Terms of Service

These Terms of Service (the “Terms”) are the agreement between you and MemoryCherish LLC for our hand-done photo restoration and colorization service. This page also gives a plain-language summary at the start of each section so it is easy to read. The summaries are for convenience only; the full legal text of each section is what controls if there is ever any difference between the two.

Please read these Terms carefully before placing an order. You become bound by these Terms only when you affirmatively accept them at the time you order, by checking the box next to the linked Terms at checkout on our order website, or by signing the order form we provide for a mail-in order (see Section 1.3). Simply browsing our website does not make you a party to these order Terms.

IMPORTANT, PLEASE READ. SECTION 15 (DISPUTE RESOLUTION & ARBITRATION) CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER. Except for the limited matters described there, these affect how disputes between you and MemoryCherish are resolved and require them to be brought on an individual basis rather than as part of a class or representative action. You may opt out of arbitration within 30 days, by email or mail, as explained in Section 15.7. Sections 11 (Limitation of Liability) and 12 (Disclaimer of Warranties) also limit our liability to you, and Section 4.7 explains an optional added-protection choice for a mailed-in original. Nothing in these Terms is intended to take away any right or remedy you have that cannot lawfully be waived under applicable consumer-protection law.

What’s in these Terms

1. About This Agreement
2. Eligibility & Age
3. Our Services
4. Your Photos & Materials
5. Shipping & Handling
6. Pricing, Payment & Orders
7. Refunds & Our Satisfaction Guarantee
8. Intellectual Property & Licenses
9. Acceptable Use & the Website
10. Electronic Communications & Marketing Consent
11. Limitation of Liability
12. Disclaimer of Warranties
13. Indemnification
14. How to Report Problems & File Claims
15. Dispute Resolution & Arbitration
16. General Terms
17. State-Specific Consumer Notices
18. Accessibility
19. Copyright Complaints (DMCA)
20. Changes to These Terms
21. How to Contact Us

1. About This Agreement

In short: We are MemoryCherish LLC, a Wyoming company that restores and colorizes photos by hand. You become bound by these Terms when you affirmatively accept them at checkout or by signing a mail-in order form, not just by browsing. We may update these Terms, and changes apply going forward, to new orders, not backward to an order you already placed.

1.1 Who We Are

This website and service are operated by MemoryCherish LLC (“MemoryCherish,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of Wyoming, with a registered and mailing address of 30 N Gould St, Sheridan, WY 82801, United States. You can reach us at support@memorycherish.com or +1 (307) 218-6920.

1.2 What This Agreement Covers

These Terms govern your use of: (a) our website at memorycherish.com and our order website at order.memorycherish.com (together, the “Site”); (b) the hand-done photo restoration, repair, and colorization services we provide (the “Service”); and (c) any digital files, prints, or other products we deliver to you (the “Deliverables”). “You” and “your” mean the person who accepts these Terms and orders the Service. These Terms incorporate by reference our Privacy Policy, our Refund & Returns Policy, and our Accessibility Statement, and any order-specific terms shown at checkout; the material terms of our satisfaction guarantee are also stated directly in Section 7 so you do not have to look them up elsewhere.

1.3 Your Acceptance (How You Agree)

You accept these Terms by an affirmative act, and we keep a record of that acceptance:

• Orders placed online. On our order website, you accept these Terms by checking the box, or clicking the button, next to a conspicuous, clearly labeled link to these Terms at checkout. We record the date, order, and version of the Terms you accepted.
• Mail-in orders. If you order by mail, you accept these Terms by signing (on paper or electronically) the order form or acceptance we provide, which references and includes these Terms. We do not treat the mere act of mailing us a physical photo, by itself, as your agreement to these Terms; your agreement is captured by the signed order form.

Merely visiting or browsing our public marketing website, without placing an order and without otherwise affirmatively agreeing, does not by itself make you a party to these order Terms, although your use of the website is subject to the website-use rules in Section 9 and to our Privacy Policy. If you are ordering on behalf of another person (for example, as a gift, or for a family member or an estate), you represent that you are authorized to accept these Terms and to submit the photo on that person’s behalf. If you do not agree to these Terms, do not place an order.

1.4 No Account Required

You do not need to create an account or set a password to order from us. Orders are placed on our order website using the information you provide at the time of your order, such as your name, email address, and payment details. Because there is no account, we capture your agreement to these Terms at the time of each order as described in Section 1.3, and your 30-day arbitration opt-out window (Section 15.7) runs from that recorded acceptance date. You are responsible for providing accurate contact information and for the accuracy of everything you submit with your order.

1.5 Changes to These Terms

We may revise these Terms from time to time; the process is described here and consolidated in Section 20 (the two are meant to be read together). When we make a change, we post the updated Terms on this page and update the “Last updated” date. Changes apply prospectively, to orders you place after the change’s effective date, and do not retroactively change the version of the Terms that governed an order you already placed, which continues to be governed by the version you accepted for that order. For any material change, we will give advance notice at least fourteen (14) days before it takes effect, by email if we have your address from a recent or open order, or by a conspicuous notice on the Site. If you do not agree to a material change, your remedy is simply not to place a new order under the changed Terms; you may also reject material changes to the arbitration provisions under Section 15.9. Placing a new order after a change’s effective date is how you accept the then-current Terms for that order. We maintain a dated version history, available on request at support@memorycherish.com.

2. Eligibility & Age

In short: You must be at least 18 years old and able to enter a binding contract to order from us. Our Service is meant for adults.

To place an order or use the Service, you must be at least 18 years old (or the age of legal majority in your place of residence, if higher) and able to form a legally binding contract under applicable law. The Site and Service are intended for adults and are not directed to children. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian, and you may not place orders. By ordering, you represent and warrant that you meet these requirements. If we learn that an order was placed by someone who does not meet these requirements, we may cancel the order and refund any amount paid. For information about how we handle photographs that may depict children, see Section 4.8 and our Privacy Policy.

3. Our Services

In short: Real human artists in the USA restore and colorize your photos by hand, we direct all of the work and we do not generate synthetic people or invent faces. We stand behind our work with a money-back satisfaction guarantee and free revisions until you are happy. Most orders are finished in about a day to a few business days. Because every photo is different, we cannot promise a specific result, but we can promise to make it right or refund you.

3.1 What We Offer

MemoryCherish provides a hand-done photo restoration and colorization service. Our skilled human artists, working in the United States, manually repair, retouch, restore, and (where requested) colorize photographs. Depending on your order, we may repair cracks, tears, water damage, fading, stains, and missing areas; improve clarity, contrast, and color; remove blemishes; and add historically plausible color to black-and-white or faded images. We deliver a restored digital file to you by email and/or download. Optional physical prints and the return of mailed-in original photographs are available for an additional charge where offered.

3.2 Hand-Done Work, Directed by Human Artists

Our restorations and colorizations are performed and directed by human artists in the United States, using professional image-editing tools and their own skill, judgment, and hand-work. We do not generate synthetic images of people, we do not create AI-generated art in place of your photo, and we do not invent a face, a person, or a likeness that is not present in your source image. We work from what is actually in your photo, recovering and enhancing detail that exists rather than fabricating a new subject. Where part of an image is missing so badly that a portion must be reconstructed by the artist’s reasonable interpretation (for example, a torn-away corner or a badly damaged background), that reconstruction is a good-faith artistic estimate, not a factual reproduction of the original scene. Colorization reflects the artist’s informed interpretation of likely colors and is not a claim about the exact historical colors of the subject. To the extent any ordinary assistive software feature is used in the course of this human-directed work, it is used as a tool under the direction and review of our artists and does not change the fact that we do not synthesize people, and we do not use your photos to train any artificial-intelligence or machine-learning model (see Sections 4.8 and 8.2).

3.3 Our Satisfaction Guarantee

We offer a “Love It or Your Money Back Guarantee.” If you are not satisfied with your restoration, we will provide free revisions to make it right, and if you are still not satisfied, you may request a 100% refund of the amount you paid for the affected order, returned to your original payment method (a cash refund, not store credit). This guarantee, together with free revisions, is your primary and exclusive contractual remedy for dissatisfaction with the artistic result of the Service, in addition to, and without limiting, any rights you have under law that cannot be waived. Its material terms are stated in full in Section 7.

3.4 Revisions

We provide revisions to your completed restoration at no additional charge until you are satisfied, subject to reasonable, good-faith use. In practice this means: (a) a revision is an adjustment to the work performed on your original order (for example, changing color tones, adjusting brightness or contrast, or refining a repair); (b) we will complete reasonable revision rounds to meet your expectations, and we ask that each request identify the specific changes you want so we can deliver them; and (c) revisions do not include restoring a different photo, adding services that were not part of your original order, or changes that the source image cannot reasonably support. We will not deny a good-faith revision request. The “reasonable, good-faith use” limit exists only to prevent abuse, for example, repeated open-ended, contradictory, or off-topic requests unrelated to the work on your original order, and is not a way to cut off legitimate efforts to make your restoration right.

3.5 Processing Times

Typical turnaround is approximately 24 hours to a few business days from the time we have everything we need to begin (including a usable image and completed payment). Turnaround times are good-faith estimates, not guarantees, and can vary with order volume, the complexity and condition of your photo, the services requested, revision rounds, mail transit for physical items, holidays, and events outside our control (see Section 16.4). A delay by itself is not a basis for a refund beyond the remedies in Section 7, except as required by law.

3.6 Source Condition & Results

Photo restoration is skilled manual work, and the outcome depends heavily on the condition, resolution, and content of the source you provide. A higher-quality source generally allows a better result. We will apply professional skill and care, but we do not guarantee any specific outcome beyond the satisfaction and refund remedy in Section 7. If a photo is too damaged, too low-resolution, or otherwise unsuitable for the result you want, we will tell you and, where appropriate, offer to refund the affected order.

4. Your Photos & Materials

In short: When you mail us an original photo, we hold it in trust and treat it with care, but original photos are fragile and sometimes irreplaceable, and things can go wrong in the mail or in handling. Please keep a copy and, whenever you can, send a scan instead of your only original. You can choose optional added protection for a high-value original (Section 4.7). You also confirm you have the right to submit the photo, and we explain how we handle images that show people’s faces.

4.1 The Bailment Relationship (Mailed-In Originals)

When you mail an original physical photograph or other material to us, you are entrusting it to us as a bailment, you remain the owner, and we hold your original temporarily and solely to perform the Service and (if you have paid for return) to return it to you. We accept the duties of a bailee for hire and will use commercially reasonable care in handling, storing, and returning your original while it is in our possession. This bailment begins only when your material is actually received by us and ends when we deliver it to a return carrier or otherwise return it to you.

4.2 Our Care Standards

While your original is in our possession, we will store it in a reasonably secure location, handle it with care appropriate to a fragile item, and take commercially reasonable steps to keep it from being lost, misplaced, or damaged. To perform the restoration, we typically scan or photograph your original and work on the digital copy; we do not alter, cut, laminate, or chemically treat your physical original unless you have specifically requested and paid for a service that requires it and have agreed to the associated risk.

4.3 What We Cannot Guarantee

Original photographs, especially old, antique, or previously damaged ones, are inherently fragile and may be irreplaceable. Despite our care, some risks cannot be eliminated: an old photo can crack, flake, curl, stick, discolor, or deteriorate simply from age or handling; adhesives, mounts, or prior repairs can fail; and items can be lost or damaged in transit by a shipping carrier, which is outside our control. We cannot guarantee that a mailed-in original will be free from loss or damage, and we cannot guarantee the recovery or replacement of an original that is lost or damaged. Our liability for loss of or damage to your original that is caused by our failure to use reasonable care is addressed in Section 4.7 (your added-protection choice) and Section 11.1. Importantly, those liability limits do not apply to loss or damage caused by our gross negligence, recklessness, willful misconduct, or conversion, which are governed by Section 11.3.

4.4 Your Responsibilities, Keep a Copy

Before you send us anything, make a copy. Whenever possible, send us a high-quality digital scan or photograph of your image rather than the physical original, or at least keep your own copy. Please do not send us your only copy of an irreplaceable photograph unless you understand and accept the risks described in this Section 4 and in Section 11, and consider the optional added protection in Section 4.7. You are responsible for packaging mailed items safely (for example, using a rigid mailer and protecting the photo), for choosing a shipping method (including any tracking or insurance you want), and for the risk of loss or damage in transit to us (see Section 5).

4.5 Acknowledgment of Risk

By mailing an original to us, you acknowledge the risks described in this Section, you confirm that you have kept a copy or have made an informed decision not to, and you agree that the limitations in Section 11 apply as written (including the important carve-outs in Section 11.3, which are not limited). If these risks are not acceptable to you, please submit a digital copy instead of the physical original, or elect the added protection in Section 4.7.

4.6 Your Rights to the Photo & Content

You represent and warrant that, for every photo or other material you submit: (a) you own it or have all rights, licenses, consents, and permissions necessary to submit it to us and to authorize us to restore, colorize, reproduce, print, and return it as part of the Service; (b) doing so does not and will not infringe or violate the copyright, privacy, publicity, moral, contractual, or other rights of any person; and (c) the content is lawful. You are solely responsible for the content of what you submit. You agree not to submit any image that is unlawful, that depicts child sexual abuse material or the sexual exploitation of a minor, that is obscene, or that you do not have the right to submit. We may refuse, cancel, or stop work on any order and, where legally required, report content that we reasonably believe is unlawful. Your indemnity for third-party claims arising from your submissions is set out in Section 13.

4.7 Your Choice, Standard Handling or Optional Added Protection

Because some originals are irreplaceable and have little or no market value, we give you a real, priced choice about how much protection to place on a mailed-in original. When you elect to mail us an original, you may choose either:

• (a) Standard handling. We handle your original with commercially reasonable care, and our liability for loss of or damage to it caused by our failure to use reasonable care is limited as described in Section 11.1(a); or
• (b) Optional added protection (declared value). Where offered, you may pay an additional added-protection fee and declare a value for your original, up to the maximum we make available at intake. If you do, our liability for loss of or damage to that original caused by our failure to use reasonable care will be up to the declared value you selected and paid to protect (and not more), as described in Section 11.1(b).

We present these options conspicuously at the point you choose to mail an original, so the applicable limit reflects a fair opportunity to choose. The added-protection fee is not insurance; it reflects the additional care, handling, and risk we agree to assume. Whichever option you choose, the limits in Section 11.1 never apply to loss or damage caused by our gross negligence, recklessness, willful misconduct, or conversion, which are governed by Section 11.3.

4.8 Photos of People, Faces & Children

Photos you submit may show identifiable people, including their faces, and rarely may include sensitive context. We treat these images with care. We use your photos only to perform and improve the Service as described in Section 8 and our Privacy Policy, and we do not sell your photos. We do not extract, generate, or store faceprints, facial-geometry templates, or other biometric identifiers from your photos; we do not use facial-recognition technology to identify the people in them; and we do not use your photos to train, develop, or improve any artificial-intelligence or machine-learning model. If a photo depicts a child, you confirm that you are the child’s parent or legal guardian or otherwise have the authority to submit it. How we store, retain, and delete your photos, and how we handle images that may show children or sensitive context, is described in our Privacy Policy, and notice about our collection of this information is provided at the point you place your order.

5. Shipping & Handling

In short: If you mail originals to us, the risk during shipping to us is yours, pack carefully and consider tracking and insurance. We handle items with care while we have them, and we will not simply throw away your original: if you did not buy return shipping, we hold it, then notify you and give you a chance to get it back before anything else happens (Section 5.4). Digital files stay available to download for a defined period.

5.1 Sending Materials to Us

If your order involves mailing a physical photo or other material to us, you are responsible for properly packaging and shipping it to the address we provide for your order. We recommend a trackable and, where available, insured shipping method and protective, rigid packaging. Until your material is physically received by us, the risk of loss or damage in transit is yours, and we are not responsible for items that are lost, delayed, or damaged by a carrier before they reach us, or for items sent to the wrong address.

5.2 While in Our Possession

Once we receive your original, we hold it under the bailment terms in Section 4 and handle it with commercially reasonable care until we return it or, if you did not purchase return shipping, until the retention process in Section 5.4 applies. We will let you know if there is an issue with an item we receive.

5.3 Return Shipping

Return of a mailed-in original is available only if you have selected and paid for return shipping, where offered. If you have, we will return your original to the address you provide using a commercially reasonable method after your order is complete. You are responsible for giving us a correct, complete return address. Once we hand your item to a return carrier, the risk of loss or damage in transit passes to you, and carrier terms and limitations apply.

5.4 If You Did Not Purchase Return Shipping, Retention & Disposal

We do not immediately dispose of your original. If you did not purchase return shipping, we securely retain your original for at least ninety (90) days after your order is completed. Before that period ends, we will send at least one notice to the email address on your order telling you your original is available and giving you a reasonable opportunity, at least thirty (30) days from that notice, to request its return, which you can arrange by paying the applicable return-shipping cost. We will not knowingly destroy an irreplaceable original without first providing this notice and opportunity. You may contact us at any time during the retention period to arrange return of an original we still hold. Only if you do not respond and do not arrange return after the retention period and after notice have passed do you authorize us to securely store, return, recycle, or destroy the original, and even then we will prefer secure retention or return over destruction wherever practical, and we will handle the item consistent with any applicable abandoned- or unclaimed-property law. Our current retention practice is described further in our Privacy Policy and Refund & Returns Policy.

5.5 Carrier Limitations

Shipping is performed by third-party carriers (such as the U.S. Postal Service or private couriers) whose services, timing, tracking, and liability are governed by their own terms. We do not control and are not responsible for the acts, delays, loss, or damage caused by carriers. Any recovery for carrier loss or damage in transit is subject to that carrier’s liability rules and any insurance you purchased. Our own liability for items while they are in transit is limited as described in Section 11, subject to the carve-outs in Section 11.3.

5.6 Digital Delivery

We deliver restored digital files electronically (by email link and/or download). You are responsible for providing a valid email address, for maintaining access to it, and for downloading and backing up your files promptly. We keep your restored digital file available for download for at least ninety (90) days after delivery, and, upon your request during a reasonable period after that, we will make commercially reasonable efforts to re-provide a file we still retain; please still download and back up your file promptly, because we cannot guarantee indefinite storage. We are not responsible for delivery failures caused by an incorrect address you provided, a full mailbox, a spam filter, or your device or connection.

6. Pricing, Payment & Orders

In short: Prices start around $38 per photo and are shown in your currency at checkout. Payment is due when you order, and it is handled by a secure third-party processor, we never see your full card number. If you pay for an order and we never receive a usable photo, you can get your money back (Section 6.6). We can correct obvious pricing errors and decline or cancel orders. You are responsible for any taxes.

6.1 Prices & Currency

Prices for the Service start at approximately $38 per photo (USD) and vary with the services you select (for example, restoration, colorization, prints, added protection, or return shipping) and any options or add-ons. Prices are shown on the Site and at checkout, and may be displayed in multiple currencies for convenience. If you pay in a currency other than U.S. dollars, the amount and any conversion or foreign-transaction fees are determined by your payment provider, not by us. Unless stated otherwise, prices do not include taxes or shipping.

6.2 Payment Methods & Processing

Payment is due at the time you place your order unless we expressly agree otherwise. We accept the payment methods shown at checkout. Payments are processed by reputable third-party payment processors. We do not collect or store your full payment card number; that information is handled by our payment processor under its own terms and privacy practices. By providing a payment method, you represent that you are authorized to use it and you authorize us (through our processor) to charge it for your order and any amounts you approve.

6.3 Order Acceptance

Your submission of an order is an offer to purchase. No contract for a particular order is formed until we accept it, which we may do by beginning work, sending an order confirmation, or delivering the Service. We may decline or cancel any order, or limit quantities, for reasons including suspected fraud, an unsupported or unlawful image, a pricing or product error, inability to perform the requested Service, or a violation of these Terms. If we cancel a paid order that we cannot fulfill, we will refund the amount paid for that order.

6.4 Pricing Errors

Despite our efforts, the Site may occasionally contain a pricing or description error. We are not obligated to honor an order placed at an obviously incorrect price. If we discover an error affecting your order, we may cancel the order and refund any amount charged, or contact you to offer the corrected price before proceeding, even if the order was already confirmed or charged.

6.5 Taxes

Prices shown may not include sales, use, VAT, GST, or similar taxes. You are responsible for any applicable taxes, duties, or governmental charges associated with your order, except for taxes on our net income. Where we are required to collect tax, it will be shown at checkout or added to your total.

6.6 “Send Later” and Deferred-Photo Orders

You may place and pay for an order before you have sent us the photo you want restored (for example, a “send later” order or a gift). If you do, your obligation to pay applies at the time of the order, and our obligation to perform begins once we receive a usable photo from you. We will not keep your payment for an order on which no work was performed and no usable photo was received. If you never send us a usable photo, or ask to cancel before we begin work, you may request a full refund of the amount you paid, returned to your original payment method. In addition, if we have not received a usable photo within twelve (12) months of your order, you may request a full refund at any time, and we will send at least one reminder to the email on your order before that period ends. Any unredeemed prepaid amount is also handled as described in Sections 7 and 16.9. These refund rights are in addition to the satisfaction guarantee in Section 7.

6.7 Gift Orders

If you buy the Service as a gift, you are the customer for that order, you are responsible for payment, and you are responsible for making sure the recipient can provide a usable photo and delivery details. The satisfaction guarantee and refund rights for a gift order belong to the purchaser unless we agree otherwise. Any gift certificate or prepaid credit you buy is subject to Section 16.9.

7. Refunds & Our Satisfaction Guarantee

In short: If you don’t love your restoration, we’ll revise it for free, and if you’re still not happy, you get 100% of your money back to your original payment method. The key terms, what it covers, how to ask, the request window, and the refund method, are all stated right here so nothing important is hidden in another document.

Our “Love It or Your Money Back Guarantee” is a 100% money-back satisfaction guarantee. So you do not have to look them up elsewhere, here are its material terms:

• What it covers: your dissatisfaction with the artistic result of your restoration.
• Free revisions first: contact us and we will provide reasonable revision rounds (Section 3.4) at no charge to make it right.
• Full refund if still unsatisfied: if you remain unsatisfied after revisions, you may request a 100% refund of the amount you paid for the affected order.
• How refunds are paid: to your original payment method, in the amount paid, a cash refund, not store credit.
• When to ask: please request your refund within sixty (60) days after we deliver your restored file. We will still consider later requests in good faith, and this window never shortens any legal right you have that cannot be waived (see Section 14.5).
• Fair use (anti-abuse only): the guarantee is offered in good faith for genuine dissatisfaction. We may apply reasonable limits only to prevent abuse, for example, a pattern of repeated order-and-refund activity that indicates bad faith rather than a real quality concern. These limits do not apply to a legitimate quality problem, and we will not use them to defeat the advertised promise.
• Mailed originals and prints: the refund covers the service fee you paid; return of a mailed-in original and any print handling are addressed in Section 5 and the Refund & Returns Policy.

This guarantee, together with free revisions, is your primary and exclusive contractual remedy for dissatisfaction with the artistic result of the Service, in addition to, and without limiting, any rights you have under law that cannot be waived. Our Refund & Returns Policy provides additional operational detail and is part of these Terms. If anything in the Refund & Returns Policy conflicts with the material guarantee terms stated in this Section 7, or with what we advertise on the Site, the more customer-favorable of the two controls; the external policy will not be used to reduce the core promise stated here.

8. Intellectual Property & Licenses

In short: Your photos stay yours, and so does your finished restoration, you can use it however you like, including commercially, because it’s your image. You give us permission to work on your photo only to do the restoration. We won’t use your photos in marketing or examples, or to train any AI, unless you opt in. Our website and brand belong to us.

8.1 Your Photos Stay Yours

As between you and MemoryCherish, you retain all ownership and rights you had in the photos and materials you submit and in the underlying image. Nothing in these Terms transfers ownership of your photo to us.

8.2 The License You Grant Us to Perform the Service

To provide the Service, you grant MemoryCherish a limited, non-exclusive, worldwide, royalty-free license to store, reproduce, scan, digitize, edit, restore, colorize, retouch, print, and otherwise process your submitted photo, and to create the Deliverables, solely as needed to perform the Service you ordered, to provide customer support, and to keep records. This license also permits limited internal use to maintain the quality, reliability, backup, and security of our Service, but “improving the Service” here does not include using identifiable customer photos to train, develop, or improve any artificial-intelligence or machine-learning model, and does not include marketing, portfolio, or public display. This license does not permit us to (i) sell your photo; (ii) use it for advertising, marketing, portfolio, examples, or public display except with your separate opt-in permission under Section 8.3; or (iii) use it to train any AI/ML model. Our handling, storage, retention, and deletion of your photos are described in our Privacy Policy.

8.3 Marketing and Portfolio Use, Only With Your Permission

We will not use your photos or your restored images in our marketing, on social media, in before-and-after examples, in a portfolio, or in any other public-facing way unless you have given us your permission to do so (opt-in). If you grant that permission, you can withdraw it at any time going forward by contacting us, and we will stop the future use we reasonably can (some already-distributed or printed materials may not be retrievable). We do not sell your photos. If we ever offer a discount or other benefit in exchange for this permission, we will provide any notice required by law (see Section 17.4), and the permission remains opt-in and revocable. See our Privacy Policy for more on how images that may show people’s faces are handled.

8.4 Deliverables, Your Restored File Is Yours to Use

Once you have paid in full for your order, the restored digital file we deliver is yours to use without use restrictions imposed by us, including personal, family, and commercial use, because it is derived from your own photo and you own the underlying image. We do not claim ownership of the restored version of your image, and we do not limit the fields in which you may use it. We retain ownership only of our own proprietary tools, techniques, workflows, and templates, and of any sample or marketing assets we create and own; the limited license in Section 8.5 applies only to those MemoryCherish-owned assets, not to your delivered restoration. We do not provide legal advice about third-party rights in the underlying image (for example, a studio portrait may carry a photographer’s copyright); ensuring you have the rights to restore and use a photo is your responsibility under Section 4.6, and using your own restored file (including commercially) does not relieve you of the need to have those underlying rights.

8.5 Our Website and Content

The Site and its content, including text, graphics, logos, the “MemoryCherish” name and marks, page designs, sample images we own or license, software, and their selection and arrangement, are owned by MemoryCherish or our licensors and are protected by copyright, trademark, and other laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publicly display, scrape, frame, or create derivative works from the Site or our content without our prior written permission. We grant you a limited, revocable, non-transferable license to access and use the Site to learn about and order the Service.

8.6 Feedback

If you send us ideas, suggestions, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and act on that feedback for any purpose without any obligation or compensation to you. You are not required to provide feedback, and any feedback you provide is voluntary. However, this feedback license does not extend to any use that identifies you by name, voice, image, or likeness, or that displays your photo or restored image; any such use, including a testimonial or review that identifies you, or any before-and-after example, is governed exclusively by the opt-in (and revocable) consent process in Section 8.3.

9. Acceptable Use & the Website

In short: Use our Site and Service lawfully and honestly. Don’t attack, misuse, or interfere with the Site, and don’t submit content you have no right to submit. The Site is provided as-is and may not always be available.

9.1 Acceptable Use

You agree to use the Site and Service only for lawful purposes and in accordance with these Terms. You agree not to: (a) submit content you do not have the right to submit or that is unlawful, infringing, defamatory, or that depicts the sexual exploitation of a minor; (b) use the Site or Service to violate any law or the rights of others; (c) attempt to gain unauthorized access to, disrupt, overload, or interfere with the Site, our systems, or other users; (d) introduce viruses or malicious code; (e) use bots, scrapers, or automated means to access the Site except as permitted by our robots policy or with our written permission; (f) reverse engineer or copy the Site except as allowed by law; (g) misrepresent your identity, impersonate anyone, or provide false order or payment information; or (h) commit or facilitate fraud, including abusing our satisfaction guarantee or promotions in bad faith. We may investigate and take appropriate action, including suspending or refusing service and, where legally required, reporting conduct to authorities.

9.2 Availability of the Site

We may modify, suspend, or discontinue any part of the Site or Service at any time, and we may impose limits on certain features. We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free. We are not liable for any unavailability of the Site, subject to Section 11.3.

9.3 Third-Party Links and Services

The Site may contain links to third-party websites or use third-party services (including our payment processor and order website). We do not control and are not responsible for third-party sites, services, or their content, terms, or privacy practices. Your use of them is at your own risk and subject to their terms.

10. Electronic Communications & Marketing Consent

In short: By ordering, you agree we can email you about your order and can send you legally required messages electronically, and we tell you what you need to read them. Marketing emails and texts are only sent if you opt in, and you can stop them anytime, reply STOP to texts or use the unsubscribe link in emails. Standard message and data rates may apply to texts.

10.1 Consent to Electronic Communications and Records (E-SIGN)

You consent to receive communications from us electronically, including by email and through the Site, and you agree that all agreements, notices, disclosures, receipts, and other communications we provide electronically satisfy any legal requirement that they be in writing. This consent is given under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar state laws.

What you need to access and keep electronic records. To access and retain electronic records, you will need: a device with internet access; a current, supported web browser; an email account able to receive email from us and its attachments; and the ability to view and save PDF and common image files (for example, a PDF reader and enough storage or the ability to print). By consenting, you confirm that you can access records in these formats; if you place an order online, completing checkout after this disclosure also confirms your ability to receive electronic records at the email address you provide, and we may ask you to acknowledge or respond to a confirmation message.

Paper copies and withdrawing consent. You may request a paper copy of any record we provide electronically by contacting us at support@memorycherish.com; we do not charge a fee for paper copies of transactional records. You may withdraw your consent to receive non-transactional electronic communications as described below, and you may update your email address at any time by contacting us. Withdrawing consent to the transactional communications needed to provide the Service may mean we cannot provide the Service.

10.2 Transactional Messages

We will send you service and transactional messages related to your order, for example, order confirmations, receipts, requests for the photo or information we need, revision and delivery notices, retention notices under Section 5.4, and responses to your support requests. These are not marketing messages, and you cannot opt out of them while you have an active order, because they are necessary to provide the Service.

10.3 Marketing Email (CAN-SPAM)

We will send marketing or promotional emails only where permitted by law and, where required, with your consent. Every marketing email includes an unsubscribe link, and we honor opt-out requests as required by the CAN-SPAM Act. Unsubscribing from marketing email does not stop transactional messages about your orders.

10.4 SMS/Text Messages (TCPA)

If you provide your mobile number and opt in to text messages, you consent to receive text messages from or on behalf of MemoryCherish at that number, which may include messages sent using an automatic telephone dialing system or similar technology. Consent to marketing texts is not a condition of purchase. Message frequency varies. Message and data rates may apply. You can opt out of text messages at any time by replying STOP to any message, and you can get help by replying HELP or by contacting us at support@memorycherish.com or +1 (307) 218-6920. After you text STOP, we may send a single confirming message. Carriers are not liable for delayed or undelivered messages. By providing your number, you represent that you are the account holder or have authority to consent for that number. Our handling of your phone number is described in our Privacy Policy.

10.5 Telephone Calls

If you give us your phone number in connection with an order, you consent to our contacting you at that number about your order. Any consent to receive marketing calls or texts is separate and can be withdrawn as described above.

11. Limitation of Liability

In short: For an ordinary problem with an order, the most we owe is generally the amount you paid for it, and for a mailed original we set a specific figure (and you can raise it with added protection). But these limits do NOT apply to serious wrongdoing, like gross negligence, willful misconduct, or destroying your property, and they don’t take away rights the law says you keep. Please keep a copy of any irreplaceable photo.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOLLOWING LIMITATIONS APPLY TO ALL CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, BAILMENT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EXCEPT AS EXPRESSLY STATED IN SECTION 11.3 (WHICH IS NOT LIMITED) AND SUBJECT TO SECTION 11.4.

11.1 Maximum Liability Cap

To the fullest extent permitted by law, and except for the liabilities described in Section 11.3, the total, aggregate liability of MemoryCherish and its owners, members, managers, employees, contractors, and suppliers to you for all claims arising out of or relating to a given order, the Service, the Deliverables, or the Site will not exceed the amount you actually paid to MemoryCherish for the affected order. Two specific rules apply instead for a mailed-in original:

• (a) Standard handling. For loss of or damage to a mailed-in original caused by our failure to use reasonable care, where you did not elect added protection, our liability is limited to the greater of the amount you paid for the affected order or one hundred fifty U.S. dollars (US$150) per order, a figure deliberately set above the bare order price to reflect the nature of a bailment.
• (b) Added protection (declared value). If you elected our optional added-protection (declared-value) service under Section 4.7, our liability for such loss or damage is limited to the declared value you selected and paid to protect.

If no amount was paid for the affected order, our aggregate liability (other than for mailed-original loss or damage, which is governed above, and other than the liabilities in Section 11.3) will not exceed one hundred U.S. dollars (US$100). Nothing in this Section limits the liabilities described in Section 11.3.

11.2 Damages We Do Not Cover

To the fullest extent permitted by law, and except as stated in Section 11.3, MemoryCherish will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, or for any damages based on the sentimental, emotional, or intrinsic value of a photograph or its subject, or for the cost of substitute goods or services, arising out of or relating to the Service, your materials, the Deliverables, or the Site, even if we have been advised of the possibility of such damages. You acknowledge that a photograph’s sentimental value is not something we can measure or insure through an order fee, which is a reason we offer the added-protection option in Section 4.7 and ask you to keep a copy.

11.3 Liability We Do Not Limit (Important Carve-Outs)

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Regardless of anything else in these Terms, the limitations and exclusions in Sections 11.1, 11.2, and 14.5 do NOT apply to, and we do not attempt to limit, our liability for: (a) our own fraud or fraudulent misrepresentation; (b) death or personal injury caused by our negligence; (c) our gross negligence, recklessness, or willful or wanton misconduct; (d) conversion, or intentional or reckless destruction of, loss of, or interference with your property, including a mailed-in original; or (e) any other liability that applicable law says cannot be waived or limited. For these matters, your remedies are those available at law. Because some states and countries do not allow the exclusion or limitation of certain damages, parts of Sections 11.1 and 11.2 may not apply to you; where that is so, our liability is limited to the greatest extent permitted by law.

11.4 Exclusive Remedy and Failure of Essential Purpose

Your primary and exclusive contractual remedy for dissatisfaction with the artistic result of the Service is the satisfaction guarantee and refund described in Section 7 (in addition to, and without limiting, any legal rights you have that cannot be waived). If that exclusive remedy is found to fail of its essential purpose, you may pursue the other remedies available to you at law, we do not contend that such a failure leaves you without a remedy, subject to the remaining limitations in this Section 11 to the extent they are independently enforceable and subject always to Section 11.3. For claims other than dissatisfaction with the artistic result, the limitations in this Section 11 apply, subject to Section 11.3.

11.5 Why These Limits Exist and Allocation of Risk

You acknowledge that these limitations (as tempered by the carve-outs in Section 11.3 and the added-protection option in Section 4.7) reflect a reasonable allocation of risk between you and MemoryCherish, that they are an essential basis of the bargain, and that our prices are set in reliance on them. This is also why we ask you to keep a copy of any irreplaceable photo (Section 4.4) and offer you a priced way to protect a high-value original (Section 4.7).

12. Disclaimer of Warranties

In short: We do our best work, but the Service and Site are provided “as is,” without guarantees beyond our satisfaction guarantee and what the law requires. Results depend on your photo’s condition, and your state or country may give you warranty rights we don’t affect.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE SERVICE, AND THE DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will meet a specific outcome or expectation beyond the satisfaction and refund remedy in Section 7, that a damaged or low-quality source can be restored to any particular standard, or that the Site will be uninterrupted, secure, timely, or error-free. Our satisfaction guarantee (Section 7) is a contractual promise we voluntarily offer and is separate from, and in addition to, this disclaimer. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty lasts, so some of the above exclusions may not apply to you, and you may have warranty rights under the law of your state or country that these Terms do not affect. This Section does not limit any non-waivable warranty rights you have under applicable consumer-protection law, and nothing in this Section limits the liabilities in Section 11.3.

13. Indemnification

In short: If someone else brings a claim because of a photo you sent us that you didn’t have the right to send, you agree to cover the reasonable costs that causes us. This is limited to third-party claims about your content and your rights, not our own conduct, and not open-ended.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MemoryCherish and its owners, members, managers, employees, and contractors from and against third-party claims, demands, actions, damages, losses, liabilities, and reasonable costs and expenses (including reasonable attorneys’ fees) to the extent arising out of or relating to: (a) any photo, image, or content you submit, including any claim that it infringes or violates the copyright, privacy, publicity, moral, or other rights of any person, or that you lacked the right to submit it or to authorize its restoration; or (b) your breach of the representations and warranties you make in Section 4.6 (your rights to the photo and content). This indemnity is limited to third-party claims and does not require you to indemnify us for any claim to the extent it arises from our own negligence, gross negligence, willful misconduct, or violation of law, or from our own acts or omissions. We will give you notice of a claim; we may, at our option, assume its defense (in which case you will reasonably cooperate); and we will not settle a claim in a way that imposes a non-indemnified obligation or admission on you without your prior consent, and you will not settle a claim in a way that imposes an obligation or admission on us without our prior consent. This Section survives termination of these Terms.

14. How to Report Problems & File Claims

In short: Check your order and any returned photo when you get it, and tell us quickly if something is wrong so we can help and investigate. There is a general time limit for raising claims, but it does not shorten the deadlines the law gives you for consumer-protection, fraud, privacy, or lost/damaged-original claims. For a billing problem, please contact us first, but your right to dispute a charge is never penalized.

14.1 Inspection Upon Receipt

Please inspect your restored files, any prints, and any returned original promptly after you receive them. If a returned item arrives damaged, or a Deliverable has a problem, notify us as soon as reasonably possible and, for shipped items, keep the packaging and take photos of any damage.

14.2 How to File a Claim

To report a problem or make a claim, contact us at support@memorycherish.com or +1 (307) 218-6920 with your order number, a description of the issue, the date, and any supporting photos or information. For a dissatisfaction claim, we will apply the satisfaction guarantee and revision process in Section 7. Prompt notice helps us investigate effectively and preserve evidence.

14.3 Our Investigation Process

When you report a problem, we will review your order records, investigate in good faith, and respond within a reasonable time. We may ask you for additional information or evidence to help us understand and resolve the issue.

14.4 Preservation of Evidence

If your claim involves a damaged returned item or shipping issue, please keep the item, its packaging, and any correspondence, and do not discard them until the claim is resolved, since they may be needed to investigate and to pursue any carrier claim.

14.5 Time Limit for Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Service, your materials, the Deliverables, or the Site must be brought within two (2) years after the claim arose, or within the shortest period that applicable law allows if it does not permit a two-year period; otherwise it is permanently barred. This two-year limit does NOT apply to, and does not shorten the statutory period for: (a) claims under consumer-protection, privacy, or other statutes that provide a non-waivable limitations period; (b) claims of fraud; (c) claims for loss of or damage to a mailed-in original (bailment or property claims); or (d) any claim by a consumer where applicable law prohibits shortening the period, including for consumers outside the United States. This provision does not apply where prohibited by law.

14.6 Billing Questions and Chargebacks

If you think there is a billing error, please contact us first at support@memorycherish.com, in most cases we can resolve it quickly and, where appropriate, issue a refund under Section 7. Contacting us first is a request, not a requirement. Nothing here limits or penalizes your right to dispute a charge with your bank or card issuer under the Fair Credit Billing Act, Regulation Z, or your card network’s rules, and we do not withhold delivered files, ban customers, or impose any penalty for exercising chargeback rights.

15. Dispute Resolution & Arbitration

In short: If we have a dispute, we’ll first try to work it out informally. If that doesn’t work, most disputes go to a neutral, individual arbitration under AAA rules instead of court, and not as a class action. You can go to small-claims court instead, you keep any non-waivable right to seek public injunctive relief in court, and you can opt out of arbitration within 30 days by email or mail. If you don’t opt out, you’re agreeing to arbitration. Please read this section carefully.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY TRIAL, AND REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT AS A CLASS OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS (SECTION 15.7).

15.1 Governing Law for This Section (Federal Arbitration Act)

This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce. The arbitrator, and not any court, has authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court (not the arbitrator) decides the enforceability of the class-action and representative-action waiver in Section 15.5 and the availability of public injunctive relief.

15.2 Informal Resolution First

Before starting an arbitration or lawsuit, you agree to first contact us at support@memorycherish.com and give us at least 60 days to try to resolve the dispute informally. Please describe the issue and the relief you are seeking. Many disputes can be resolved this way. This informal process is a condition to starting arbitration, and any statute of limitations is tolled while it is underway.

15.3 Agreement to Arbitrate

If we cannot resolve a dispute informally, you and MemoryCherish agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Service, your materials, the Deliverables, or our relationship (a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except for the matters described in Sections 15.5 and 15.6. This applies to Disputes based on contract, tort, statute, bailment, fraud, or any other theory, and to Disputes that arose before you accepted these Terms.

15.4 Arbitration Rules and Procedure

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms, before one neutral arbitrator. The AAA’s rules are available at adr.org or by contacting AAA. To begin, a party follows the AAA’s filing procedures. You will pay a filing fee capped at US$200, and MemoryCherish will pay the remaining arbitration fees and costs (including the arbitrator’s fees and any AAA administrative fees) required by the AAA Consumer Rules; this does not change each party’s responsibility for its own attorneys’ fees unless the arbitrator awards them where allowed by law. To make arbitration convenient, the arbitration may be conducted by telephone, by video conference, or based on written submissions, or, if an in-person hearing is required, it will take place in the county where you reside or another mutually agreed location. The arbitrator may award the same individual remedies and relief that a court could, and the arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.5 Class-Action and Representative-Action Waiver; Public Injunctive Relief; Targeted Severability

You and MemoryCherish agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

Public injunctive relief. To the extent applicable law (such as the rule in McGill v. Citibank) gives you a non-waivable right to seek public injunctive relief, this Section does not waive that right. A claim for public injunctive relief will be severed from any claims that proceed in arbitration and will be stayed pending the arbitration of your individual claims, then litigated in the courts under Section 15.8; the remainder of this arbitration agreement (including individual arbitration of your damages claims, and the class/representative-action waiver) remains in full force.

Targeted severability of the waiver. If the class-action and representative-action waiver is found unenforceable or invalid as to a particular claim or a particular request for relief, then only that particular claim or request for relief will be severed and decided in court under Section 15.8, while all other claims and requests for relief will remain in individual arbitration. A finding of unenforceability does not void the entire arbitration agreement. This targeted-severability rule replaces any “the whole arbitration agreement is void” approach and controls over the general severability rule in Section 16.3. The enforceability of this waiver is decided by a court, not the arbitrator.

15.6 Small-Claims Court Exception

Either party may bring an individual claim in a small-claims court for disputes within that court’s jurisdiction, instead of using arbitration, so long as the matter stays in small-claims court and is brought only on an individual basis. A consumer may bring a small-claims action in the consumer’s home jurisdiction (see Section 15.8).

15.7 Your Right to Opt Out of Arbitration (30 Days, by Email or Mail)

You can opt out of this arbitration agreement (Sections 15.3–15.5, other than the small-claims provision) within 30 days after the date you first accepted these Terms, as recorded for your first order under Section 1.3. To opt out, send a clear statement that you want to opt out of arbitration, together with your name and the email address or order number associated with your order, by either of these methods:

• Email: support@memorycherish.com with “Arbitration Opt-Out” in the subject line; or
• Mail: MemoryCherish LLC, Attn: Arbitration Opt-Out, 30 N Gould St, Sheridan, WY 82801, United States.

An opt-out is timely if it is emailed or postmarked within the 30-day window. Because we record the date you accepted these Terms for your order, that recorded acceptance date is the start of your window; if you are unsure of your date, contact us and we will tell you. Opting out will not affect any other part of these Terms, and it will not affect your ability to use the Site or Service. If you opt out, disputes will be resolved in court under Section 15.8. If you do not opt out within 30 days, you agree to be bound by this arbitration agreement.

15.8 Judicial Forum for Non-Arbitrable Disputes

For any Dispute that is not subject to arbitration (including if you opt out, for a claim or request for relief severed under Section 15.5, or for claims a court must hear):

• If you are a consumer, you may bring the Dispute, at your option, either in the state or federal courts located in Laramie County, Wyoming, or in the state or federal courts for the district where you reside or where the transaction occurred. MemoryCherish will bring a Dispute against a consumer only in the courts for the district where you reside or where the transaction occurred, unless a compulsory counterclaim or applicable law requires otherwise.
• For all other (non-consumer) Disputes, the exclusive jurisdiction and venue is the state and federal courts located in Laramie County, Wyoming.

Each party consents to the personal jurisdiction of these courts. To the fullest extent permitted by law, and except where a jury-trial right cannot be waived, you and MemoryCherish waive any right to a jury trial in any such proceeding. Nothing here deprives you of any mandatory protection of the law of the place where you live.

15.9 Changes to This Section

If we make a material change to this Section 15 after you first accept these Terms, you may reject that change by sending us written notice (by email or at the mailing address in Section 15.7) within 30 days of the change, in which case the most recent version of Section 15 you accepted (before the change) will apply to disputes between us. A change does not apply to a Dispute of which we had actual notice before the change.

16. General Terms

In short: Wyoming law governs, but if you live elsewhere your home state’s or country’s mandatory consumer protections still apply to you. Some standard but important rules follow: events outside our control, what happens if part of these Terms can’t be enforced, that we can transfer the business, how gift certificates work, and which sections keep applying after our relationship ends. The Service is intended for U.S. customers.

16.1 Governing Law and Venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15. Subject to Section 15, venue for any dispute not resolved by arbitration is as provided in Section 15.8 (which, for consumers, allows your home forum). If you are a consumer, this choice of law and venue does not deprive you of the protection of any mandatory consumer-protection law of the place where you live that cannot be overridden by agreement; where such a mandatory law conflicts with Wyoming law, that law controls for you to the extent of the conflict.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, Refund & Returns Policy, Accessibility Statement, and any order-specific terms shown at checkout, are the entire agreement between you and MemoryCherish about the Site and Service and supersede any prior agreements or understandings on that subject.

16.3 Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The targeted-severability rule for the class-action and representative-action waiver in Section 15.5 controls over this general rule for that provision, a finding that the waiver is unenforceable severs only the affected claim or request for relief and does not void the entire arbitration agreement.

16.4 Force Majeure

We are not liable for any failure or delay in performing caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, power or internet outages, failures of carriers, suppliers, or payment processors, cyberattacks, or governmental actions. If such an event occurs, our time to perform is extended for a reasonable period, and if it makes performance impracticable for an extended time, we may cancel the affected order and refund amounts paid for it. This Section does not limit the liabilities in Section 11.3.

16.5 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing to be effective and applies only to the specific instance stated.

16.6 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms and our rights and obligations, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets, provided that any such assignment does not reduce your rights under these Terms. These Terms bind and benefit the parties and their permitted successors and assigns.

16.7 Relationship of the Parties

You and MemoryCherish are independent parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between us. Except for the parties’ released and indemnified persons where stated, there are no third-party beneficiaries of these Terms.

16.8 Notices

We may provide notices to you by email to the address associated with your order, by posting on the Site, or by other reasonable means. You may send legal notices to us at MemoryCherish LLC, 30 N Gould St, Sheridan, WY 82801, United States, or as otherwise specified for a particular purpose (for example, the arbitration opt-out address in Section 15.7 and the DMCA agent designated in Section 19).

16.9 Vouchers, Gift Certificates & Promotions

Discount codes and promotional offers are subject to their own stated terms and to these Terms. Gift certificates, gift cards, and any prepaid credit you purchase from us for future services are treated as follows, consistent with the federal Credit CARD Act and applicable state law: they do not expire for at least five (5) years from the date of issuance (and do not expire at all where state law prohibits it), and we do not charge dormancy, inactivity, or service fees on them. Promotional codes provided free of charge (not purchased by you) may carry expiration dates and usage limits as stated. Prepaid amounts you have paid but not used remain refundable to you as described in Sections 6.6 and 7, and any unredeemed prepaid balance is handled in accordance with applicable unclaimed-property (escheat) law. Except as stated or required by law, codes have no cash value, may not be combined with other offers, and we may void codes obtained through error, fraud, or in violation of their terms. We are not responsible for lost or stolen codes.

16.10 Termination and Survival

You may stop using the Site and Service at any time. We may suspend or terminate your access to the Site or Service, or decline or cancel an order, if you violate these Terms or as otherwise permitted here or by law; where you have paid for an order we cannot or will not fulfill, the refund terms in Section 7 apply. Provisions that by their nature should survive, including Sections 4.6, 4.7, 4.8, 8, 11, 12, 13, 14, 15, 16, 17, and 19, survive termination.

16.11 Export Controls and Sanctions

You represent that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. embargoes or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable U.S. export-control and sanctions laws in connection with your use of the Site and Service, and you may not use them in violation of those laws.

16.12 Interpretation

Headings and the plain-language summaries are for convenience only and do not affect interpretation; if a summary and the legal text conflict, the legal text controls. “Including” means “including without limitation.”

16.13 International & Non-U.S. Consumers

The Service is directed to and intended for customers in the United States. We display prices in multiple currencies only for convenience; doing so is not an offer to any particular country. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law, and we make no representation that the Service is appropriate or available outside the United States. If you are a consumer resident outside the United States (including in the United Kingdom, the European Union, or the EEA): (a) nothing in these Terms deprives you of the mandatory consumer protections, home-forum rights, or home-country law that apply to you and cannot be waived; and (b) the binding-arbitration agreement (Section 15), the class-action and representative-action waiver, the shortened limitations period (Section 14.5), and the Wyoming choice-of-law and venue provisions apply to you only to the extent enforceable under the mandatory law of your country of residence, and do not override the protections that law guarantees you. Our processing of personal data, including any applicable cross-border-transfer safeguards, lawful bases, and data-subject rights, is described in our Privacy Policy.

17. State-Specific Consumer Notices

In short: Depending on where you live, you may have extra consumer and privacy rights. Nothing in these Terms takes away rights your state gives you. California residents have specific notices below, and we explain how privacy rights and any “do not sell or share” choices work.

17.1 General

Some U.S. states provide consumers with rights or remedies that cannot be waived by contract. Nothing in these Terms limits any such non-waivable right, and where a provision of these Terms conflicts with a mandatory consumer-protection law of your state, that law controls to the extent of the conflict for you as a resident of that state.

17.2 California Residents, Notice Under Civil Code § 1789.3

Under California Civil Code § 1789.3, California users are entitled to the following notice: The provider of this Service is MemoryCherish LLC, 30 N Gould St, Sheridan, WY 82801, United States; email support@memorycherish.com; telephone +1 (307) 218-6920. If you have a question or complaint regarding the Service, please contact us using this information. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

17.3 California Residents, Content Removal

We do not offer accounts, registration, or public posting of user content, and we do not host public user profiles, so the registered-minor content-removal mechanism of California Business and Professions Code § 22581 generally does not apply to us. In any event, if you are a California resident under 18 and you believe any content you provided to us appears publicly, contact us at support@memorycherish.com and we will remove or anonymize it as required by law.

17.4 Privacy Rights by State; “Do Not Sell or Share” and the Global Privacy Control

Residents of California, Colorado, Connecticut, Virginia, Texas, Oregon, Montana, and other states may have privacy rights regarding their personal information, including how photographs and related data are handled, such as rights to access, correct, delete, and port their data, and to opt out of certain processing. We do not sell your photos. To the extent any analytics or advertising technologies on our Site constitute a “sale” or “sharing” of personal information for cross-context behavioral advertising under the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA) or similar state laws, we provide a “Do Not Sell or Share My Personal Information” choice and honor recognized opt-out preference signals, including the Global Privacy Control (GPC), as described in our Privacy Policy. If we ever offer a discount or other benefit in exchange for your permission to use your photos for marketing or portfolio purposes, we will provide any Notice of Financial Incentive required by law, and that permission will remain opt-in and revocable under Section 8.3. Those rights, and how to exercise them, are described in our Privacy Policy.

18. Accessibility

In short: We want everyone, including older adults and people with disabilities, to be able to use our Site. We aim to meet a recognized accessibility standard, and if you have any trouble, tell us and we’ll help you promptly, at no extra cost.

We are committed to making our Site usable and accessible to everyone, including older adults and people with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as our accessibility standard, and we work on an ongoing basis to identify and remediate barriers. If you have difficulty accessing any part of the Site or completing an order, or if you need assistance, an accommodation, or the information on this page or in your order provided in an alternative format, please contact us at support@memorycherish.com (please include “Accessibility” in the subject line) or +1 (307) 218-6920, and we will work with you promptly, we aim to respond within five (5) business days, to provide the information, service, or assistance you need through a reasonable alternative method at no additional cost to you. We welcome your feedback on accessibility so we can continue to improve.

19. Copyright Complaints (DMCA)

In short: We respect copyright. Because we reproduce and print photos that customers submit, which sometimes carry someone else’s copyright, such as a studio portrait, we follow the Digital Millennium Copyright Act (DMCA). If you own a copyright and believe your work was used improperly, here is how to tell us, how the person who submitted it can respond, and our policy on repeat infringers.

19.1 Our Policy

MemoryCherish respects the intellectual-property rights of others and expects our customers to do the same. We respond to notices of alleged copyright infringement that comply with the DMCA, 17 U.S.C. § 512, and we may remove or disable access to material and, in appropriate circumstances, decline or cancel orders and terminate service for users who are repeat infringers.

19.2 How to Submit a Notice of Claimed Infringement

If you are a copyright owner or authorized to act on behalf of one, and you believe material submitted to or used by us infringes your copyright, please send a written notice to our designated agent that includes all of the following (as required by 17 U.S.C. § 512(c)(3)):

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;
• identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works);
• identification of the material claimed to be infringing and information reasonably sufficient to let us locate it (for example, the order number or a description);
• your contact information (name, mailing address, telephone number, and email address);
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated Copyright (DMCA) Agent:
Copyright Agent, MemoryCherish LLC
30 N Gould St, Sheridan, WY 82801, United States
Email: support@memorycherish.com (please put “DMCA” in the subject line)
Telephone: +1 (307) 218-6920

Our designated agent is registered with the U.S. Copyright Office; the Copyright Office directory is available at dmca.copyright.gov. Please note that under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing may be liable for damages.

19.3 Counter-Notification

If you submitted material that was removed or disabled and you believe it was removed by mistake or misidentification, you may send our designated agent a written counter-notification that includes: your physical or electronic signature; identification of the material and its prior location; a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any district in which we may be found), and that you will accept service of process from the person who provided the original notice or that person’s agent. If we receive a valid counter-notification, we may restore the material as permitted by the DMCA unless the original complainant files a court action seeking to restrain the activity.

19.4 Repeat-Infringer Policy

Consistent with the DMCA and our other Terms, we may, in appropriate circumstances and at our discretion, decline or cancel orders, remove or disable material, and terminate the ability to use our Service for users who are determined to be repeat infringers of copyright.

19.5 Trademark and Other Complaints

For complaints that are not about copyright (for example, trademark or right-of-publicity concerns), please contact us at support@memorycherish.com with enough detail to identify the issue, and we will review it in good faith.

20. Changes to These Terms

In short: We can update these Terms, but changes apply going forward to new orders, not backward to an order you already placed. For important changes we give you advance notice, and for the arbitration section you can reject the change. This section restates Section 1.5; the two are meant to be read together.

This Section restates and consolidates how we change these Terms; it is consistent with Section 1.5, and if the two ever appear to differ, they are to be read together, with the more specific provision controlling for the matter at issue. In summary:

• We may update these Terms from time to time. We post the updated Terms on this page and update the “Last updated” date shown at the top, which reflects the current version’s effective date.
• Changes apply prospectively to orders placed after the change’s effective date and do not retroactively change the version of the Terms that governed an order you already placed.
• For a material change, we provide advance notice at least fourteen (14) days before it takes effect, by email if we have your address from a recent or open order, or by a conspicuous notice on the Site.
• You may reject a material change to the arbitration provisions under Section 15.9. If you do not agree to any other material change, your remedy is not to place a new order under the changed Terms.
• Placing a new order after a change’s effective date is how you accept the then-current Terms for that order, captured under Section 1.3.
• We maintain a dated version history, available on request at support@memorycherish.com.

21. How to Contact Us

In short: Here is how to reach us for anything, support, refunds, accessibility, arbitration opt-out, copyright, or legal notices.

We are glad to help. You can reach MemoryCherish LLC as follows:

• Company: MemoryCherish LLC
• Mailing/registered address: 30 N Gould St, Sheridan, WY 82801, United States
• Email (general support, refunds, accessibility, privacy): support@memorycherish.com
• Telephone: +1 (307) 218-6920
• Website: memorycherish.com (orders at order.memorycherish.com)
• Arbitration opt-out: by email to support@memorycherish.com (subject “Arbitration Opt-Out”) or by mail to MemoryCherish LLC, Attn: Arbitration Opt-Out, 30 N Gould St, Sheridan, WY 82801 (see Section 15.7)
• DMCA / copyright agent: Copyright Agent, MemoryCherish LLC, 30 N Gould St, Sheridan, WY 82801; support@memorycherish.com (subject “DMCA”) (see Section 19)

These Terms are effective as of the “Last updated” date shown at the top of this page. Thank you for trusting us with your memories.