Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of websites, customer fulfillment portals, and services operated by EMS EFX, Inc. (“EMS EFX,” “we,” “us,” or “our”).

By accessing or using an EMS EFX website or fulfillment portal, you acknowledge that you have read, understood, and agree to these Terms.

If you do not agree to these Terms, do not use the EMS EFX website or fulfillment portal.

EMS EFX Services

EMS EFX provides customized keepsake and memory products, including the EMS EFX Custom Keepsake Memory Video Book, together with related project preparation, customization, production, fulfillment, and support services.

Services may require customers to submit photographs, videos, audio recordings, personal messages, and other project materials through an EMS EFX fulfillment portal.

EMS EFX may modify, improve, or update its services, website functionality, portal functionality, and production processes from time to time.

Amazon Purchases

Customers purchasing the EMS EFX Custom Keepsake Memory Video Book through Amazon complete their purchase transaction through Amazon.

Amazon's terms, policies, payment processing, customer account requirements, and other Amazon Services are governed by Amazon's applicable terms and policies.

After an Amazon purchase, EMS EFX may provide the customer with instructions for accessing the EMS EFX fulfillment portal to submit the information and project materials required to complete the ordered product.

Fulfillment Portal

The EMS EFX fulfillment portal is used to collect and process information and project materials necessary to create and fulfill an eligible EMS EFX order.

Access to an order-specific project may require verification information associated with the customer's Amazon order, including the applicable Amazon Order ID and shipping ZIP Code.

Customers are responsible for providing accurate information and for protecting any information used to access their order-specific portal.

EMS EFX may restrict, suspend, or terminate portal access when necessary to protect customer information, prevent unauthorized access, investigate suspected misuse, or protect the security of its systems.

Customer-Submitted Content

Customers may submit photographs, videos, audio recordings, personal messages, artwork, documents, and other materials for use in creating their ordered EMS EFX product (“Customer Content”).

The customer retains ownership of Customer Content, subject to the rights necessary for EMS EFX to perform the requested services.

By submitting Customer Content, the customer grants EMS EFX the limited permission necessary to receive, store, process, reproduce, edit, format, assemble, manufacture, and otherwise use that content solely for the purpose of providing the ordered EMS EFX product and related support.

EMS EFX does not acquire ownership of a customer's photographs, videos, audio recordings, or personal messages merely because they are submitted for fulfillment.

Customer Responsibilities

Customers are responsible for ensuring that they have the necessary rights, permissions, and authority to submit all Customer Content provided to EMS EFX.

Customers must not submit content that they do not have permission to use for the requested product.

Customers are responsible for reviewing their submitted materials and information for accuracy before completing the project submission process.

Production & Customization

The EMS EFX Custom Keepsake Memory Video Book is a customized product created from materials submitted by the customer.

Production may involve formatting, editing, sequencing, conversion, synchronization, assembly, manufacturing, and other processes necessary to create the finished product.

Because the product is customized using customer- submitted materials, the finished product may contain minor variations in appearance, positioning, timing, formatting, or other production characteristics that result from the materials supplied by the customer.

EMS EFX may make reasonable technical adjustments necessary to ensure that submitted materials can be properly incorporated into the finished product.

Shipping & Delivery

After the customer's required project materials have been successfully submitted and the project is ready for production, EMS EFX will proceed with production and fulfillment in accordance with the applicable order.

Shipping is provided using the shipping method stated for the applicable EMS EFX product or order.

Once a completed product has been transferred to the applicable carrier, carrier-controlled delays, weather, service interruptions, incorrect addresses, or other circumstances outside EMS EFX's reasonable control may affect delivery times.

Customers are responsible for providing accurate shipping information where EMS EFX requests shipping information.

Refunds & Replacements

Because the EMS EFX Custom Keepsake Memory Video Book is a customized product created specifically from customer-submitted materials, completed custom orders are non-refundable.

EMS EFX may provide a replacement when the finished product has a confirmed manufacturing defect or hardware malfunction covered by the applicable replacement policy.

Eligible manufacturing defects or hardware malfunctions must be reported within 30 days of delivery.

EMS EFX may request photographs, video, or other information reasonably necessary to evaluate a reported defect or malfunction.

Intellectual Property

EMS EFX and its licensors retain all rights in the EMS EFX name, trademarks, logos, website content, portal software, designs, production methods, proprietary systems, graphics, written materials, and other EMS EFX intellectual property.

Nothing in these Terms grants a customer ownership of EMS EFX intellectual property except for the limited rights necessary to use a purchased product for its intended purpose.

Customers may not copy, reproduce, modify, distribute, reverse engineer, sell, or commercially exploit EMS EFX proprietary systems, software, website content, or production methods without written authorization.

Security & Portal Access

Customers must not attempt to gain unauthorized access to the EMS EFX website, fulfillment portal, another customer's project, EMS EFX administrative systems, or any restricted area.

Customers must not attempt to bypass authentication, access controls, order verification, upload restrictions, security measures, or other technical protections.

EMS EFX may monitor and record security-related events and access activity when reasonably necessary to protect its systems and customer information.

Privacy

EMS EFX's collection, use, processing, retention, and protection of personal information are described in the EMS EFX Privacy Policy.

The EMS EFX Cookie Policy explains the use of cookies and similar technologies on applicable EMS EFX websites and fulfillment systems.

By using the EMS EFX website or fulfillment portal, customers acknowledge that information may be processed as described in those policies.

Prohibited Uses

You may not use the EMS EFX website or fulfillment portal to:

• Attempt unauthorized access to any EMS EFX account, order, project, system, or restricted area.
• Submit content that you do not have the right or permission to use.
• Upload malicious software, harmful code, or material intended to compromise a system.
• Interfere with the operation, security, or availability of the website or fulfillment portal.
• Circumvent order verification, access controls, upload limitations, or other security measures.
• Use the portal to access another customer's information or project.
• Use EMS EFX systems for unlawful purposes.

Disclaimers

EMS EFX provides its website and fulfillment portal using commercially reasonable efforts to maintain availability, functionality, and security.

However, website and portal services may occasionally be unavailable because of maintenance, technical problems, network interruptions, security events, third-party service interruptions, or circumstances outside EMS EFX's reasonable control.

EMS EFX does not guarantee that the website or fulfillment portal will always be uninterrupted, error-free, or continuously available.

Product descriptions, specifications, production capabilities, and other information may be updated as EMS EFX improves its products and services.

Limitation of Liability

To the maximum extent permitted by applicable law, EMS EFX will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the website, fulfillment portal, or services.

This includes, where legally permitted, losses resulting from interruption of service, loss of access, loss of data, unauthorized access caused by circumstances outside EMS EFX's reasonable control, or delays caused by third-party services or carriers.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EMS EFX, its officers, directors, employees, contractors, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from:

• Your violation of these Terms.
• Your misuse of the EMS EFX website or fulfillment portal.
• Your unauthorized use of another person's intellectual property or other rights.
• Customer Content submitted by you that infringes or violates another person's rights.
• Your unlawful or unauthorized conduct in connection with the Services.

Suspension & Termination

EMS EFX may suspend or terminate access to its website or fulfillment portal when reasonably necessary to protect its systems, customers, personnel, intellectual property, or business operations.

Access may also be suspended or terminated when EMS EFX reasonably believes that a user has violated these Terms, attempted unauthorized access, submitted prohibited content, or otherwise misused the Services.

Suspension or termination of portal access does not eliminate obligations that by their nature are intended to survive termination.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent that applicable law requires otherwise.

Any dispute arising from or relating to these Terms or the EMS EFX Services will be handled in accordance with applicable Texas law and any mandatory rights or remedies provided by applicable law.

Changes to These Terms

EMS EFX may update these Terms from time to time to reflect changes to its services, website, fulfillment portal, business practices, or applicable requirements.

Updated Terms will be posted on the applicable EMS EFX website or portal with a revised effective or updated date.

Your continued use of an EMS EFX website or fulfillment portal after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.