage media/material in question FREE of charge, and will return those items to me FREE of charge. If I do not contact Memvio within 14 days of receiving my finished digitization project, I understand my project files may be deleted. After files are deleted, I understand charges would apply to create files again. If I would like my files held longer than 14 days, I agree to pay a storage fee of $1.00/GB/month. I am responsible for the cost to return any damaged/defective merchandise. Because of the ease of duplication of my project, I understand that Memvio does not issue digitization service refunds. I also understand that the quality of my final product is limited by the quality of my originals. I understand that storage devices purchased from Memvio may be separately warrantied by the manufacturer, and in that case, I am responsible for contacting the manufacturer directly regarding damaged or defective devices.
REGARDING HANDLING/DESIGNING PROCESS OF PHOTOS/KEEPSAKES/MEMORABILIA
Traditional Scrapbooking: All items to be included in the scrapbook/album are to be adhered/mounted in an archival-quality album, using only photo-safe adhesives, papers, accents, pens, etc. I understand that only those products labeled by reputable companies will be used; and therefore, any resulting damage from defective products are not the liability of Memvio or Memvio’s; owners, partners, employees, contractors or consultants. Unless otherwise specified, photos and memorabilia will be mounted in the album using “photo-safe” and/or “acid-free” adhesives that are considered permanent. While it may be possible to remove photos, it is not recommended, as damage to the photos will likely occur. Unless otherwise specified, photos & memorabilia may be cut (cropped) or altered during the creative process. Sometimes during the creative process, it is more pleasing for the final layout design if unnecessary backgrounds or objects are eliminated from photos in order to draw focus to the subject of the photograph. Professional portraits will not be cropped. Embellishments may also be placed directly on photos.
Picture Video & Scrapbooking: In the unlikely event that photos and/or memorabilia provided are damaged by fire, flood, earthquake, hurricane, tornado or other unavoidable disaster (including, but not limited to, theft or auto accident) while in our possession, Memvio and its owners, partners, employees, contractors or consultants will only be liable for the cost of reprinting lost photos if possible. (i.e. if negatives, originals or digital photos are available). I understand that if the photos and memorabilia are irreplaceable (no negatives, originals, copies or a digital backup exist) it will not be Memvio’s nor its owners, partners, employees, contractors or consultant’s liability or responsibility in any way, nor will I take any recourse. By choosing to not take the time to scan/digitize a copy of my media—I fully understand my risk. I understand that in retaining Memvio I have hired a creative, professional picture video and scrapbooking company because of its creative expertise. By signing the terms and conditions, I give Memvio full creative authority to layout, display, honor, crop and adhere my photos and memorabilia as they see fit.
REGARDING PROJECT COSTS
Due to the fact that all services Memvio offers is considered “custom” and creative, Memvio DOES NOT OFFER ANY REFUNDS. Memvio requires a nonrefundable deposit of 60% of the Estimated Cost of all services. This deposit will be applied towards the cost of the specified project. I understand that Memvio will obtain my permission if it becomes necessary for the project cost to exceed the agreed upon amount before any additional work is performed that results in additional charges. When the project is complete, I understand that I will be notified and the remaining cost of the project will be due before any completed services picture video, scrapbook (album), or digital work is shipped. Any unused photos or memorabilia will be returned with the completed picture video and/or scrapbook (album).
Memvio will notify you of the final return shipping costs, including insurance— prior to submitting your final invoice. All final invoice’s must be paid in full, including insured shipping prior to shipping. Memvio will ship your Memvio, picture video, scrapbook (album), completed digital services through a reputable mailing service (United States Postal Service, United Parcel Service or Federal Express). Memvio will email you with a tracking/confirmation number. Memvio will ship your picture video and/or scrapbook (album) registered and insured for the cost of the project, with proof of delivery required. I understand that Memvio is only responsible for obtaining shipping insurance, and that the shipping company/agent will be liable in the event that an album is lost and/or damaged during shipment. I understand that in the event of damaged and/or lost items, I must deal directly with the company/agent of the company that the items are shipped through. I will not hold Memvio liable, nor take any recourse in the event of lost and/or damaged items and/or picture video and/or scrapbook (album(s)).
Picture Video & Scrapbooking: I have filled out and submitted the Memvio Order Form with all pertinent, detailed information and cost total(s)– regarding my custom Memvio picture video and/or scrapbook (album) or digitization order. I understand, I will receive a Memvio confirmation email within 72 hours of Memvio receiving this client terms and conditions, order form submission and deposit. As a client of Memvio, I understand and agree to the terms, conditions, and fees of this Order Form. Any modifications of this Memvio Order Form will be specified in a written Addendum to this order via: email, fax, or US mail. I also realize that modifications may result in additional cost(s), which would be specified in the addendum via: email, fax, or US mail.