TERMS OF USE

Digital Memories Event Videography, LLC (hereinafter "Digital Memories") operates this Site to provide online access to information about Digital Memories and the products, services, and opportunities we provide (hereinafter "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (hereinafter "Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions.
 These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." 
Digital Memories reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (hereinafter singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Digital Memories products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Digital Memories reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. 

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Digital Memories or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Digital Memories or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are using this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise expressly permitted by Digital Memories.  You may not manipulate or alter in any way images or other Content on the Site.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Digital Memories of the third party, the third-party web site, or the information contained therein. Digital Memories is not responsible for the availability of any such web sites. Digital Memories is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Digital Memories affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. 

5. Linking to this Site
	
If you would like to link to the Site, you must get the express written consent of Digital Memories.   Unless specifically authorized by Digital Memories you may not connect "deep links" to the Site, "deep links" defined as creating links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. 

6. Downloading Files
	
Digital Memories cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.  Any files that are downloaded from the Site are downloaded at the user's own risk and Digital Memories assumes no responsibility or liability for any damages sustained by downloading from the Site.  Any file downloaded from the Site is the copyrighted work of Digital Memories or its creators and remains such after downloading by a user.    

7. Disclaimer of Warranties

Digital Memories makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the content or the services provided or advertised on the Site.  Digital Memories expressly disclaims all warranties of any kind, implied, statutory or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, content of the Site or service provided by or advertised on the Site, unless such warranty is expressly contained within an executed sales contract between a customer and Digital Memories.  Digital Memories does not warrant the accuracy or completeness of any content on the Site.  All services and content on the Site are provided on an "as is" and/or "as available" basis.



8. Limitation of Liability
	
In no event will Digital Memories, be liable for any damages whatsoever, including but no limited to any direct, incidental, consequential, special, exemplary or other direct or indirect damages arising out or the use or inability to use the Site or any claim attributable to errors, omissions or other inaccuracies in the Site, the content of the Site or the services that Digital Memories agrees to perform on the Site.  If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.  

9. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Digital Memories, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.


11. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Digital Memories of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Digital Memories therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Digital Memories does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Terms of Useis determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to your use of the Site, any other Digital Memories web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New Jersey, without regard to any conflict of laws provisions. 
Last Revised:  August 27, 2008