Terms of Service
You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of the Memorial Productions website or Memorial Productions video creation services made available through authorized third party websites (“Memorial Productions Services”). The Memorial Productions website consists of its site located at the URL www.memorialproductions.com. Collectively herein, Memorial Productions Services and the Memorial Productions website and applications will be referred to collectively as the "Site" or the “Services”.
You acknowledge and agree that, by (1) clicking the “I Agree” or similar button via an Entry Point Site to access the Services, or otherwise accessing or using the Services, you’re indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services. “Entry Point Site” shall be any website which makes the Services available from such website.
This Terms of Service Agreement was last updated on June 25, 2015. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Services are owned and operated by Memorial Productions, a Minnesota DBA with a place of business at 20790 Sawmill Road, Jordan, MN 55352 USA. The Memorial Productions Services provide Individual Customers the ability to have a video (“Memorial Productions Video”) created by Memorial Productions using uploaded photographs, graphics, or video clips (“Image Content”) set to a selected or uploaded music track (“Musical Content”).
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided “AS IS” and Memorial Productions is not liable to you for any temporary interruption in Services.
Payment of Fees
AMOUNT DUE SHALL BE PAID TO MEMORIAL PRODUCTIONS WITHIN 30 DAYS OF RECEIPT OF INVOICE.
The Memorial Productions Intellectual Property Rights. Memorial Productions is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
The Memorial Productions trademarks and/or service marks may not be used in connection with any product or service that is not provided by Memorial Productions, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Memorial Productions.
Others’ Intellectual Property Rights. Memorial Productions deeply respects the third party intellectual property rights that may be implicated in creating a Memorial Productions Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a Memorial Productions Video using our services, you will be able to use your own Image Content such as photos, graphics, text, or video segments. You will be able to either upload your own Musical Content, or select Musical Content available from Memorial Productions. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.
Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in a Memorial Productions Video. For example, professionally-taken photographs should not be used in a Memorial Productions Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in a Memorial Productions Video unless you have received a license to do so from the owner of the copyright.
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in a Memorial Productions Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in a Memorial Productions Video. If you are unsure whether you have the necessary rights to use music in a Memorial Productions Video, we encourage you to choose Musical Content available through Memorial Productions. You agree that you will not alter or modify the fundamental character of any music available through Memorial Productions or third party sites linked to by our Site.
You may want to search for Musical Content using our music library.
You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as contemplated by the Site and grant Memorial Productions the rights described herein. Use of the site is limited to personal, non-commercial purposes only.
You hereby grant to Memorial Productions a royalty-free, perpetual license to use, copy, create, modify, display and host your Memorial Productions Video, Image Content, and Musical Content solely to the extent necessary for Memorial Productions to provide the Services as described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission.
Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Memorial Productions designates the following individual as its agent for receipt of notifications of claimed infringement:
Attn: DMCA Claims
20790 Sawmill Rd.
Jordan, MN 55352
By Email: firstname.lastname@example.org
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature,(b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the Memorial Productions may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.
Memorial Productions, and not Provider, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim relating to the Services or a Memorial Productions Video.
Purchase of Products
Memorial Productions may, from time to time, provide the ability for its users to place an order ("Order") for products relating to Memorial Productions Videos, such as a DVD ("Products"). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.
All prices are in U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.
Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. When you place an Order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged at the time of shipment.
Any Products you Order are for your own personal use and enjoyment, and may not be distributed for commercial purposes or resold.
Limited Warranty for Products
Memorial Productions provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by Memorial Productions shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.
Note that this limited warranty does not in any way cover your dissatisfaction with the quality of the Memorial Productions Video arising from or relating to the content uses to create the Memorial Productions Video.
Products which do not conform to The Memorial Productions limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exclusive remedy for any breach of such warranty.
If you would like to make a warranty claim for a replacement product, send an email to email@example.com
You will receive a response email with instructions on processing your warranty claim.
Disclaimer of Warranties
ALL MEMORIAL PRODUCTIONS SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MEMORIAL PRODUCTIONS, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES’ OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," MEMORIAL PRODUCTIONS EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third party Providers have no warranty obligation to You whatsoever. To the extent that Memorial Productions has not effectively disclaimed warranties relating to the Services, or the limitations set forth above do not apply to You, your sole remedy for breach of warranty shall be to notify the Provider of the nonconformity, and such Provider may (depending on its policies and practices) refund the purchase price for the Services, if any. Other than this limited remedy, Memorial Productions, and not Provider, is responsible for addressing any of Your claims relating to the Services or Your use of the Services, including but not limited to (i) product liability claims; (ii) claims that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Provider, nor any manufacturer of a hardware device on which the Memorial Productions Services were accessed, nor any mobile network provider, has any responsibility to provide you with support services relating to the Memorial Productions Services.
Limitation of Liability
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND THE MEMORIAL PRODUCTIONS AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE MEMORIAL PRODUCTIONS SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID MEMORIAL PRODUCTIONS, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL MEMORIAL PRODUCTIONS OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. MEMORIAL PRODUCTIONS SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Memorial Productions, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with The Memorial Productions terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Memorial Productions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Memorial Productions in asserting any available defenses.
Use of Site and Storage of Material
Upon registering with Memorial Productions, you will be assigned one (1) user account. Memorial Productions limits the maximum amount of disk space per account for storing Memorial Productions Videos and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are nonrefundable.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge that we reserve the right to terminate any Paid User account upon non-receipt of a payment with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.
Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates
Termination of Use
We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.
The laws of the state of Minnesota, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Minneapolis building in Minneapolis, Minnesota USA.
All notices to a User or to Memorial Productions shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org , if by email, or at Memorial Productions, 20790 Sawmill Rd., Jordan, MN 55352 USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Memorial Productions.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Memorial Productions, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.