Terms Of Conditions
Preserve the stories of your old photos with photo
restoration that brings back their former glory.
The Agreement
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Repair Memories LLC , doing business as Repair Memories ("Repair Memories," "we," "us," or "our"), concerning your access to and use of the https://repairmemories.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
Products
The Website allows you to order photo restorations for a fee, and we reserve the right to sell other related services such as but not limited to enhancements to your order, as may be described on the website. We may add, remove or modify Services from time to time.
Changes to Your Photo Restoration
You are entitled to one (1) free revision to address the changes you want to have on your photo. However, changes shall only include minor changes. Every other change comes with a fee/charge except when the mistake is committed from our end without your participation. Changes beyond the scope of the free revision shall be paid separately. In case you want to have extended revisions other than one, you shall pay a flat rate of $20 per revision. In the case you purchased our unlimited revisions offer, a fair use policy of up to 5 revisions applies.
Refunds Policy
All orders are backed by a 100% money-back guarantee in the case we cannot perfectly restore your photo. There is no risk to you, either you received a perfectly restored photo, or your money back. Please note that a refund will only be issued under the following two conditions:
We did not ship you the physical prints yet. If you ordered prints alongside your restoration, we will send you the digital restored photo first for approval before shipping them out. After you approve your restoration & we ship your physical prints, there are no refunds unless there is an issue with the prints or delivery, in which case we will reship your order free of charge.
We exhausted our revision possibilities. We will issue you a refund only after we have done everything we could to make your photo look like how you envision. Those revisions will not be subject to our usual revision fees – free of charge.
If you picked the "send later" option on the upload page, you can still get a refund up to 60 minutes after you placed your order. After that period of time, no refunds will be granted.
Please note that our fees are subject to change without notice.
In the event that you or another person on your behalf opens/commences any Paypal dispute, credit card processor dispute, or other similar dispute in relation to the payment of the Fee, you agree to close or withdraw such dispute within 24 hours of us providing you, Paypal or any other relevant provider ("Payment Provider") with evidence that we have sent you the Product. In the event you do not close or withdraw such dispute, you hereby authorize and direct the Payment Provider to close/withdraw the dispute on the provision of these terms and conditions by us to the Payment Provider along with a copy of the delivery of the Product by us to you. You hereby indemnify us for any loss or damage suffered by us as a result of your failure to comply with your obligations under this clause. You are entitled to the number of revisions as stated on the Website in respect of the Product purchased by you.
Deliver Delays
When you purchase our priority delivery service, you are guaranteed to be sent the finished digital restoration within 24 working hours of us confirming the order. Please note that on Saturdays and Sundays, no photos are sent out. If you added prints to your order, those are sent at our standard delivery speed. It might take up to 4-10 days to receive your prints physically in the mail, even if you purchased our priority service.
Purchases and Payments
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Ownership of the Product
You understand and agree that you shall be the sole owner of the photo restorations created in your order. Sole ownership shall pertain to the final product, which includes all files issued to your order. In case you want to make further changes that are already beyond the scope of our free revision policy, you shall separately pay for extra charges on available changes.
However, We reserve the right to use the Repair Memories photo restorations created in your order in marketing our services. If you do not wish that, please state that by replying to your order confirmation email.
The foregoing provisions and all other provisions pertaining to your Repair Memories photo restoration shall also apply when you opt to have your photo be restored by our senior restoration artists for an extra cost.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (4) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Engage in unauthorized framing of or linking to the Site. The trick, defraud, or mislead other users and us especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Attempt to impersonate another user or person or use the username of another user. Use any information obtained from the Site in order to harass, abuse, or harm another person. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Delete the copyright or other proprietary rights notice from any Content. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use the Site in a manner inconsistent with any applicable laws or regulations.
Email Marketing Consent
By placing an order with us, you are agreeing to receiving transactional as well as marketing emails from us. If you wish to unsubscribe, you can do so by clicking the "Unsubscribe" text at the bottom of one of the emails we send you.
Contribution License
You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Contents
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.