Terms of Service
Modern Memory Studios Terms of Service
These Terms of Service govern the services provided by Modern Memory Studios. By placing an order, submitting materials, shipping items to us, or using our services, you agree to these Terms.
Services Provided
Modern Memory Studios provides digitization services for 35mm photographic slides. Services include scanning, converting physical slides into digital image files, and returning original materials.
All services are performed solely for the purpose of converting physical media into digital format.
Please make sure your slides are 35mm slides.
Your Materials
By submitting Materials, you represent and agree that you authorize Modern Memory Studios to handle, scan, temporarily store, and return the Materials as required to complete your order. You retain ownership of your original Materials and any images contained within them.
Copyright Responsibility
You are solely responsible for ensuring that any Materials you submit may legally be duplicated or digitized. Please only submit Materials that: You created yourself, or you have permission to reproduce. Modern Memory Studios reserves the right to refuse any Materials that appear to violate copyright or other intellectual property laws. You agree to indemnify and hold Modern Memory Studios harmless from any claims, damages, or legal expenses arising from copyright infringement related to the Materials you submit.
Handling of Photographic Materials
Photographic slides and film can be fragile and may deteriorate over time due to age, storage conditions, or previous handling. While Modern Memory Studios takes reasonable care when handling all Materials, minor scratches, dust, or other imperfections may, though unlikely, occur during the scanning process. By submitting Materials, you acknowledge and accept this inherent risk.
Image Quality and Results
The quality of digitized images depends largely on the condition and exposure of the original slides. Although our scanning process optimizes image quality by using a 20MP camera sensor and applies backlighting adjustment and film exposure/color controls before the slide is captured as a digital image, we do not provide any manual image manipulation service. Original issues such as fading (due to aging or deterioration), scratches, overexposure, or underexposure may appear in the final digital images. Modern Memory Studios does not guarantee perfect reproduction of original images. All services are provided “as is” without warranties, express or implied. Some Materials may be unsuitable for scanning due to age, deterioration, mold, warping, or other damage. Modern Memory Studios reserves the right to decline scanning Materials that may risk further damage to the Materials or scanning equipment. Such Materials may be returned without being digitized.
Orders, Payments, and Cancellations
Because each order is custom and processed specifically for the Materials submitted, orders cannot be canceled once Materials have been received and processing has begun. Payments are non-refundable after processing begins. If Materials are received but processing has not started, cancellation may be considered at our discretion.
Turnaround Times
Any turnaround times provided are estimates only and are not guaranteed. Processing time may vary due to order volume, equipment maintenance, staffing, shipping delays, and other operational factors. Delays do not entitle any refund, credit, or cancellation.
Shipping and Transit Risk
Customers are responsible for shipping Materials to Modern Memory Studios. We strongly recommend the use of trackable and insured shipping services. Modern Memory Studios is not responsible for loss or damage that occurs before Materials arrive at our facility, after Materials are transferred to a shipping carrier for return, or due to delays caused by shipping carriers. Risk of loss during shipping remains with the shipping carrier and the customer. Customers are responsible for providing accurate shipping information. Modern Memory Studios is not responsible for losses due to incorrect return addresses provided by the customer.
Loss or Damage While in Our Care
We take reasonable precautions to safeguard all Materials. However, by submitting Materials, you acknowledge that digitizing physical photographic media involves inherent risk if Materials are lost or damaged while in our possession, our total liability will be limited to the amount paid for the affected digitization service.
Limitations for Irreplaceable Materials
You acknowledge that photographic materials such as slides, negatives, prints, and film may be unique or irreplaceable. By submitting Materials to Modern Memory Studios, you agree that our liability for any loss or damage is limited to the amount paid for the scanning service associated with those Materials. Modern Memory Studios is not responsible for sentimental or emotional value, historical value, replacement cost of original media, or consequential or indirect damages. You accept this limitation of liability as a condition of using our services. Modern Memory Studios’ total cumulative liability for any claim shall not exceed the amount paid for the affected order.
Digital File Delivery and Storage
Digitized files will be delivered in the format selected at the time of your order: USB A storage device, or SD Card storage device. Modern Memory Studios may temporarily store digital files after order completion. However, Files may be permanently deleted after 30 days. Customers are responsible for downloading and backing up all files after delivery. Modern Memory Studios is not responsible for lost files after a 30-day retention period.
Privacy
We respect the privacy of your personal information and scanned images. Your images will not be sold, shared, or publicly distributed except as necessary to complete your order or comply with legal obligations.
Acceptable Content
Customers may not submit materials that violate applicable laws, infringe copyrights or other rights, contain illegal or harmful content, or are intended for harassment, impersonation, or deception. Modern Memory Studios reserves the sole right to refuse, return, or report materials that violate these standards.
Abandoned Orders
Completed orders that remain unclaimed for 90 days after notification of completion may be considered abandoned. Modern Memory Studios reserves the right to dispose of abandoned Materials and associated digital files after this period.
Force Majeure
Modern Memory Studios is not responsible for delays or failure to perform services due to events beyond our reasonable control, including but not limited to natural disasters, fire or flooding, or power outages.
Changes to Services or Terms
Modern Memory Studios may update these Terms, services, pricing, or policies from time to time. However, the Terms in effect at the time an order is placed will apply to that order.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts. Any dispute arising from these services shall be resolved through binding arbitration in Essex County, Massachusetts, administered under the rules of the American Arbitration Association.
Entire Agreement
These Terms constitute the entire agreement between you and Modern Memory Studios regarding the services provided and supersede any prior agreements or communications.
For questions regarding these Terms or our services, please contact us on our contact page.