Terms & Conditions

1. Welcome and Acceptance of Terms

Welcome to Memorial Media Services. We are honored to assist you in preserving and celebrating the memory of your loved one.

By accessing our website, browsing our services, or purchasing any custom media products — including but not limited to tribute videos, memorial slideshows, and digital print designs (collectively, the "Services") — you agree to be bound by these Terms and Conditions (the "Terms").

Please read these Terms carefully before finalizing your order. If you do not agree with any part of these Terms, please do not access our website or use our Services.

2. Scope of Agreement and Eligibility

2.1 Scope. These Terms constitute a legally binding agreement between you and Memorial Media Services. They apply to all interactions, communications, asset submissions, and transactions conducted through this website or via direct digital communication with us.

2.2 Eligibility. By placing an order, you represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to grant us the rights to the media and content you provide.

3. Description of Services

3.1 Services. Memorial Media Services specializes in creating custom digital memorial media, including but not limited to tribute videos, photo slideshows, and print-ready memorial layouts or flyers (the "Deliverables").

3.2 Delivery. All Deliverables are provided digitally via a secure download link, unless a physical format is explicitly agreed upon in writing. Our standard delivery commitment is within 48 hours of receiving your final assets, as shown on our website.

4. Client Responsibilities & Asset Submission

Because memorial media is tied to time-sensitive events, timing is critical.

• Submission deadline: You agree to provide all necessary materials (high-resolution photographs, video clips, text, names, dates, and finalized music selections) at least 48 hours prior to the scheduled memorial service or the agreed-upon delivery date.
• Delayed submissions: If assets are submitted later than the agreed timeline, we will make every reasonable effort to complete the project on time, but cannot guarantee timely delivery.
• Expedited work: Late submissions may be subject to a rush production fee of $25 to cover expedited labor.

5. Revision Policy

We want to ensure your loved one's tribute perfectly reflects their legacy. To maintain a smooth and timely workflow, revisions are structured as follows:

• Unlimited minor revisions: Every package includes unlimited minor revisions until you are happy — corrections to typos, slight timing adjustments, and swapping out photos. This reflects the promise shown on our website.
• Consolidated requests: Revision requests should be provided in a single, consolidated list whenever practical so we can act on them efficiently.
• Major structural changes: Significant rework — such as changing the chosen background music after production has begun, rearranging the entire video sequence, or adding a large number of new photos — may incur an editing fee of $20 per round. We will always confirm any fee with you before proceeding.

6. Final Approval and Delivery

Once you grant final approval (either explicitly via email or text, or by accepting the final download link), the project is considered complete. We are not responsible for typos, spelling errors, or missing media that were present in the approved draft or that were provided directly by you.

7. Client Content & Copyright

7.1 Rights to submitted media. By submitting any content — including but not limited to digital or physical photographs, scanned images, video clips, audio recordings, text, and music selections — you represent and warrant that:

• You are the sole legal owner of the content, or
• You have obtained explicit, lawful permission, licenses, or rights from the rightful copyright owner to use, reproduce, and modify the material for the purpose of creating the custom memorial media.

7.2 Music licensing. We understand that specific songs hold deep personal meaning. Commercial music is protected by strict copyright laws:

• Licensed library: We provide access to a selection of legally licensed music tracks for use in your tribute video at no additional cost.
• Client-provided music: If you request a specific commercial song that is not in our licensed library, you assume all legal and financial responsibility for securing the appropriate synchronization and master use licenses. We act strictly as a technical service provider at your direction and do not independently license commercial music on your behalf.

7.3 Indemnification. You agree to indemnify, defend, and hold harmless Memorial Media Services, its partners, owners, and contractors from and against any and all claims, lawsuits, demands, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of or related to:

• Any claim that the content you provided infringes upon the copyright, trademark, privacy, or intellectual property rights of any third party; or
• Any unauthorized use of commercial music or imagery requested by you for inclusion in the final Deliverables.

7.4 Right to decline content. We reserve the right, in our sole discretion, to refuse or remove any content that we deem illegal, highly offensive, defamatory, or in clear violation of an obvious copyright (for example, professional studio portraits with visible watermarks where no copyright release is provided).

8. Intellectual Property & Portfolio Rights

8.1 Ownership of Deliverables. Upon receipt of full payment, we grant you a perpetual, non-exclusive, non-transferable, royalty-free, personal license to view, download, share, print, and publicly display the final Deliverables solely for personal, familial, and non-commercial memorial purposes. We retain the underlying copyright and authorial ownership of the creative templates, custom layouts, project files, and editing configurations used to assemble the final product.

8.2 Portfolio use. To honor the legacies of those we celebrate and to showcase the quality of our craftsmanship, we rely on sharing samples of our work with the community, including on our website and online business platforms. By entering into this agreement, you grant us a limited, non-exclusive, royalty-free license to use completed tribute videos, memorial flyers, and excerpted design layouts for promotional, marketing, and portfolio-building purposes.

8.3 Privacy and opt-out. We deeply respect the sensitive, personal nature of a family's grieving process. We will never share your media if it compromises your comfort or privacy. You retain the absolute right to restrict or completely revoke our portfolio permissions — notify us in writing (via email) at any time before final delivery, or check the "Opt-Out of Portfolio Use" box during your onboarding, and your loved one's media will remain entirely private and will never be used for marketing purposes.

9. Payment, Cancellations, and Refunds

9.1 Pricing and payment. All fees for Services are outlined on our website or detailed in a specific custom invoice.

• Standard orders: For all standard digital packages, full payment is due upfront at the time of purchase before media production begins.
• Custom or tiered orders: For larger or custom-quoted projects, a 50% non-refundable deposit is required to secure your booking and production slot, with the remaining balance due upon final approval and prior to delivery of the final files.

9.2 Our guarantee. As we promise on our website: we are not happy until you are. We offer unlimited revisions — and if we cannot get the tribute right, we will refund the amount you paid, in full.

9.3 Cancellation and refunds. Because of the highly customized nature of digital memorial media and the immediate labor required to meet tight deadlines:

• Before production begins: If you cancel before any editing, photo scanning, or design work has commenced, you will receive a full refund, minus any non-refundable transaction processing fees.
• After production begins: If you cancel after we have begun working on your project (including photo color correction, video sequencing, or layout drafting), payments are non-refundable, reflecting the dedicated labor and digital resources already allocated to your tribute — except as provided by the guarantee in Section 9.2 above.

10. Service Limitations & Technical Disclaimer

We take great care to deliver high-quality, universally compatible digital files (such as standard MP4 videos and high-resolution PDFs). However, we have no control over the playback equipment, internet connectivity, or technical capabilities of third-party venues (such as funeral homes, churches, or community centers).

• We are not liable for technical glitches, formatting errors, audio failures, or inability to play the media that occurs at the venue due to faulty hardware, incompatible software, or venue operator error.
• We strongly recommend testing the delivered files on the venue's actual equipment at least 24 hours prior to the service.

11. Disclaimer of Warranties

Except for the explicit guarantees stated in these Terms and on our website (including our 48-hour delivery commitment and our satisfaction guarantee in Section 9.2), the Services and Deliverables are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No oral or written information from us creates a warranty.

12. Limitation of Liability

In the improbable event that we fail to deliver the agreed-upon Services due to unforeseen circumstances, illness, or technical failure on our part, our total liability to you for any claim, loss, injury, or damages — including emotional distress — is strictly limited to a full refund of the exact amount you paid for that specific service. We will not be liable for any indirect, consequential, incidental, special, or punitive damages, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. If those laws apply to you, some of the exclusions or limitations above may not apply, and our liability will be limited to the greatest extent permitted by law.

13. Force Majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, power outages, internet or service provider failures, illness, or acts of government. If such an event prevents us from completing your project, we will make every reasonable effort to complete it as soon as possible, and your remedies remain those described in Section 12.

14. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Kern County, California.

15. Electronic Communications

By using our Services and providing your contact information, you consent to receive communications from us electronically — including emails about your order, status updates, and delivery notices. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-essential communications at any time by contacting us.

16. Changes to These Terms

We may update these Terms from time to time as our services, pricing, or legal obligations change. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of our Services after changes are posted constitutes acceptance of the updated Terms. We will take reasonable steps to notify you of material changes.

17. General Provisions

17.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.2 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Memorial Media Services regarding the Services and supersede all prior agreements and understandings, whether written or oral.

17.3 Waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it later. A waiver of any breach is not a waiver of any subsequent breach.

18. Contact Us

Questions about these Terms? Reach us at:

📧 MMSantelopevalley@gmail.com
📞 (661) 271-2148