Mary Connor

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Terms & Conditions

Terms & Conditions 2017-10-12T12:43:29+00:00

For Capturing Magical Memories Digital Content You Purchased the following Terms and Conditions apply.

Unless otherwise noted, items downloaded from this site (either for purchase or for free) are for personal or S4H (Scrap For Hire) use only.  Each item comes with a Terms of Use statement from the designer(s) of the item. Please refer to these statements for specific information about product use. If you want to know the terms of use before purchase, please contact the designer of the product.

All items available on this site are available via download only. No physical product will be shipped to the customer.

Please read these Terms of Use carefully before using this site. By using this site, you signify your assent to these Terms of Use.

These Terms of Use (as amended from time to time the “Agreement”) set forth the legally binding terms for your use of Capturing Magical Memories. By using Capturing Magical Memories, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Capturing Magical Memories Website) or you are a “Member” (which means that you have registered with Capturing Magical Memories). The term “User” refers to a Visitor or a Member. If you do not accept and abide by this Agreement, you may not use the Capturing Magical Memories website.

This Agreement includes Capturing Magical Memories’s policy for acceptable use, your rights, obligations and restrictions regarding your use of Capturing Magical Memories services and Capturing Magical Memories’s Privacy Policy. Capturing Magical Memories may modify this Agreement from time to time without notice and such modification shall be effective upon posting on the Capturing Magical Memories Website. You agree to be bound to any changes to this Agreement when you use the Capturing Magical Memories Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

When you register as a Member, you are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under the username and password. Capturing Magical Memories reserves the right to delete or refuse the registration of any account at any time for any or no reason or to refuse service to anyone at anytime without notice for any reason.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURING MAGICAL MEMORIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. CAPTURING MAGICAL MEMORIES MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE  CAPTURING MAGICAL MEMORIES SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH CAPTURING MAGICAL MEMORIES. CAPTURING MAGICAL MEMORIES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE CAPTURING MAGICAL MEMORIES WEBSITE. THE SERVICES PROVIDED BY CAPTURING MAGICAL MEMORIES AND ITS AFFILIATES ARE PERFORMED AND THE SOFTWARE USED IN CONNECTION WITH THE CAPTURING MAGICAL MEMORIES SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF CAPTURING MAGICAL MEMORIES SERVICES AND THE INTERNET.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL CAPTURING MAGICAL MEMORIES OR ITS AFFILIATES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON CAPTURING MAGICAL MEMORIES’S SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH CAPTURING MAGICAL MEMORIES WEBSITE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CAPTURING MAGICAL MEMORIES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON CAPTURING MAGICAL MEMORIES SERVICES, FROM INABILITY TO USE CAPTURING MAGICAL MEMORIES SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CAPTURING MAGICAL MEMORIES SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CAPTURING MAGICAL MEMORIES WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON CAPTURING MAGICAL MEMORIES WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON CAPTURING MAGICAL MEMORIES WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN CAPTURING MAGICAL MEMORIES WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF CAPTURING MAGICAL MEMORIES’S SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, CAPTURING MAGICAL MEMORIES’S SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

By using CAPTURING MAGICAL MEMORIES Website, you acknowledge and accept these terms.