Terms and Conditions
By engaging with Your Photos Forever, also known as “Our Company”, and the Client and/or Customer, also known as “You”, acknowledge that this is a binding legal agreement between Your Photos Forever, You, and All Users of the products and services produced by Our Company.
You agree and understand that You are giving Your Photos Forever permission to scan, edit, and use your photographs and other content as part of the production of the movie, DVD, or video file. If the photos used include copyrighted materials, You indemnify and hold harmless Your Photos Forever (the Company, its owners, employees, and any other related party) from all costs and expenses resulting from a claim or demands made by any third party that infringes upon any Copyright law and also, resulting from any and all claims inconsistent with Customer’s representation or warranties. Your Photos Forever assumes that music, video, or photographic materials were either created by You, or You have the right to permit Your Photos Forever to duplicate the materials. Your Photos Forever also assumes You have been granted permission of the copyright owner to duplicate any and all materials and when asked, a written release form can be provided.
Subject to any content rights held by third parties, You shall exclusively own and control the final, edited DVD/Movie/Video, also known as “the product” and may use it for any non-commercial purpose whatsoever. The product rights granted to You shall extend throughout the universe, and shall be effective for perpetuity from the date of receipt of the product. However, if the content within the product is owned or controlled by third-parties, including without limitation, photos, videos, or music, your right to reproduce and disseminate the DVD/Movie/Video, or any portions of it, may be subject to limited copyright usage licenses or restrictions. If it applies, Your Photos Forever will review all content restrictions with you.
Customer understands, however, that it is not legal to make unauthorized copies or reproductions of the original produced product DVD or digital file for the purposes of manufacturing, distributing, selling, renting, leasing, and licensing audio-visual products incorporating the product we’ve developed, which includes DVD’s or any other digital product, in any other technology now known or in the future devised.
Your Photos Forever is not responsible for late, lost, misdirected, or damaged packages through the US Postal Service, or any other delivery service used.
When You place an order through Our Company, You acknowledge that You understand You will be added to our email contact list, and will receive occasional updates, newsletters, promotions, and specials in your inbox. You understand that You are free to opt out of this service at any time, by written request.
In the event you do not choose to deliver to us content materials electronically or in person, you agree to pay standard shipping costs as quoted by the shipping carriers you’ve chosen to engage with.
You grant Your Photos Forever the non-exclusive right to use your name, biographical material and other customer content in connection with the creation of the product, for any and all promotional and advertising purposes associated with our company. You understand that You have the right to deny us permission to use your DVD/Movie/Video in future marketing campaigns at any time, by written request.
All services are pre-paid. All sales are final. Refunds are available only for a period of 24 hours after placement of order, if work has not begun on your project. We encourage communication about the quality of the production, welcome all feedback, and will work with You for your complete satisfaction; however, due to the creative nature of our services, we do not provide any money back guarantees.
Your Photos Forever reserves the right to refuse to include any content in any production for any purpose that might violate the rights, including copyrights or trademarks of any third party.
Some content not exclusively owned or controlled by You may need to be cleared for legal usage by Your Photos Forever in your DVD/Movie production. Customer understands that they are exclusively liable for all costs associated with obtaining such clearances or licenses.
Your Photos Forever assumes content provided by Customer does not infringe upon any rights of any photographer, videographer, illustrator, trademark holder, musician, publishers, songwriters, or any other party, including but not limited to, the rights of copyright, trademark, contract, defamation, privacy, or publicity rights and will not result in Your Photos Forever or any other related party, becoming liable for infringement or payment of damages, or any other fees, regarding the inclusion of their work in the DVD/Movie/Video of Customer’s content.
This agreement shall be interpreted according to the laws of the State of Oregon. The parties agree that exclusive jurisdiction and venue of any actions arising out of this agreement or relating to the breach at enforcement shall lie in the Courts of Multnomah County of the State of Oregon, or the United States District Court for the State of Oregon.
If either party is required to seek legal assistance to enforce any provision of this agreement, the non-prevailing party, as determined by an applicable court of law or arbitrator, agrees to pay all reasonable court costs, necessary disbursements and attorney’s fees incurred by the prevailing party. This includes any related appeals, as fixed and allowed by the court.
If any paragraph or provision of this agreement be held to be void, invalid or inoperative, such decision shall not affect any other paragraph or provision, and the remainder of this agreement shall be effective as if such void, invalid or inoperative paragraph or provision had not be contained within it.
Having read and understood, you acknowledge that you AGREE and ACCEPT the terms of this agreement prior to engaging with and transacting business between yourself, and Your Photos Forever.