TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. AS A USER OF THIS WEBSITE, CAPTUREMEMORIESINMOTION.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO TO THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES. IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT OUR TERMS OR SERVICE, PLEASE CONTACT US PRIOR TO PLACING YOUR ORDER.
The name and tagline, Capture Memories In Motion©, along with materials, content, and photographs on this site are protected by copyright and are the intellectual property of Capture Memories In Motion©, unless otherwise noted. You may not use them for personal use, and no portion of the information contained on this site may be copied, reproduced, displayed, distributed, uploaded, or altered in any manner without the prior written consent of Capture Memories In Motion©.
We will take all reasonable steps to supply the products in accordance with the description on the website but reserve the right to make minor variations in actual specifications.
Due to the nature of our custom products and services, Capture Memories In Motion© does not offer refunds. Customer has thirty days from the receipt of their order to contact Capture Memories In Motion© with concerns. If an error is made by Capture Memories In Motion, we will correct it if possible. We are unable to process corrections after thirty days.
Payment and Delivery Terms for Customers
Customer agrees to pay the amount due when the order is completed, upon receipt of our email notification or phone call. Payment can be made in cash upon delivery of the order, or can be placed via online prior to delivery. No Personal Checks. Delivery is expected within 14 days of job completion. If payment or delivery is delayed after the two week period, you understand and agree a late fee of 25% will be added to the cost of the job, per week, for every week you are negligent in making payment.
Placing an Order
When you place an order, you must choose the package that correlates to the number of digital files, printed photographs, or memorabilia you are sending. Your photos must be numbered in the order you want them to appear in your DVD Slideshow or Photo Book package. If the number of images exceeds the maximum allowed in the package you selected, or if the photographs are not numbered correctly, we will contact you. Your order will be placed on hold until a resolution is agreed upon. You have the option to preview your DVD Slideshow or Photo Book prior to us producing your final product. We suggest that you take advantage of this option. If you decline this option, all valid orders will be processed and completed as specified on the order form. Once the final product is mailed to you, changes cannot be made.
You understand and agree that the submission of any photos and/or music to Capturememoriesinmotion.com, and the download or upload of any material through the Capturememoriesinmotion.com site is done at your own discretion and risk. You will be solely responsible for any loss or damage to your photos and/or music, and any damage to your computer system or loss of data that may result in the download or upload of any material.
You agree that all materials submitted to Capture Memories In Motion for transfer are your personal property and are not, to your knowledge, protected by copyrights. If the material is protected, you confirm you have obtained the permission of the copyright owner to have Capture Memories In Motion© make copies of the material, and that such permission is in written form and in your possession. All DVD Slideshows are not for fee based public exhibition or for resale. You acknowledge and agree that Capture Memories In Motion© shall not be liable for any loss or damage, direct, consequential, or incidental arising out of your use of Capture Memories In Motion© services. You are solely responsible for, and assume all copyright liability for all content you submit. You hereby warrant that your order is to be used exclusively for private use and will not be commercially distributed. You will hold Capture Memories In Motion© harmless for any expenses that might arise by the reason of any infringement of copyright related to this order. You acknowledge that Capture Memories In Motion© has the right to refuse, return, delete, remove, and edit content for any reason at any time without notice.
Assumption of Risk
CAPTURE MEMORIES IN MOTION ASSUMES THE RISK OF LOSS OF YOUR ORIGINAL CONTENT SOLELY FROM THE DATE THAT CAPTURE MEMORIES IN MOTION© ACTUALLY RECEIVES YOUR ORIGINAL CONTENT UNTIL THE DATE ON WHICH CAPTURE MEMORIES IN MOTION© DELIVERS THE ORIGINAL CONTENT TO A THIRD PARTY CARRIER FOR RETURN TO YOU. IF CAPTURE MEMORIES IN MOTION© LOSES OR DAMAGES ANY SUCH ORIGINAL CONTENT DURING THE LIMITED PERIOD THAT THE ORIGINAL CONTENT IS IN CAPTURE MEMORIES IN MOTION’© SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE FOR SUCH LOSS, CAPTURE MEMORIES IN MOTION© EXPENSES AND RESTITUTIONS FOR LOST OR DAMAGED MATERIALS WHILE IN OUR POSESSION CAN NEVER EXCEED THE RAW COST OF THE MATERIALS, OR $100, WHICHEVER IS LESS. YOU BEAR ALL POSSIBILITY OF LOSS OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS IN THE CUSTODY OF THE CARRIER.
Except as otherwise provided in these Terms and Conditions, Capture Memories In Motion© is not liable for the content or any other materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. You agree to be liable for any content or any other materials, should they be misdirected, lost, stolen, or damaged while in transit through the United States Postal Service, United Parcel Service, Federal Express or any other carrier used for transport. Capture Memories In Motion© shall assume neither responsibility nor liability, for damage, loss, delay, or irregularity to persons or property in connection with third parties over which Capture Memories In Motion© has no control. You are responsible to insure the contents of your package and secure the contents. In addition, it is recommended that you ship your package to us using a reliable and reputable shipping service. When we return your materials and product(s), we will use only shipping methods that are reliable and traceable. You will be required to sign for your package before it is released by the postal carrier. All items purchased through Capture Memories In Motion are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All DVD Slideshows are not for fee based public exhibition or for resale. By using our services, you agree to indemnify and hold Capture Memories In Motion® and everyone associated with us harmless from and against any and all costs, damages, liabilities and expenses (including attorneys' fees and costs of defense) Capture Memories In Motion© or any other indemnified party suffers in relation to or arising from a breach of your representations.
Our DVD Slideshows are produced on DVD-R media. We advise you to confirm that this media will play on your DVD player. Capture Memories In Motion© will neither be held liable for assuring that the media will play on the customer's player, nor will be held to damages as a result.
Capture Memories In Motion© does not discriminate against race, creed, sex, or age. However, we reserve the right to refuse any work for any reason at any time. We will not accept pornographic material in any form. If sent to us, your order will be placed on hold. We will contact you for a resolution.
We reserve the right to change the Terms and Conditions at any time. We therefore recommend that you periodically check the Terms and Conditions for any changes or updates. Your continued use of the website or purchase of its products will mean that you accept the amended Terms and Conditions.