WEB SITE LEGAL NOTICE
User restrictions, disclaimer of liability and copyright notice
The information ("information") contained in the Creative Memories Internet Web Site (the "site"), and accessible by you, the user ("you"), is provided solely for information purposes and is not warranted or guaranteed in any way. By using this site, you agree to the following terms and conditions.
Creative Memories reserves the right to modify the Terms & Conditions from time to time. Also, Creative Memories may terminate or suspend any account if the account holder violates any section of the Terms & Conditions.
User restrictions
By using, accessing and/or downloading the information contained on this site, you acknowledge that it is your duty to NOT store, reproduce or otherwise make use of information in a manner that is in violation of any federal, state or local laws or regulations, including any copyright, secrecy, defamation, decency or export laws.
You are authorized to view, download and print any information on the site, solely for your own personal and noncommercial use, subject to all copyright, trademark and other proprietary notices.
Disclaimer and limitation of liability
In no event shall Creative Memories or its parent company, The Antioch Company ("Creative Memories"), be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom, or the results obtained from the use of the information.
Creative Memories does not warrant or guarantee the accuracy, adequacy, quality, timeliness, validity, completeness, or suitability of any information for any purpose whatsoever. Creative Memories does not warrant or guarantee that any information will be free of infection by viruses, worms, Trojan horses or any other contaminating or destructive properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE MEMORIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVE MEMORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
The entire risk as to the quality and performance of this site and the accuracy, adequacy, completeness, timeliness, validity and quality of any information is with you.
Copyright/trademark notice
All Creative Memories trademarks are protected by U.S. Patent and Trademark Law and International Trademark and Intellectual Property Laws and Treaties. Unauthorized use of these trademarks is strictly prohibited. All other trademark, company names or company logos, as used or referenced in the Website, are the property of their respective owners.
All site design, text, layout, graphics and the selection and arrangement thereof, Copyright © 2009, Creative Memories, ALL RIGHTS RESERVED. You are authorized to view, download and print portions of the site solely for your personal and noncommercial use. Any other use of materials on this site, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without the prior written permission of Creative Memories, is strictly prohibited.
You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this site.
Idea submission statement
Any ideas, proposals, and/or other information submitted or collected on this site shall be considered non-confidential. By submitting information to this site, or directly to Creative Memories, you agree that Creative Memories shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and Creative Memories may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.
Governing law
The site is controlled by Creative Memories from its office in the state of Minnesota. Although the site may be accessed from all 50 states and numerous other countries, you, by accessing this site, hereby agree that the laws of the state of Minnesota, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this site and any of the information contained therein.
Privacy statement
Creative Memories is committed to safeguarding your privacy online. Accordingly, Creative Memories will not disclose, distribute, sell or rent any of your personally identifiable personal information to any third party, except as otherwise described in the Privacy Policy. Creative Memories may collect information solely for its own use and may use such information to provide you information regarding its products and services.
Linking
Linking to the Creative Memories Sites is permissible, provided that the link is only to the Creative Memories Sites home page, you do not remove or obscure, by framing or otherwise, the copyright notice in the site, you provide notice of such link to Creative Memories Sites, and you discontinue providing the link if notified. Any links to external Web sites contained in the site are not under the control of Creative Memories, and Creative Memories is not responsible for the content of any linked site.
Indemnity
You agree to indemnify Creative Memories and its associate companies, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Creative Memories Sites from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Creative Memories sites, your use of the Creative Memories sites, your violation of these Terms & Conditions, or your violation of any rights of another.
General
These Terms & Conditions constitute the entire agreement between Creative Memories and you with respect to your use of the Creative Memories Sites. Any modifications to the Terms & Conditions will apply to you if you continue to use the Creative Memories Sites after adopted. Creative Memories failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties & intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.
Use of the Creative Memories Sites
You may not use the Creative Memories Sites for the following purposes:
a. For any purpose that is unlawful or deceptive or to encourage conduct constituting criminal behavior, including to harm minors in any way;
b. Any use of materials that contains destructive codes such as viruses, worms or any other programs designed to damage or provide unauthorized access to the Creative Memories Sites which may cause defect, disruption, or malfunction;
c. Any unsolicited junk mail or other activity that may interfere with or disrupt the Creative Memories Sites or the networks through which you access and use the Creative Memories Sites;
d. And provide any false or misleading information regarding your identity or address.
Creative Memories will decide at its own discretion whether your actions have violated any of the provisions set out in the Terms & Conditions, which may result in termination of any of your Creative Memories Sites accounts. Creative Memories may also refuse to fulfill any order or part of an order if to do so may be illegal, may breach the Terms & Conditions, may violate the rights of any third party or is otherwise objectionable to Creative Memories. You agree that we are not liable to you or any third party for any such non-fulfillment. Creative Memories disclaims any liability for the content of any submission.
Copyright Interest
Creative Memories respects the copyright interests photographers have in their work. Every account holder is required by United States law to own the images they upload. If you feel that your proprietary interests have been violated through use of the Creative Memories Sites, please contact us at the following address with the applicable circumstances:
Creative Memories
Attn: Consultant Services
6401 8th Avenue South
PO Box 1839
St. Cloud, MN 56302-1839
Email: fieldservices@creativememories.com
By expressly sharing your images with others, you are granting permission for the recipients to share and print your copyrighted work. For the purposes of providing you with any requested Creative Memories Sites you grant Creative Memories a non-exclusive, royalty-free license to use, copy, distribute and display your images.
Signing Up & Account Maintenance
To create a complimentary Creative Memories Sites account you must be 18 years or older. You will be required to provide personal contact information when creating a Creative Memories Sites account. All contact information provided must be complete and accurate, and you are responsible for keeping such information current. You have sole control of your account with a personal password that you produce when signing up. You are responsible for keeping your personal password secure and confidential. From time to time Creative Memories may need to access your account for maintenance purposes, to enhance its Creative Memories Sites Services, or to comply with a legal request.
Pricing & Shipment
All prices displayed are correct at the time they are posted, and prices displayed at the time of the order will prevail. You bear the risk of loss and title on all products shipped to you, pursuant to placing an order, when Creative Memories delivers your order to the carrier. Creative Memories will deliver to the address you specify to Creative Memories at the time you place your order. Any delivery dates specified are intended to merely be estimates.
Warranty
Creative Memories guarantees the quality of our products.
When subjected to normal use, traditional albums, scrapbook pages and page protectors have a lifetime warranty against manufacturing defects. If any component of your album proves defective, repair or replacement with the same or equivalent album or album part will be made without charge.
Tools and accessories carry a one-year warranty against manufacturer's defects from your date of purchase.
Warranties do not apply when products are not used in accordance with enclosed instructions, or in cases of misuse or abuse.
Returning Product
Creative Memories is dedicated to helping you celebrate your memories with high-quality, photo-safe albums and supplies. Please contact your Consultant to learn more about our returns process for damaged or defective products.
Inactive Accounts & Termination
An active member is defined as someone who has purchased product at least once within a period of 365 days. If a member chooses to become inactive, Creative Memories may terminate the membership/account and remove all information, communications, postings, albums, image files or any other content within the Creative Memories Sites.