Acceptance of These Terms
These Terms and Conditions (“Terms”) govern all media digitization services provided by Memotizer (“Company,” “we,” “us,” or “our”) through its website located at https://www.memotizer.com and any related offline services.
By submitting media to the Company, the customer (“Customer” or “you”) acknowledges that the Customer has read, understood, and agrees to be legally bound by these Terms.
Limitation of Liability
Customer acknowledges that videotapes, film, photographs, audio recordings, and other analog media are often decades old and may be fragile, deteriorated, or otherwise subject to damage through normal handling and playback.
The Company performs all services using commercially reasonable care and appropriate equipment. However, the quality of the digitized output depends primarily upon the condition of the original media.
To the fullest extent permitted by applicable law:
- The Company makes no guarantee regarding image quality, audio quality, color accuracy, completeness, or successful recovery of damaged media.
- The Company has no obligation to repair, restore, clean, enhance, or otherwise improve the condition or quality of the original media unless separately agreed in writing.
- Blank sections, signal loss, distortion, tracking issues, static, or degraded footage may appear in the digitized output and shall not constitute defective performance.
- The Company may digitize the full recorded or playable length of submitted media regardless of whether portions contain usable content.
- The Company shall not be responsible for deterioration, tape breakage, mold damage, signal loss, or other failure caused by the age, prior storage, or preexisting condition of the media, except to the extent caused by the Company’s gross negligence or willful misconduct.
Limitation of Damages
Customer acknowledges that original media may contain irreplaceable memories and voluntarily assumes the inherent risks associated with submitting such media for handling, playback, and digitization.
Refunds and Cancellations
Digitization services are custom and labor-intensive and cannot be reversed once work begins.
- Orders cancelled before digitization begins may be eligible for a refund at the Company’s sole discretion.
- Once digitization has commenced, all sales are final and no refund will be issued.
- Dissatisfaction resulting from the quality, condition, recording method, camera movement, static, blank footage, or other characteristics of the original media shall not constitute grounds for a refund.
- Shipping, pickup, delivery, storage-media, and other third-party or out-of-pocket costs are non-refundable once incurred.
Content Guidelines and Right to Refuse Service
Customer represents and warrants that:
- Customer owns the submitted media or the content contained on it; or
- Customer has obtained all permissions and authority necessary to authorize its reproduction and digitization.
The Company will not knowingly digitize copyrighted commercial media, including commercially distributed movies, television programs, music, or other protected recordings, unless Customer provides satisfactory evidence of authorization.
The Company reserves the right to refuse, stop, or return any order if ownership or authorization cannot be reasonably verified, or if the content appears to be unlawful, infringing, obscene, abusive, threatening, or otherwise inappropriate for the Company to process.
If the Company encounters apparent Child Sexual Abuse Material (“CSAM”) or other material that the Company is legally required to report, the Company may preserve relevant evidence and notify appropriate law-enforcement authorities or other legally designated agencies.
Customer agrees to indemnify, defend, and hold harmless the Company and its owner, representatives, and service providers from claims, damages, liabilities, judgments, penalties, and reasonable expenses arising from Customer’s breach of this Section or violation of copyright, privacy, publicity, or other applicable law.
Turnaround Time
Any start date, completion date, or turnaround time provided by the Company is an estimate only and does not constitute a contractual guarantee.
Processing times may vary due to:
- order volume and queue position;
- the quantity, format, condition, or complexity of submitted media;
- equipment maintenance, repair, or failure;
- shipping or delivery delays;
- power outages, illness, natural disasters, governmental actions; or
- other events beyond the Company’s reasonable control (“Force Majeure”).
The Company shall not be liable for delays or for losses or expenses allegedly resulting from an estimated completion date not being met.
Data Retention and Privacy
Unless otherwise agreed in writing, digitized files delivered through a cloud service will be retained for up to thirty (30) days after the Company sends delivery notification.
The Company intends to send one courtesy email reminder approximately seven (7) days before scheduled deletion, but Customer remains solely responsible for downloading and backing up all delivered files before the retention period expires.
After the retention period, files may be permanently deleted and may not be recoverable. The Company shall have no liability for files deleted in accordance with this Section.
The Company treats Customer media as confidential and will view content only as reasonably necessary to perform digitization, quality control, troubleshooting, customer support, or legal compliance.
The Company does not sell, rent, or trade Customer personal information or media content. Information or content may be disclosed to service providers as reasonably necessary to perform the requested service, or when required by law, subpoena, court order, or other valid legal process.
Additional information concerning personal data is provided in the Company’s separate Privacy Policy.
Abandoned Property
Customer agrees to retrieve all original media, storage devices, and other property within ninety (90) days after the Company sends notice that the order is complete and available for pickup or return.
The Company may send one courtesy reminder regarding unclaimed property but is not obligated to provide repeated notice.
Property remaining unclaimed for more than ninety (90) days after completion notice shall be deemed abandoned and may be destroyed, recycled, donated, or otherwise disposed of by the Company without further notice or liability, to the fullest extent permitted by applicable law.
Pickup, Delivery, and Risk of Loss
Pickup and delivery services are offered solely as a convenience and may be subject to geographic, scheduling, quantity, or other limitations.
Customer is responsible for providing accurate contact and location information, being available at an agreed pickup or delivery time, and safely packaging media when shipment is involved.
The Company shall not be responsible for loss, theft, delay, or damage caused by USPS, UPS, FedEx, couriers, or other third-party carriers after the media has been transferred to such carrier or before it has been received by the Company.
Customer is encouraged to use tracked shipping, secure packaging, and appropriate shipping insurance for irreplaceable media. Any claim arising from a third-party carrier’s conduct must be submitted directly to that carrier, subject to the carrier’s terms and procedures.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles.
Any legal action arising out of or relating to these Terms or the Company’s services shall be brought exclusively in the state courts of the Commonwealth of Virginia located in Fairfax County, Virginia, or in the United States District Court having jurisdiction over Fairfax County, Virginia. Customer consents to the personal jurisdiction and venue of those courts.
Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with any written order confirmation, estimate, invoice, service description, and the Company’s Privacy Policy, constitute the entire agreement between the Company and Customer concerning the services and supersede prior or contemporaneous oral or written communications concerning the same subject matter.
In the event of a direct conflict between these Terms and a written agreement signed by the Company, the signed written agreement shall control only with respect to that conflict.
Modifications
The Company may update these Terms from time to time by posting a revised version on https://www.memotizer.com and updating the effective date shown above.
The Terms in effect when Customer submits an order will generally govern that order unless a change is required by law or the parties agree otherwise in writing. Continued use of the Company’s services after revised Terms become effective constitutes acceptance of the revised Terms for future services.