XO Memories Terms and Conditions of Use:
Acceptance of Terms:
Welcome to the ‘XO Memories’ website. The services that ‘XO Memories provides to you are subject to the following Terms and Conditions. ‘XO Memories’ reserves the right to update the Terms and Conditions at any time without notice to you. Your use of the ‘XO Memories’ website and services signifies that you agree to and are bound by these Terms and Conditions set forth in this document.
Description of Services:
‘XO Memories’, offers for sale: Personalized, Memorial Photo Collage Designs. Approved collage designs are delivered in the form of a digital downloadable file. “Memorial Photo Collage Designs” include but are not limited to original and/or modified graphics, photo images, designs, illustrations and digital files. “You” means the purchaser of designs from us. “We”,“us” and “our” means ‘XO Memories’.
Operation of the Website:
‘XO Memories’ reserves the right to either modify or discontinue the site, including any of the sites features, at any time or without notice to you. We are not liable to you or any other third party should we exercise such right. Any new features added to the current site shall also be subject to these Terms & Conditions.
We may terminate or suspend the operation of our website (or terminate or suspend provision of any products or services offered through our website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
All prices displayed on the website are in USD (United States Dollar). Prices are subject to change without notice.
Order Approval Process:
All orders are accepted and handled in accordance with ‘XO Memories Terms & Conditions. The customer accepts these conditions by submitting an order.
1)-Once your order is placed you will receive an email within 24hours which includes a link to your proof design for your approval.
2)- You are permitted one round of changes to your Memorial Photo Collage Design. This ONLY includes rearranging the order of your photos placed within the template and any discrepancies with spelling or dates you provided. No changes to the ’XO Memories’ Templates are permitted.
3)-You must reply to our approval email with a confirmation to proceed to final product or request permitted changes. Please contact us immediately if you haven’t received your email within 24hours so we can make alternate arrangements for approval. ‘XO Memories’ will not provide the final digital file without approval. Please take care in proofing and previewing your design and carefully check your spelling. Once you have approved your file no further changes can be made to it.
4)-Optional Photo Restoration service includes:
- Restoration and enhancement of your photo’s which are added to your collage.
- You will also receive a download link to all your individual restored digital photo’s.
5)- Your final product will be supplied as a print ready high resolution poster size digital file (24 x 36 inches), (609 x 914mm), (7200 x 10800 pixels).
‘XO Memories’ goal is to produce and deliver the final approved digital files within 48hrs (excluding weekends). Please ensure you have read and understood our Order Approval Process and Product Delivery terms before you process your order.
Digital files delivered via email that contains a link provided by ‘XO Memories’. Simply click on the links and download the file to your desktop. Then open the file from your desktop. You may share the link with your printer.
‘XO Memories’ does not ship out physical goods such as CD’s or other form of storage media. By purchasing a Memorial Photo Collage from ‘XO Memories, you agree that your order will be processed automatically and your link will be valid for 30 days maximum.
Photo Quality: Preparing Your Images to Upload to ‘XO memories’.
For best final printing result of your collage please upload good quality photos to the site to ensure you get a high quality result.
If the images you supply are poor quality we cannot guarantee that your photos will print well.
- Photo File Format: We only accept JPEG, PNG, TIF, BMP file formats.
- Photo Color Mode: The photo should be in RGB mode not CMYK mode.
- Photo File Size: Maximum file size accepted per photo is 5MB. Minimum file size accepted per photo is 150KB.
- Resolution: Recommend 200-300 pixels/inch
If you purchase our “Photo Restoration” service ‘XO Memories’ will restore and enhance your photos the best we can, but emphasise that the quality of the photos supplied by you to use in your Memorial Photo Collage Design can only be improved by around 15-25% depending on the photo’s condition.
You are advised to keep a back up of all photos provided to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any photo’s uploaded onto our website. ‘XO Memories’ will only retain a copy of your uploaded photos for 3 Months after delivery of your order.
‘XO Memories’ shall not be responsible for ensuring the accuracy of information of your account and therefore shall not be held liable for any losses sustained as a result of the incorrect information provided.
Once you receive your order you may transfer your digital file to other third parties such as Printers or Funeral Service Providers for the purpose of reproduction, provided that such parties shall have no further rights to use the photo collage designs for profit. You also have the right to share your file with family and friends, again without the intent to resell or repackage.
You must not use your ‘XO Memories’ Memorial Photo Collage Design including but not limited to the following manner:
(a) resell, repackage, or redistribute your purchased Memorial Photo Collage Design in any way.
(b) make available the original source files for resale.
(c) use any Memorial Photo Collage Design in a manner that may be considered to contain explicit or sexual imagery; is invasive of privacy; vulgar, obscene, profane; or which may harass, or incite hatred of, any person.
Intellectual Property Rights:
You retain all intellectual property rights, including copyright, in those photo images that you have uploaded to our website or emailed to us where you already own such rights.
‘XO Memories’ does not claim any ownership rights in the images you submit or upload.
By uploading your photos to our site you warrant that you have obtained all the necessary third party consents to permit you do so. You agree that you are the rightful holder of the intellectual property rights for all the images you submit and are responsible for any legal dispute that arises out the reproduction of your images.
All ‘XO Memories’ collage template designs created for the site are the sole property of ‘XO Memories’. ‘XO Memories’ retains the full Intellectual Property Rights on the collage template designs. You may not modify, copy or reproduce these collage templates in any form.’XO Memories’ templates are not available for individual sale. You should be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.
All content included on this site, such as text, designs, collage templates, logos, button icons, images, digital downloads, data compilations, and software, is the property of ‘XO Memories’ or its content suppliers and protected international copyright laws.
‘XO Memories’ warrants that it reasonably believes it has not infringed or misappropriated third party intellectual property rights in this jurisdiction or internationally.
‘XO Memories’ will not be liable for infringements of patents, trademarks, copyrights, other proprietary and/or intellectual rights arising out of misrepresentation or negligence or any use of the Memorial Photo Collage Design by you.
‘XO Memories’ warrants that those aspects of access to, or use of, the services provided which are within its exclusive control will be fit for reasonable performance. ‘XO Memories’ cannot warrant and shall not be liable for those aspects of access to, or use of the services provided over which ‘XO Memories’ does not have exclusive control. ‘XO Memories’ shall not be liable for the following including but not limited to: Problems and/or losses arising from malfunction of telephone networks or lines; computer on-line systems; services or providers (including but not limited to internet service providers; application service providers and content delivery networks); computer equipment or software, viruses, bugs or software or hardware configurations; Internet or any website or any combination thereof;
• Damage to your system occasioned by use of the site; and
• Internet connection speed, access errors, interruptions of access and downloaded quality of the images supplied;
We will not issue refunds after you have downloaded your final digital file order. If your digital file is corrupt or contains an error, please contact us immediately and we will fix the issue so that you can download your file.
We are not liable for the print quality of your final collage. Again the final print quality is determined by the quality of the photo’s supplied.
Please email email@example.com if you have any urgent issues.
These Terms and Conditions set out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (oral or written) in respect of the subject matter of these Terms and Conditions and these Terms and Conditions prevail to the extent of any inconsistencies with your order and terms you seek to impose in any order.