Services Terms and Conditions

General

Triangle Memory Box (“Triangle Memory Box,” “we,” “us,” or “our”) oversees the website, trianglememorybox.com (“Site”) and related services (collectively, our “Services,” further explained the next paragraph).  By placing an order to purchase our Services (an “Order”), you (“Buyer,” “you,” or “your”) agree to these Service Order Terms and Conditions (“Service Order Terms”).

Triangle Memory Box agrees, on a non-exclusive basis, to provide Services to Buyer, and Buyer shall, on a non-exclusive basis, purchase the Services from Triangle Memory Box.  For purposes of clarity, Buyer understands that Triangle Memory Box receives from Buyer various personal items, including but not necessarily limited to personal (home-made) movies, film reels, photos, tapes, and audio recordings (“Materials”).  Triangle Memory Box takes the Materials, organizes and digitizes them (“Digitized Materials”) and saves the Digitized Materials onto a thumb drive, a DVD, or a server in the cloud.  Triangle Memory Box offers customer service and various communications with each Buyer during this processes.  Additionally, Triangle Memory Box provides tracking, barcoding, and real-time updates to Buyers.  All of the foregoing services provided by Triangle Memory Box are understood variously and collectively as the “Services.”

When a Buyer makes an Order, Triangle Memory Box will send the Buyer a Confirmation e-mail with an order number (“Order Confirmation”), detailing the Materials provided and Services to be performed.  For purposes of clarity, the Buyer agrees and acknowledges that these Service Order Terms prevail over any terms or conditions contained in any Order Confirmation, or other documentation, and these Service Order Terms expressly exclude any terms or variations issued by Buyer whether orally or in writing before, during, and after the provision of Services.

By making an Order, Buyer is making an offer to purchase the Services and the Digitized Materials.  Triangle Memory Box has the right, in its sole discretion, to accept or reject any Order.  Triangle Memory Box may, in its sole discretion without any liability to Buyer, cancel any individual Order or transaction request if:  (1)Buyer violates its obligations under the Service Order Terms or the Website Terms of Use; (2) Buyer fails to perform its payment obligations; (3) Buyer falsely accuses Triangle Memory Box of misplacement, destruction, loss, or damage; or (4) for any other reason for which Triangle Memory Box determines, in its sole discretion, that it will not fulfill the Order.

Unlawful Order Submissions and/or Materials

By submitting an Order, you represent and warrant the following to Triangle Memory Box: (a) no Materials submitted to Triangle Memory Box are submitted in violation of any copyright laws; (b) any Materials submitted were either created by you, you have the right to permit Triangle Memory Box to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted Materials; and (c) no Materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.

Furthermore, you agree and acknowledge that due to the volume of its operation, Triangle Memory Box cannot fully inspect all the information within the Materials submitted to it.  However, there are instances in which Triangle Memory Box may discover that the transmission of information to Triangle Memory Box, the content of such information, and/or your specific request for services with regard to such information within the Materials violates state and/or federal law.  In the event of such discovery, Triangle Memory Box will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities.

Risk of loss: Shipping

Triangle Memory Box does not provide any services related to shipment of the Materials or Digitized Materials to or from its offices.  For this reason, any Services purchased from Triangle Memory Box are made pursuant to a shipment contract.  This means that the risk of loss for your Materials passes to Triangle Memory Box only when the Materials arrive at our offices, and the risk of loss passes back to you when we deliver your Materials and/or Digitized Materials to the shipping carrier (FedEx, USPS, or other common carrier).  BY SHIPPING ANY MEDIA TO TRIANGLE MEMORY BOX, YOU ACKNOWLEDGE THAT TRIANGLE MEMORY BOX IS NOT RESPONSIBLE FOR LATE, LOST, DAMAGED OR MISDIRECTED MAIL.

Return policy

Triangle Memory Box accepts returns within thirty (30) days of completion of an Order. An Order is completed (and the thirty (30) days start) from the date Triangle Memory Box hands a product to the shipping carrier for shipment to you. Though we are not obligated to do so, we sometimes take returns past the thirty (30) day window at our sole discretion. If you believe you are entitled to a return even though the thirty (30) days has run, please contact us to let us know.
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Occasionally, Materials may arrive at our offices in an unplayable or defective condition.  If that happens, we will provide a review of the Materials, a re-transfer of the Materials, or pay the shipping to return the Materials to you (as conditions allow).  We do not charge any additional fees for review, return shipment, or re-transfers.
haveIf Materials are not transferable due to age, fragility, format, damage, or any other condition we are not responsible for, your original Materials will be returned.  In that case, though, Triangle Memory Box does not cover the cost of shipping a return order back to our facilities.

Risk of Loss: Missing, Damaged, Misplaced, or Mismatched Materials

Triangle Memory Box understands and appreciates the sentimental value of your Materials.  Helping our Buyers relive, preserve, and enjoy their Materials through our digitization Services is one of our most important goals.  From time to time, a Buyer might allege that Triangle Memory Box has misplaced an item the Buyer purportedly included in the Buyer’s Materials, that Triangle Memory Box has damaged or destroyed Buyer’s Materials, or that Triangle Memory Box has placed someone else’s Materials within Buyer’s Materials or Digitized Materials.  Every once in a while, we become aware that a Buyer thinks it has sent more Materials to Triangle Memory Box than it actually did send, only to realize the allegedly missing Materials are still at home with the Buyer.
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We take care to handle all Materials that we receive with due care in a commercially reasonable manner.  That said, no system is perfect, and you acknowledge that we might misplace or mismatch your Materials.  It is also possible that your Materials might become damaged during the digitization process.  This can happen through no fault, or negligence, of our own, particularly when the Materials you have sent to us are old media files that have already begun decaying before we have received them.

YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO TRIANGLE MEMORY BOX, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US.  BY PLACING AN ORDER WITH TRIANGLE MEMORY BOX, YOU ACCEPT THIS RISK.

If you send us a notification letting us know that you believe we have misplaced, damaged, or mismatched your Materials, after they were received by us and in our possession, we will review your notification carefully (a “Notification of Loss”).  Failure to provide Triangle Memory Box with a Notification of Loss within thirty (30) days of your receipt of your Materials and Digitized Materials as returned to You shall be deemed a waiver of your right to file a Notification of Loss and shall conclusively demonstrate your acceptance of the Materials and Digitized Materials as returned to You.

You agree to be bound by our review and determination.  As further outlined below, Triangle Memory Box makes no warranty and disclaims all potential liability, with regard to all aspects of our Services in the handling of your Materials.

We may determine that we never received your Materials; that we did not cause damage to your Materials; or that the damage to your Materials during the digitization process was through no fault of Triangle Memory Box.  We may also determine that we have an obligation to you.  Once we have made our determination, we will provide a written response to your Notification of Loss.  Depending on the situation, we may also choose to replace your Material(s) by offering you an equivalent type of blank media, or the cost of such blank media.  We may choose to issue a refund for your Order; we may choose to compensate you for loss or damage; or we may decline, entirely, to issue a refund or provide any compensatory monies.

In the event that we have provided you with mismatched Materials, you agree to return the mismatched Materials to us within fifteen (15) days of your receipt of the return shipping instructions. The costs of shipping will be paid by Triangle Memory Box.

IN ANY CASE, YOU AGREE TO ACCEPT THE RISK OF SENDING YOUR MATERIALS TO US, AND FURTHER, YOU HEREBY AGREE TO BE BOUND TO OUR DETERMINATION AND ASSESSMENT OF YOUR NOTIFICATION OF LOSS.  You agree that you will not disparage, libel, or defame Triangle Memory Box, and you agree that you will not take any steps to cause damage to our business reputation in violation of any state or federal laws preventing tortuous interference with a business.

Access to Your Digitized Materials Online

In certain circumstances, we may choose to make your Digitized Materials available to you by providing you with a link to your Digitized Materials, which may be hosted in a cloud environment online, in which case we might use a third-party provider to facilitate this Cloud Digital Delivery (including by way of example, Google or Amazon) (collectively, the foregoing service is understood as “Cloud Digital Delivery”).

In the event that we make your Digitized Materials available through Cloud Digital Delivery, you acknowledge and agree that Triangle Memory Box does not control the online hosting environment, its security, its authenticity, or its integrity.  You further acknowledge and agree that Triangle Memory Box has no responsibility or control over the Cloud Digital Delivery service, and Triangle Memory Box shall bear no liability for anything that might happen to your Digitized Materials therein.  You agree to hold harmless Triangle Memory Box for any actions related to your Digital Materials in any way, whatsoever, with respect to the Cloud Digital Delivery, including but not limited to, any loss, destruction, or corruption to the Digitized Materials, as well as any unavailability, lack of access, or irretrievability that you might experience if your Digitized Materials are offered through Cloud Digital Delivery.