Turn your precious memories
into lifetime treasures!
Welcome to Memorify! Memorify provides you with a simple and safe way to print high-quality photographs and purchase photo related accessories such as frames and albums (“Services”) for shipping India-wide. We do not offer services in any country except India. Before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). We may change or update these Terms at any time but you can always find the most recent version here. You should periodically check this page to make sure you have read the current version of these Terms.
Your use of the Services indicates your acceptance of these Terms and agreement to be bound by them. Acceptance of these Terms creates a binding contract between you and Memorify whereby you agree to use the Services only in accordance with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.
Please read and carefully review these Terms, as they form a legally binding agreement between you and Memorify. You should pay special attention to the arbitration provision set forth below which, except and to the extent prohibited by law, requires you to arbitrate any claims you may have against Memorify on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The Services are intended for adults. This means you must be at least 18 years old to use the Services. You can create a Memorify account if you are at least 18 years old and submit certain requested information to Memorify, including your name and correct email address. As a customer, you must provide Memorify with true, accurate, and complete information about yourself when requested (such as providing the correct address during shipping an order), and must keep that information updated so it is current and accurate. You are responsible for preserving the confidentiality of your account and OTP (One-Time Password) for restricting access to your account, and for all activities that occur under your account. You will immediately notify Memorify of any actual or suspected unauthorized use of your account.
Memorify stores the photos uploaded by customers only till a week after the orders are delivered to our customers (in order to reprocess orders in case of dissatisfaction/damage during delivery). We use the latest cloud storage solutions to protect the privacy of your photos while we process your order. Memorify reserves the right to terminate your account and your use of the Services, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you via the Services.
If Memorify decides to discontinue the Services, your account will be automatically terminated when the Services discontinue. Memorify will notify you at least fifteen(15) days before any termination of Services. Any unused free product credits will expire on the date Services end.
When you upload Content to the Services, the original resolution and format of your Content may be modified depending on the upload speed you choose. If you upload Content with very high resolution or bitrate Memorify may, in its discretion, down-sample the Content regardless of the upload speed you choose.
You should always preserve your original Content, or make back-up copies of your Content, on your personal computer system. Do not use the Services as the only repository or single source for your Content. The Services are provided “as is” and “as available,” and Memorify will not be liable for the loss of any Content.
You can create unique projects by combining blank products offered by Memorify with your photos or content (“Projects”). You can save Projects that you haven’t yet purchased (“Saved Projects”), purchase them when you first create them (“Purchased Projects”), or delete them (“Deleted Projects”). Memorify may remove Saved Projects from your account if they have not been ordered in 90 days, without prior notice to you. Saved Projects removed by Memorify cannot be recovered.
You may not use the Services to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity or privacy rights;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
Advocates illegal activity;
Violates any law or regulation;
Harms or advocates harm against anyone, including minors; or,
Provides a link to material associated with any of the above.
Though Memorify is not required to do so, it may from time to time examine any Content submitted to the Services. Although Memorify does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Memorify may delete, move, or edit Content for any reason, at any time, without notice.
All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content.
By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure
Memorify in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.
The Services contain copyrighted material, trademarks and other proprietary information including, but not limited to, videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (individually and collectively the "Memorify Content"). The Memorify Content is subject to copyrights and other intellectual property rights owned by Memorify and other individuals or entities and is protected under United States and international law.
The names, trademarks, service marks, and logos of Memorify belong exclusively to Memorify and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Memorify or any third-party.
Ownership
You retain ownership of your Content and any rights granted to Memorify are granted as a license. Although you retain ownership of your Content, any material, tools, features, templates or layouts provided to you by Memorify that you use to arrange or organize your Content do not belong to you, and the rights to these materials, tools, features, templates or layouts belong to Memorify.
Content License
In order for Memorify to provide the Services to you and your “Invitees” (defined as anyone who is invited to the Services to see an album), you hereby grant to Memorify and its parents, affiliates, subsidiaries, agents, vendors and assigns the perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you or your Invitees; (b) showing you how your Content would appear in a product or service offered by Memorify or one of its agents; and (c) improving the Services (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a frame that includes one of your images, for your potential purchase.
Warranty
As a condition to account creation, you represent and warrant to Memorify that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.
Personal Rights
By submitting Content to Memorify, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, do not submit the Content to Memorify.
The Services are protected by international copyright and intellectual property laws and by other applicable laws. You may not Process any Content owned by someone else without the express written consent of its owner. You are solely liable for any intellectual property infringement or other violations that arise or result from your use of the Services.
EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, MEMORIFY WARRANTS ONLY THAT PRODUCTS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRODUCTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, MEMORIFY'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR MEMORIFY, AT ITS SOLE OPTION, TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCTS, OR (ii) REPRINT THE PRODUCTS AT NO EXTRA COST.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, MEMORIFY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF MEMORIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Memorify, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Memorify assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH MEMORIFY IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY MEMORIFY. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.
After creating your products, from your shopping cart you will be able to review/edit your products, and/or remove your products before placing your order.
Your order constitutes an obligation to pay, subject to acceptance by Memorify at our sole discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.
Memorify reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, Memorify will automatically issue a refund to you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. At the latest, delivery will occur within thirty (30) days from acceptance of your order by Memorify.
All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. All prices are inclusive of goods and services tax (GST) at the appropriate rate, where applicable. Memorify reserves the right to change the prices published on the Services at any time. However, orders already submitted to us will not be affected by such changes.
Please note that merchandise may include logos or brand elements that are owned by Memorify. We seek to ensure that these Memorify brand elements are subtle, and they often appear on the back of the product.
There is no right to withdraw your order once it is placed as all goods are made to your specification. However, if goods are faulty, Memorify will either refund the full purchase price (including shipping), or reprint the product at no additional cost. Additionally, the terms under Notice of Defects apply. In no other circumstances will Memorify provide a refund.
You have the following rights in addition to your rights under Section IX:
Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting https://www.memorify.co/memorify-contact-us as soon as reasonably possible but in any case no later than within 3 days after the delivery, or in the case of non-delivery, you must notify Memorify within a reasonable time after the products were expected to arrive.
Please specify the delivery note/invoice number when reporting defects.
Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available, is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.
Memorify may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any reason, including: (i) upon your request, (ii) conduct that violates these Terms or other policies or guidelines set forth by Memorify elsewhere within the Services, (iii) conduct Memorify believes is harmful to other Memorify users or the business of Memorify, or (iv) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account.
Except where and to the extent prohibited by law, by using the Services you and Memorify agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Memorify’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Both you and Memorify agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THIS PROCEDURE, YOU AGREE TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS THE SOLE AND EXCLUSIVE MEANS FOR RESOLVING SUCH DISPUTE. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. The arbitrator to be mutually agreed upon by both parties.
The arbitrator shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving Memorify’s intellectual property.
Memorify may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by Memorify to these Terms and given an opportunity to accept the new Terms or cease use of the Services.
These Terms constitute the entire agreement between you and Memorify governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Memorify Affiliate services, third-party Content, or third-party software.
The failure of Memorify to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
If you have any questions or concerns regarding the Services or these Terms, please contact Customer Support or contact us at:
Memorify may ask that you authorize us to use certain content or posts (including photos or videos) uploaded to your social media profile(s) (“Post(s)”), as detailed herein. By agreeing to these terms by responding to Memorify’s request with the hashtag “#Memorify,” you hereby agree to these Terms of Use and grant to us and our licensees, designees, successors, agents, and assigns (collectively, “Permitted Parties”) the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, fully-paid up right and license to use, publish, transmit, reproduce, copy, and adapt the Post(s), as well as your username, name, picture, likeness, social media handle, caption, comments and statements in connection with any use of your Post(s) (which all, collectively, shall be defined with the Post(s) as “Social Media Submission(s)”), edited or altered as the Permitted Parties see fit, throughout the world, including but not limited to on Permitted Parties’ social media platforms, in-app content, and on other domains, properties, or websites owned or licensed by the Permitted Parties, for any lawful purposes, including, without limitation, for purposes of advertising or trade and you waive any applicable moral rights you may have under the laws of the jurisdiction in which you reside, in and to the Post(s), in favor of the Permitted Parties. You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein.
You agree and represent to us (i) that you are the sole author of the Social Media Submission(s); (ii) if the Social Media Submission(s) include any photos, you are the photographer of the photos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein; (iii) if the Social Media Submission(s) include any photos of people, you have permission from each person who appears in the Social Media Submission(s) to grant the rights granted herein; (iv) the use of the Social Media Submission(s) as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (v) you have the full and exclusive right and authority to agree to the terms hereto; and (vi) you are eighteen years old or older. You also certify that any statements made by you in the Social Media Submission(s) reflect your honest opinions, findings, beliefs or experiences.
Turn your precious memories
into lifetime treasures!
Do you have any questions?
Need help finding the perfect product?
Planning a bulk order?
We're here to assist you!
