Terms and Conditions
HP Memories Terms and Conditions
Note that any violation of these Terms may result in termination of the Service to you. If you have any questions about these Terms, please contact our Customer Service Department at admin@HP Memories.com .
- AGE REQUIREMENTS
To purchase from or become a member of the Service, you must be 18 years or over.
- COST OF MEMBERSHIP
There is no cost to become a member of the Service.
- MEMBERSHIP INFORMATION
You agree to provide HP Memories with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
When you register as a Member of the Service, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your password and account, and agree to notify HP Memories immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. You will be responsible for all activities that occur under your password and account. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
- NO RESALE
The Service provided by HP Memories is for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell or exploit any part of the Service, use of the Service, or access the Service for any commercial purposes unless you receive HP Memories’s prior written authorization.
- CONTENT AND MEMBER CONDUCT
You acknowledge and agree that all photographic and video material, and resulting digital images or video, (collectively “Content”) submitted by you to the Service and/or created for you by the Service are your sole responsibility.
By submitting Content to HP Memories, you represent and warrant to HP Memories that you either own the Content or have the written permission from the copyright owner to make such Content available to HP Memories to perform the Service and its obligations under these Terms.
You agree to indemnify, and hold HP Memories and its officers, directors, employees, affiliates, agents, licensors and business partners harmless, from and against any and all costs, damages, liabilities and expenses (including all attorneys’ fees and costs of defense) HP Memories or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
HP Memories does not control the Content of Members’ accounts and does not have any obligation to monitor such Content for any purpose. You acknowledge that although HP Memories is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, HP Memories has the absolute right (but not the obligation), in its sole discretion to refuse to process, return, delete, remove, and edit Content for any reason at any time without notice.
You agree not to use, or attempt to use, the Service to process or produce Prohibited Content. Generally, “Prohibited Content” includes Content or other material that HP Memories believes:
- Is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Contains nudity. HP Memories will not accept or process any Content with any nudity, including images that HP Memories, in its sole judgment, deems to be erotic in nature. HP Memories understand that nudes are a longstanding photographic tradition, however, this policy is necessary for our business.
- Could give rise to any civil or criminal liability;
- Could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express written permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
- Advocates illegal activity.
- Harms anyone, including, but not limited to, minors in any way.
- Promotes bigotry, racism, hatred or harm against any individual or group.
- Provides a link to any of the above.
The above list of Prohibited Content is merely an example and is not intended to be complete or exclusive. HP Memories has the sole discretion to determine whether Content is Prohibited Content. HP Memories reserves the right to terminate your access to your account or the Service with or without cause and with or without notice, or for any action that HP Memories determines is or may be disruptive to the Site or the Service. HP Memories may report to law enforcement authorities any actions that may be illegal. When legally required, or at HP Memories’s sole discretion, HP Memories will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.
- PRICING, PAYMENTS AND ELECTRONIC COMMUNICATIONS
You agree to pay in full, the price quoted for your order and any additional amounts incurred, for reasons including, but not limited to, if the Content type and/or size is different than initially estimated on the order form or if the actual shipping/delivery charges are higher than estimated at the time of your order. If the work performed and/or shipping is lower than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred for a la carte orders (Kit orders do not apply).
When you place an order, HP Memories will bill you for the entire order. The shipping and handling costs to ship your originals to HP Memories is prepaid by you at the time of placing the order. All payments shall be made by credit card in advance prior to shipping the original Content. You are responsible for paying any taxes that may apply.
By using the Service, you consent to receiving electronic communications from HP Memories. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. These electronic communications are part of your relationship with HP Memories and you receive them as part of your subscription to the Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. HP Memories offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met. HP Memories will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.
HP MEMORIES IS NOT LIABLE FOR THE CONTENT, OR ANY OTHER MATERIALS, WHILE IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER, INCLUDING, BUT NOT LIMITED TO, THE UNITED STATES POSTAL SERVICE, UNITED PARCEL SERVICE OR FEDERAL EXPRESS. YOU AGREE TO ACCEPT COMPLETE LIABILITY FOR ANY CONTENT, OR ANY OTHER MATERIALS, SHOULD THEY BE MISDIRECTED, LOST, STOLEN, OR DAMAGED WHILE IN THE POSSESSION OF, IN TRANSIT THROUGH OR OTHERWISE UNDER THE CONTROL OF ANY THIRD PARTY CARRIER. ALL ITEMS PURCHASED THROUGH HP MEMORIES OR THE SERVICE 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 YOUR SELECTED CARRIER. DUE TO THE NATURE OF THE CONTENT, NO INSURANCE IS AVAILABLE FOR THE SHIPPING OR THE HANDLING OF YOUR ORDER, AND HP MEMORIES OFFERS NO WARRANTY OR GUARANTEE AGAINST DAMAGE OR LOSS WHILE YOUR ORDER IS IN TRANSIT THROUGH OR IN POSSESSION OF ANY THIRD PARTY CARRIER.
- EMBEDDED INFORMATION
Certain information concerning the Content being optically scanned by the Service is digitally embedded by HP Memories into the resulting image files utilizing the Extensible Markup Platform standard and EXIF/IPTC standards (“Embedded Information”). This Embedded Information may include, but is not limited to, HP Memories contact information, a unique order number, a unique Member number, information or descriptive “tags” and the operator and the time and date which the Service was provided. This Embedded Information is necessary for HP Memories to effectively perform the production and distribution processes of the Service. Because of its nature, this Embedded Information can also be used to identify the source and history of an image or video independent of the Service. You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every photo or video scan performed by the Service and that you have been informed that distributing your images or video would result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images or video either intentionally or unintentionally.
- GENERAL USE RESTRICTIONS
HP Memories provides products, content and services through the Site, including content, trademarks, logos, graphics, music, software and images that are not Content (collectively, the “Materials”) that are the copyrighted work of HP Memories or HP Memories’s licensors.
Except as expressly provided herein, HP Memories grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Service and the Site solely for your personal use. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy all Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
- THIRD PARTY CONTENT
HP Memories may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Any information or content provided by such third parties is, in each case, the copyrighted work of the creator/licensor. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. HP MEMORIES DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have a dispute with us relating to the Service, you may cancel your membership or cease use of the Service. The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you have purchased a Service from us, any such termination or cancellation is subject to any service performed.
You agree that HP Memories, in its sole discretion, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, video or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that HP Memories shall not be liable to you or any third-party for any termination of your access to the Service.
- DELETION OF INACTIVE ACCOUNTS
HP Memories reserves the right to delete your account if it has been inactive for more than one (1) year. HP Memories will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after HP Memories sends you the email notification, HP Memories will delete your account, the Content contained in your account, and any personally identifiable information related to your account. This process will also delete any personally identifiable information.
The trademarks, logos and service marks displayed on the Site are the property of HP Memories or its licensors.
- COPYRIGHT NOTICE
Unless otherwise specified, all information and screens appearing on this Site including all Materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of HP Memories, Copyright © 2021 HP Memories Inc. Moreover, all Materials contained in or on any product or Service delivered to you, including, but not limited to all software, graphics, and images are the sole property of HP Memories. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
To the extent you provide HP Memories with any suggestions, information, ideas, or feedback concerning the Service through the Site, including, but not limited to, a description of any errors which you have discovered while using the Service (“Feedback”), such Feedback will be the sole and exclusive property of HP Memories. You agree to assign, and hereby do assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to HP Memories and agree to assist HP Memories in perfecting and enforcing such rights. HP Memories may publish any Feedback to assist us in responding to your support requests or to support other Members using the Service.
- DISCLAIMER OF WARRANTIES
THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. HP MEMORIES, AND ITS LICENSORS, DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND HP MEMORIES MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. HP MEMORIES DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- LIMITED REMEDY FOR LOSS OF YOUR ENTIRE ORDER
HP MEMORIES ONLY ASSUMES THE RISK OF LOSS OF YOUR ENTIRE ORDER FROM THE TIME THAT HP MEMORIES ACTUALLY RECEIVES YOUR ENTIRE ORDER UNTIL THE TIME THAT HP MEMORIES DELIVERS YOUR ORDER TO A THIRD PARTY CARRIER FOR TRANSPORT. PROVIDED, HOWEVER, HP MEMORIES DOES NOT ASSUME SUCH RISK OF LOSS FOR YOUR ENTIRE ORDER, IF, AFTER RECEIVING YOUR ORDER FROM ANY THIRD PARTY CARRIER, HP MEMORIES DISCOVERS THAT ANY OR ALL OF THE CONTENTS OF YOUR ORDER IS DAMAGED OR LOST. YOU BEAR ALL RESPONSIBILITY OF LOSS OR DAMAGE OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS NOT UNDER HP MEMORIES’S SOLE CUSTODY AND CONTROL. ANY QUOTED GUARANTEES OR WARRANTIES ONLY APPLIES IF HP MEMORIES’S RECOMMENDED PACKAGING INSTRUCTIONS ARE FOLLOWED. YOU CAN FIND PACKAGING INSTRUCTIONS AT: HTTP://WWW.HP MEMORIES.COM/HOW/PACKING-TIPS .
- LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND/OR THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. HP MEMORIES AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE, EVEN IF HP MEMORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
- NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL HP MEMORIES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
- DEADLINE FOR IDENTIFICATION OF ISSUES
If you have any issues regarding your order, including, but not limited to, allegations of lost or damaged media, you agree that you will communicate any such issue(s) to HP Memories’s Customer Service Department within thirty (30) days of receiving the return delivery of your completed order. HP MEMORIES DISCLAIMS ANY RESPONSIBILITY, AND YOU HEREBY AGREE TO ACCEPT FULL RESPONSIBILITY, FOR ANY ISSUES THAT ARE IDENTIFIED AND/OR COMMUNICATED TO HP MEMORIES FOLLOWING THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD. MOREOVER, HP MEMORIES WAIVES ANY AND ALL WARRANTIES AND GUARANTEES ASSOCIATED WITH ANY SUCH ISSUES IDENTIFIED AND/OR COMMUNICATED TO HP MEMORIES AFTER THE EXPIRATION OF THIS THIRTY (30) DAY PERIOD.
- REFUND/CANCELLATION POLICY
Our policy covers your order for 30 days after payment is made. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or cancel your order.
For orders that were placed, but never shipped in for processing, we’re happy to refund these orders, in full for up to 30 days after the order was placed online. After 30 days, the amount paid/deposited on your order becomes non-refundable. After the 30 days has passed, the amount paid/deposited can be moved to a credit on your account for future use.
We DO NOT offer refunds on completed work.
To complete your return, we require a receipt or proof of purchase.
Refunds (if applicable)
If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 business days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
- REPROCESSING POLICY
Our team would be happy to evaluate your order and discuss if reprocessing the order might improve the end result. If it is deemed that your end product can be improved, we’ll reprocess your order free of charge.
To complete your return, we require a receipt or proof of purchase.