ShareMyMemories.comTerms of Service

1.      Parties to Agreement.
This agreement is between Supreme Digital Arts L.L.C., an Arizona limited liability
corporation (hereinafter cited as SDALLC), and any customer, prospective customer,
recipient, or user (hereinafter cited as “you”) of a product, service, media, or
communication of SDALLC. “SDALLC” explicitly includes all of SDALLC’s divisions,
personnel, subsidiaries, and services, such as Share My Memories Photo and Family
History Services (www.ShareMyMemories.com, hereinafter cited as SMM).

2.      Applicability and Acceptance of This Agreement.
By accessing the web sites of ShareMyMemories.com or SDALLC, by submitting any
original item (photo, video, or other work) to SDALLC, or by ordering, using, or viewing
any product, service, media, or communication of SDALLC, you agree to accept and be
bound by all terms of this Agreement.

3.      Copyrights.
A.     Originals – original works and media (photos, videotapes, files, memory cards,
etc.) submitted to SDALLC for use in a product or service remain your property. SDALLC
will make all reasonable efforts to safeguard your originals and return them to you once
SDALLC’s work is completed and paid for. You agree that you will pay any costs
(packing, shipping, storage, etc.) to ship and return your originals, and you also agree
that SDALLC is not liable, and will be held harmless, for any damage to or loss of your
originals.

B.     All products and media, including computer files and electronic media, produced
from your originals by SDALLC are derivative works. You agree that these are
copyrighted by SDALLC, with all rights reserved by SDALLC. You agree to honor all of
SDALLC’s rights under all copyrights. You may redeliver tangible products you have
purchased from SDALLC (e.g., CDs, DVDs, videotapes, prints) to your friends, family, or
associates, but you explicitly agree not to copy or reproduce any copyrighted work of
SDALLC except by written agreement between you and SDALLC.

C.     SDALLC honors the valid copyrights of all other parties and will not scan or
reproduce a copyrighted work unless you can prove that you are authorized by the
copyright holder to copy and distribute the work.

D.     The web sites of SDALLC, including this one, and all pages and elements of those
web sites, are Copyrighted (2004) by SDALLC. All rights are reserved.

4.      Legal Limits and Restrictions.
SDALLC will not accept, for any purpose, any original whose content might be offensive,
libelous, slanderous, obscene, or illegal, in the judgment of SDALLC. You agree not to
submit anything of that nature to SDALLC, and you agree that SDALLC is not responsible
for your originals if you do. SDALLC will comply with all laws and law enforcement
agencies relating to such content.

5.      Disclaimer of Warranty.
The products, services, and media produced by SDALLC are provided "as is" without
warranty of any kind, either express or implied, including, without limitation, any warranty
of merchantability and fitness for a particular purpose. In no event shall SDALLC or its
authorized distributors be liable for any direct, special, incidental or consequential
damages arising out of the use or inability to use the products, services, or media, even
if SDALLC or its authorized distributors have been advised of the likelihood of such
damages occurring. SDALLC and its authorized distributors shall not be liable for any
loss, damages or costs, arising out of, but not limited to, lost profits or revenue, loss of
use of the product or the media, loss of data or equipment, the costs of recovering
software, the media, data or equipment, the cost of substitute software or the media,
data or equipment or claims by third parties, or other similar costs.

Some states do not allow exclusion or limitation of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations or exclusions
may not apply to you.

6.      Customer Satisfaction.
A satisfied customer is SDALLC’s greatest asset. If you are not delighted with SDALLC’s
work, please let us know and SDALLC will make all reasonable efforts to address your
concerns.

The cost and quality of most products and services delivered by SDALLC is heavily
dependent on the condition of your originals. SDALLC does not, of course, have any
control over the condition of your originals and therefore cannot offer any promise of a
specific result without first examining your original. In particular, the feasibility and cost
of any image or media acquisition, repair, restoration, compilation, adjustment, or
manipulation work cannot be estimated or quoted until SDALLC has received and
analyzed your original. SDALLC reserves the right to decline any work that, in SDALLC’s
judgment, is infeasible or cannot be performed at a reasonable cost or within a
reasonable interval, or to adjust the quoted prices to reflect the condition of the
originals. You agree to accept SDALLC’s judgment, estimates, and quotes in these
matters, and you agree to be responsible for the cost of returning your originals to you
even if no other work is performed.

7.      Payment.
Payment for SDALLC’s products and services is due upon delivery. You agree that
SDALLC has the right (at SDALLC’s discretion) to withhold delivery of products, services,
and your originals until paid in full, until your check(s) has cleared, or until other
satisfactory payment has been arranged. You agree to be responsible and liable for all
costs arising from returned checks and collections efforts. You also agree to be
responsible for reasonable storage and/or service charges resulting from delayed or past
due payments. You agree that SDALLC is not responsible for any originals, services, or
products that have gone undelivered for more than 30 days because of an unpaid
balance due.

You also agree that SDALLC has the right to collect a reasonable deposit from you before
beginning or continuing any work on your behalf. You furthermore agree that part or all
of your deposit might not be refundable if SDALLC has already commenced work on your
behalf.

8.      Termination of Agreement
This Agreement and your rights hereunder shall automatically terminate if you fail to
comply with any provision of this Agreement. Upon such termination, you shall cease all
use of all SDALLC products and return them (at your cost) to SDALLC. Further you shall
delete any files or other soft media that are products of SDALLC and destroy any archival
copies of them and other materials related to them in your possession or under your
control, or, if downloaded or if provided as part of a collection, you shall cease use of
and destroy any and all copies of the collection in your possession or under your control.

9.      General Provisions.
Nothing in this Agreement constitutes a waiver of SDALLC’s rights under U.S. copyright
laws or any other Federal, state, local or foreign law. If any provision of this Agreement
shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable,
the remaining provisions shall remain in full force and effect. You agree that SDALLC’s
products will not be shipped, transferred or exported to any country or used in any
manner prohibited by the United States Export Administration Act or any other export
laws, restrictions or regulations.