Creative Memories Photo Center

Thank you for visiting Creative Memories at cmphotocenter.com. Before you use the Creative Memories Photo Center Service please read the Terms & Conditions. By using the cmphotocenter.com Web site (the “site”), you agree to comply with the Terms & Conditions.

Creative Memories reserves the right to modify the Terms & Conditions from time to time. Also, Creative Memories may terminate or suspend a Creative Memories Photo Center account if the account holder violates any section of the Terms & Conditions.

Statement of Service – Creative Memories is pleased to provide its Creative Memories Photo Center Service for the purpose of storing, sharing and printing your photos. You may create your own personal Creative Memories Photo Center account where you can upload and organize your photos.
Service Provider – The Creative Memories Photo Center is operated by Creative Memories, a division of The Antioch Company. The Antioch Company is incorporated in the State of Ohio and Creative Memories’ principal place of business is 3001 Clearwater Road, Saint Cloud, MN 56301.
Privacy – Creative Memories is committed to the privacy of individuals who browse the cmphotocenter.com site and those that provide personally identifiable information when creating a Creative Memories Photo Center account. Please refer to the Privacy Policy for further details.
Use of the Creative Memories Photo Center Service – You may not use the Creative Memories Photo Center Service for the following purposes:
1. to upload, store, share, print or communicate any images or materials that are obscene, pornographic, vulgar, abusive, threatening, profane, an invasion of privacy or publicity rights, illegal or otherwise objectionable;
2. to upload, store, share, or print any images that you do not have the right to disseminate under any rights of privacy, publicity, or copyrights without express permission of the owner of these rights and the consent of the individuals depicted in the images;
3. for any purpose that is unlawful or deceptive or to encourage conduct constituting criminal behavior, including to harm minors in any way;
4. any use of materials that contains destructive codes such as viruses, worms or any other programs designed to damage or provide unauthorized access to the Creative Memories Photo Center Service which may cause defect, disruption, or malfunction of the Creative Memories Photo Center Service;
5. any unsolicited junk mail or other activity that may interfere with or disrupt the Creative Memories Photo Center Service or the networks through which you access and use the Creative Memories Photo Center Service;
6. and provide any false or misleading information regarding your identity or address.
Creative Memories will decide at its own discretion whether your actions have violated any of the provision set out in the Terms & Conditions, which may result in either resulting in a termination of your Creative Memories Photo Center account. Creative Memories may also refuse to fulfill any order or part of an order if to do so may be illegal, may breach the Terms & Conditions, may violate the rights of any third party or is otherwise objectionable to Creative Memories. You agree that we are not liable to you or any third party for any such non-fulfillment. Creative Memories disclaims any liability for the content of any submission. Although Creative Memories employs a back-up system, you are responsible for storing back-ups copies of images uploaded to cmphotocenter.com.
Copyright Interest – Creative Memories respects the copyright interests photographers have in their work. Every account holder is required by United States law to own the images they upload and print. If you feel that your proprietary interests have been violated through use of the Creative Memories Photo Center Service, please contact us at the following address with the applicable circumstances:

Customer Service
Attn: Copyright Protection
Creative Memories
PO Box 1839
St Cloud, MN 56302-1839

Email: cmwebmaster@creative-memories.com

By expressly sharing your images with others, you are granting permission for the recipients to share and print your copyrighted work. For the purposes of providing you with any requested Creative Memories Photo Center Service you grant Creative Memories a non-exclusive, royalty-free license to use, copy, distribute and display your images.
Signing Up & Account Maintenance – To create a complimentary Creative Memories Photo Center account you must be 18 years or older. You will be required to provide personal contact information when creating a Creative Memories Photo Center account. All contact information provided must be complete and accurate, and you are responsible for keeping such information current. You have sole control of your account with a personal password that you produce when signing up. You are responsible for keeping your personal password secure and confidential. From time to time Creative Memories may need to access your account for maintenance purposes, to enhance its Creative Memories Photo Center Services, or to comply with a legal request.
Pricing & Shipment – All prices displayed on cmphotocenter.com are correct at the time they are posted, and prices displayed at the time of the order will prevail. You bear the risk of loss and title on all products shipped to you, pursuant to placing an order, when Creative Memories delivers your order to the carrier. Creative Memories will deliver to the address you specify to Creative Memories at the time you place your order. Any delivery dates specified on cmphotocenter.com are intended to merely be estimates.
Return Policy – Creative Memories guarantees the quality of every print we produce and mail to you. Same for our photo-related products. If you are not completely satisfied with the quality of your order, please contact us via phone 1-877-932-8419 or email customerservice@cmphotocenter.com within 30 days from the date your order is shipped, and we will either send you a replacement or issue a refund for the products in question. The following are important exceptions to our customer satisfaction guarantee:
1. a poor image you selected for a reprint, greeting card or gift that does not meet the minimum recommended resolution and results in a poor quality image.
2. submission of incorrect or misspelled information to be printed on your greeting card, calender or gift.
3. sequence of calendar pages are out of order and you requested that sequence.
Inactive Accounts & Termination – An active member is defined as someone who has purchased a product at cmphotocenter.com (prints cards calendars or gifts) at least once within a period of 365 days. If a member becomes inactive, Creative Memories Photo Center will e-mail the member to ask if they want to continue to participate as an active member. If a member chooses to become inactive, Creative Memories Photo Center may terminate the membership/account and remove all information, communications, postings, albums, image files or any other content within the Creative Memories Photo Center Service.
Copyright/Trademark Notice – The mark Creative Memories and all brand, product and service names used in this Creative Memories Photo Center Service that identify Creative Memories or The Antioch Company are protected trademarks in U.S. Patent and Trademark Law and International Trademark and Intellectual Property Laws and Treaties. Unauthorized use of any trademarks is strictly prohibited. All other trademarks, company names or company logos, as used or referenced in the site, are the property of their respective owners.

All site information, design, text, layout, graphics and the selection and arrangement thereof, Copyright © 2006, Creative Memories, ALL RIGHTS RESERVED. You are authorized to view, download and print portions of the site solely for your personal and noncommercial use. Any other use of materials on this site, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without the prior written permission of Creative Memories, is strictly prohibited.

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this site.
Linking – Linking to the cmphotocenter.com site is permissible, provided that the link is only to the cmphotocenter.com home page, you do not remove or obscure, by framing or otherwise, the copyright notice in the site, you provide notice of such link to creativememories.com, and you discontinue providing the link if notified.

Any links to external Web sites contained in the site are not under the control of Creative Memories, and Creative Memories is not responsible for the content of any linked site.
Idea Submission Statement – Any ideas, proposals, and/or other information submitted or collected on this site shall be considered non-confidential. By submitting information to this site, or directly to Creative Memories, you agree that Creative Memories shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and Creative Memories may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner. This section does not apply to any personal photos or StoryBooks uploaded to this site.
Indemnity – You agree to indemnify Creative Memories and its associate companies, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Creative Memories Photo Center Service from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Creative Memories Photo Center Service, your use of the Creative Memories Photo Center Service, your violation of these Terms & Conditions, or your violation of any rights of another.
Governing Law – The site is controlled by Creative Memories from its office in the state of Minnesota. No matter where you access the site, you, by using this site, agree that the laws of the state of Minnesota, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this site and any of the information contained therein.
Disclaimer and Limitation of Liability – YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Creative Memories Photo Center SERVICE IS AT YOUR SOLE RISK. THE Creative Memories Photo Center SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE MEMORIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREATIVE MEMORIES MAKES NO WARRANTY THAT THE SITE OR Creative Memories Photo Center SERVICES WILL BE SECURE, ACCURATE, TIMELY, UNINTERRUPTED, OR ERROR FREE. CREATIVE MEMORIES DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Creative Memories Photo Center SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE MEMORIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVE MEMORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
General – These Terms & Conditions constitute the entire agreement between Creative Memories and you with respect to your use of the Creative Memories Photo Center Service. Any modifications to the Terms & Conditions will apply to you if you continue to use the Creative Memories Photo Center Service after adopted. Creative Memories failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.

If you have any questions or concerns regarding the Creative Memories Photo Center Service, please contact us by email at cmwebmaster@creative-memories.com.

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