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Terms of Service
PHOTO MONTAGE DESIGN
Memories of the Heart is granted full production and editorial control by the client regarding all aspects of editing and creating the production. In return, Memories of the Heart agrees to work with the client to create a video album that meets their specifications. Memories of the Heart agrees to make every provision possible to incorporate the client's suggestions and ideas into the montage. The client is to make design and editorial suggestions prior to shipment. After the client has received the video, changes can be made free of charge only (1) if Memories of the Heart failed to meet the specifications given by the client prior to shipment (2) names, date, quotes are incorrect according to the order form filled out by the client.
Every possible attempt is made to include every photo sent to us. However, Memories of the Heart does not undertake to guarantee any specific picture be included in the video album. Considering that certain photographs, depending on their quality and visual appearance, are impossible to scan and/or include in the presentation, Memories of the Heart reserves the right to eliminate photographs from the Photo montage. Photos considered to be obscene or offensive will be deleted. We also reserve the right to crop, color correct, or retouch any photograph used in the presentation to increase visual appeal. Memories of the Heart is not responsible for photographs that appear to be slightly darker/lighter than the original prints, as specific colors may not appear to be the same on a television screen. All attempts will be made, however, to produce accurate representation of each photo.
The client is responsible for numbering each photograph for the purpose of specifying the order in which they are to appear. Memories of the Heart will make every attempt to place the photos in the exact order requested, but does not guarantee the exact order specified. Memories of the Heart assumes the right to alter the order by the client (the order may be slightly changed to increase visual appeal, to help the "flow" of the video, etc.) If no order is specified, Memories of the Heart will place the photos in random order.
Memories of the Heart agrees to make every attempt possible to verify all information given by the client in the order form. It is the ultimate responsibility of the client, however, to ensure that all information provided on the order form is correct prior to submission. In the event that the incorrect information is included in the photo montage as a result of incorrect information provided in the order form (e.g. misspelled name, incorrect date, etc.), it is the financial responsibility of the client to purchase an additional copy with the correct information and/or return the incorrect videos to Memories of the Heart to be corrected and returned (standard shipping applies).
PAYMENT
Within 14 days of filling out a Memories of the Heart order form, the client's full payment is to be received unless otherwise agreed upon with a Memories of the Heart representative. This includes payment for extra copies, CD's, shipping, etc. Payment is non-refundable (see "Extenuating Circumstances" for exceptions). Any bank charges incurred due to returned checks will be charged to the client along with a $50 insufficient funds fee. All personal checks must clear before photo montage is delivered with no exceptions. With this in mind, clients must plan accordingly. All selections are final once client has turned in completed order form (this includes all photograph/music/package selections, etc.) unless otherwise agreed upon with a Memories of the Heart representative. All photographs and music selections will be returned to the client only after full payment has been received. Full payment must be received before the photo montage is delivered with no exceptions.
COPYRIGHT
Original files remain the property of Memories of the Heart and may be used for advertising, display, or any other purpose seen appropriate. In return, Memories of the Heart agrees to use the same in good faith and in good taste.
Most music used in our photo montages is copyrighted material by which Memories of the Heart does not hold copyrights. By submitting an order form and agreeing to Memories of the Heart' terms of service, clients agree that they have purchased and possess their own original copy of all music used in their montage. Under copyright law, customers may then display their photo montage for personal family and friends. Mass production of a photo montage is strictly prohibited without purchasing the additional copyright licensing per song used.
Regarding professional portraits: photographers hold all copyrights to their images, and must agree to their use in your photo montage. If your photographer has questions or concerns, they may contact us directly. We will be happy to make arrangements with the photographer and will include their company logo at the beginning of the video album if requested.
EXTENUATING CIRCUMSTANCES
The due performance of this agreement is subject to alteration or cancellation by Memories of the Heart owing to any cause beyond their control. Memories of the Heart takes the utmost care in respect to processing, designing, and transporting client's photo montages. Every care is taken in scanning, designing, and processing using professional materials. In the unlikely event of total technological failure, or any extenuating circumstances that prevent the montage from being shipped on time, Memories of the Heart's liability shall be limited to a full refund of all money paid for the event package. Memories of the Heart is not responsible for montages lost during shipment or montages that do not arrive on time due to mishandling during shipment. In the event that a montage is damaged during the shipping process, Memories of the Heart will ship a new montage to the client (at no additional cost) upon the client's return of the damaged montage.
SHIPPING & SCANNING
In the event that shipping is necessary, a shipping/packaging fee of $8 (US residents) will be added to the photo montage price. If overnight shipping is required as a result of late payment by the client or a last-minute order, an additional charge will be added. Shipping insurance is recommended but is optional. Any insurance requested by the client will cost the client only the actual charge of insurance.
Clients may scan their own photos or request that Memories of the Heart scan them. Digital photographs sent to Memories of the Heart on CD will not be returned to the client unless specifically requested and agreed upon with a Memories of the Heart representative.
CLIENT AGREEMENT
It is mutually agreed that the following terms form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Memories of the Heart in writing.
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