Precious Memories Terms of Service

In consideration of the covenants and agreements contained in this agreement, the parties to this agreement agree as follows:

Engagement
The customer ("client") hereby agrees that Precious Memories Video Albums is granted full production and editorial control by the client regarding all aspects of editing and creating any video production.  In return, Precious Memories Video Albums agrees to work with the client to create a video album that meets their specifications.  Precious Memories Video Albums agrees to make every provision possible to incorporate the client's suggestions and ideas into the video.  The client is to make all design and editorial suggestions prior to shipment.  After the client has received the video, changes can be made free of charge only (1) if Precious Memories Video Albums failed to meet the specifications given by the client prior to shipment (2) names, dates, quotes are incorrect according to the order form filled out by the client. 

The client is responsible for numbering each photograph for the purpose of specifying the order in which they are to appear. Precious Memories Video Albums will make every attempt to place the photos in the exact order requested, but does not guarantee the exact order specified. Precious Memories Video Albums assumes the right to alter the order requested 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, Precious Memories Video Albums will attempt to categorize the photos chronologically.  In this case, Precious Memories Video Albums is not responsible for photos that appear in the incorrect order.

Every possible attempt is made to include every photo sent to us.  However, Precious Memories Video Albums does not 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, Precious Memories Video Albums reserves the right to eliminate photographs from the video album.  Photos considered to be obscene or offensive will not be included. Precious Memories Video Albums also reserve the right to crop, color correct, or retouch any photograph used in the presentation to increase visual appeal.  Precious Memories Video Albums 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. 

Precious Memories Video Albums agrees to make every attempt possible to verify all information given by the client in the online 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 incorrect information is included in the video album as a result of incorrect information provided in the order form (e.g. misspelled name, incorrect date, wrong background choice, 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 Precious Memories Video Albums to be corrected and returned (standard shipping applies). 

PAYMENT
Precious Memories Video Albums will not begin work on  the client's video until full payment is received unless otherwise agreed upon with a Precious Memories Video Albums 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.   Full payment must be received before the video album is delivered with no exceptions.  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 Precious Memories Video Albums representative. All photographs and music selections will be returned to the client only after full payment has been received.    With this in mind, clients must plan accordingly.

COPYRIGHT
The Copyright of all video album designs is retained by Precious Memories Video Albums.  Reproduction by video or any other means is prohibited.  Original files remain the property of Precious Memories Video Albums and may be used for advertising, display, or any other purpose seen appropriate.  In return, Precious Memories Video Albums agrees to use the same in good faith and in good taste. 

All music used in our video albums is copyrighted material by which Precious Memories Video Albums does not hold copyrights.  By submitting an order form and agreeing to Precious Memories Video Albums terms of service, clients agree that they have purchased and possess their own original copy of all music used in their video. Under copyright law, customers may then display their video album for personal family and friends. Mass production of a video album is strictly prohibited without purchasing the additional copyright licensing per song used.

Regarding professional portraits: Professional photographers hold all copyrights to their images, and must agree to their use in your video album.  It is the sole responsibility of you, the client, to obtain any agreement with any professional photographer prior to submitting such work to Precious Memories Video Albums.  Precious Memories Video Albums will assume such agreement has been established and assumes no legal responsibility for the failure of you, the client, to do so.  Precious Memories Video Albums will not remove or alter the logos of professional photographers appearing on any photo.  If your photographer has questions or concerns, they may contact us directly.  Precious Memories Video Albums will be happy to make arrangements with the photographer and will include their company logo at the end of the video album if requested.

SHIPPING & HANDLING
A shipping and handling fee of $20* will be added to the video album price.  Overseas shipping rates will be added in addition to the $20 shipping and handling fee* for all overseas sells.  If overnight shipping is required as a result of late payment by the client or a last-minute order, an additional charge of $10 will be added, bringing the shipping and handling total to $30* for US residents.  Additional overseas rates also apply.

*$20 shipping and handling fee may be waived on orders over $100.

Risk of loss will be on the purchaser.  Shipping insurance is recommended but is optional.  Any insurance requested by the client will cost the client only the actual charge of insurance.

SCANNING
Clients may scan their own photos or request that Precious Memories Video Albums scan them. Precious Memories Video Albums will scan all photographs for just $0.25 (twenty five cents) per photo.  However, this fee may be waived on orders over $100.

Warranties
Precious Memories Video Albums products and service are sold "as is" and Precious Memories Video Albums expressly disclaims all warranties, whether express or implied, including but not limited to any implied warranty of fitness for a particular purpose.  Precious Memories Video Albums does not assume or authorize any other person to assume on the behalf Precious Memories Video Albums, any liability in connection with the sell of it's products.

EXTENUATING CIRCUMSTANCES
The due performance of this agreement is subject to alteration or cancellation by Precious Memories Video Albums owing to any cause beyond their control. Precious Memories Video Albums takes the utmost care in respect to processing, designing, and transporting client’s video albums.   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 video from being shipped on time, Precious Memories Video Albums' liability shall be limited to a full refund of all money paid for the event package. Precious Memories Video Albums is not responsible for videos lost during shipment or videos that do not arrive on time due to mishandling during shipment. In the event that a video is damaged during the shipping process, Precious Memories Video Albums will ship a new video to the client (at no additional cost) upon the client's return of the damaged video.

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 Precious Memories Video Albums in writing.