Terms of Service
Introduction
Magic Memories Box and the Magic Memories Cloud service are products of Santiam Media, based in Eugene Oregon. By accessing this Website, accessible from magicmemoriesbox.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.
Definitions
User – This refers to you, the person reading this agreement or any other person who is using this website, purchasing a product sold on this site, or using any product or service from Santiam Media or labeled as Magic Memories Box.
Santiam Media – The business entity that operates this website, sells Magic Memories Boxes, and operates the Magic Memories Cloud.Magic Memories Box – This term refers both to the Magic Memories Box physical product, that may be purchased, and the media digitizing service provided by Santiam Media.
Magic Memories Cloud – The online storage for media digitized by Santiam Media and the website and software used to view that media.
Magic Memories Box Digitizing Service
Santiam Media will attempt to digitize and archive physical media that is submitted through the Magic Memories Box service. There are several reasons why a particular piece of media may not be able to be digitized successfully, including that the media is damaged, is not of a supported format, or is so far degraded as to be unusable. Therefore, Santiam Media makes to guarantee that it will be able to successfully digitize any media and may choose, at its discretion, to not attempt digitization.
Santiam Media will attempt ship all media back to the user after digitization is complete or after attempting to digitize the media.Only physical media that is correctly packed and labeled in accordance with the Magic Memories Box product will attempt to be digitized. It is the user’s responsibility to make sure an item label is properly affixed to each item to be digitized. Additionally, the user is responsible for securely packing all items to ship to Santiam Media for digitization and correctly applying the return shipping label.
Santiam Media is not responsible for packages or items that are lost or damaged during transit.
Media included in a Magic Memories Box that does not have an item barcode label properly affixed will not be digitized.
Content Restrictions
Magic Memories Box is designed to digitize and archive home videos and photographs. It is not intended for use with commercially produced material.
Santiam Media will not digitize any items that are-
- Clearly commercially or mass-produced media, such as films, television programs, commercial photography, and commercial publications.
- Material that is sexually graphic or contains nudity.
- Appearing to show any illegal activity or any kind of a crime.
Typically not all media is reviewed during the digitization process. Only portions of some items are typically reviewed as a necessary for quality control, troubleshooting, and providing the service. As such, it is possible that some material that runs afoul of these content restrictions may be digitized. Santiam Media reserves the right to remove non-compliant material from its Magic Memories Cloud online media hosting service at any point.
If an item submitted for digitization is found to contain non-compliant material Santiam Media may, at its sole discretion, choose to not-digitize the item in its entirety or to digitize the item, but to edit out the offending material.
In the case any media that appears to show any illegal activity or any media that may be evidence of a crime is submitted for digitization Santiam Media will contact law enforcement and fully cooperate with any resulting investigation, including, but not limited to turning over relevant media, items, and customer information to investigators.
Quality of Digital Transfers
Santiam Media has developed proprietary transfer techniques for converting NTSC YUV video to progressive scan RGB video with a 1:1 pixel aspect ratio suitable for viewing on modern digital displays. Often, this transfer technique can produce outstanding results that are noticeably superior in picture quality to other kinds of transfer techniques.
The overall quality of the digital transfer is heavily dependent on the original condition of the item. Our transfer technique allows us to make the most out of the original information that is present in the analog signal of a videotape. However, if the tape is old, damaged, or if the signal has degraded, the overall quality of the capture may be negatively impacted. Our technology doesn’t upgrade the image. The goal is to make it look as it was originally intended to look when played back on a CRT style television.
For the highest quality digital transfer, the best case scenario is to use camera original tapes that are in excellent condition and were recorded in SP mode. Beyond that, the overall capability and quality of the original camera is also factor.
Videotapes that have been stored poorly, worn, dubbed from other tapes, recorded in LP or SLP mode, or simply very old will often offer poor quality when transferred.
Magic Memories Cloud
The Magic Memories Cloud service provides storage for media digitized through the Magic Memories Box service.The Magic Memories Cloud may be advertised as “lifetime” or “never ending” storage. Or as allowing users to access their content “anytime” they want on “any device.”These statements are not meant to imply any kind of warranty or guarantee of service. Rather, statements regarding the duration of the service are intended to communicate that users will not be charged, beyond the initial cost of the Magic Memories Box, for ongoing storage. Santiam Media will not intentionally remove any stored media or disable access to it.
However, hardware failures, computer errors, intentional malicious acts, and various forms of disasters may result in loss of data and some future time. Santiam Media does guarantee or provide any warranty that data loss will never occur or that access to stored media shall always be uninterrupted. Users should endeavor to download and backup their own critical media.In the same way, unforeseen issues and ever-changing technology may result in limitations as to what devices may successfully work with the Magic Memories Cloud service or when it may be accessed.
Santiam Media makes no guarantee or warranty that any and all devices will be able to successfully access and interoperate with the Magic Memories Cloud service.The Magic Memories Box Cloud service is intended to make it easy for users to access and view their media. It is not designed to be a secure platform for media that is intended to be private or personal. Santiam Media makes no guarantee or warranty that your stored media cannot, or will not, be accessed by other parties. Users should not submit media for digitization that is potentially sensitive or otherwise private or personal where the user would not want the media seen by other parties.
Use License for Proprietary Software
Permission is granted to temporarily download materials on the Magic Memories Box website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display;
- attempt to reverse engineer any software contained on the Magic Memories Box Website;
- link directly to any media files contained on this server (hot-linking) or attempt to circumvent any security measures present on this server;
- attempt to gain any access to this server, beyond what would normally be accessed through typical web browsing activities;
- attempt to take over or gain control of this site, or server, or engage in any kind of hacking activities against Santiam Media or its websites;
- remove any copyright or other proprietary notations from the materials; or
- transferring the materials to another person or “mirror” the materials on any other server.
This will let Santiam Media terminate user access upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
Revisions and Errata
The materials appearing on the Magic Memories Box Website may include technical, typographical, or photographic errors. Santiam Media will not promise that any of the materials in this Website are accurate, complete, or current. Santiam Media may change the materials contained on the Magic Memories Box Website at any time without notice. Santiam Media does not make any commitment to update the materials.
Links
Santiam Media has not reviewed all of the sites linked to its Websites and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Santiam Media of the site. The use of any linked website is at the user’s own risk.
Terms of Service Modifications
Santiam Media may revise these Terms of Service at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms of Service.
Your Privacy
Please read our Privacy Policy.
Liability Limitations
The user agrees to hold Santiam Media, its owners, employees, supplies, and other agents harmless and not liable for any damages or losses related to the use of the Magic Memories Box website, product, or the Magic Memories Cloud service.In the case of a dispute, the total financial liability of Santiam Media, its owners, and its employees shall be limited to the total of all monies paid by the user.
Governing Law
Any claim related to Santiam Media shall be governed by the laws of the State of Oregon in the United States without regard to its conflict of law provisions. If any portion of this agreement is found to be unenforceable or illegal all remaining terms shall remain in effect.