Terms of Service

These Terms of Service ("Terms") govern your use of PhotoFlyMemories.com ("the Site") and the services provided by Mauresults Consulting Corp, DBA Photo Fly Memories ("Photo Fly Memories," "we," "our," or "us"), including our Founding Ambassador Rewards Program. By accessing our Site, utilizing our photo organization and digitization services, or joining our Ambassador Rewards Program, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

1. Services Provided

Photo Fly Memories provides photo organization services, including but not limited to the sorting, scanning, digitization, and archiving of physical media such as photos, slides, film, and digital files. Our services are primarily directed toward families in New York, New Jersey, and Long Island.

2. Intellectual Property

All content on this Site, including text, photos, graphics, videos, designs, logos, and software, is owned or licensed by Photo Fly Memories. This content is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may view, download, or print content for personal, noncommercial use only. Any other use, including reproduction, distribution, modification, or commercial exploitation, is strictly prohibited without prior written consent. Approved ambassadors may share the sample posts, text messages, and emails provided on our Ambassador Leaderboard page, and their personal referral link, to recommend Photo Fly Memories in line with our program rules.

3. Account Registration

If you create an account on the Site:

• You must provide accurate and complete information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• We reserve the right to terminate or suspend accounts that violate these Terms or applicable law.

Joining the Ambassador Rewards Program does not create a Site account. Ambassadors do not receive a personal account or dashboard; see Section 6.

4. Loss or Damage to Physical Materials

While Photo Fly Memories takes extreme care in handling, processing, and storing your physical media (including but not limited to photos, slides, film, and digital storage devices), you acknowledge that such items are often fragile and may be subject to damage or loss.

• Inherent Risk: You understand that the digitization process involves inherent risks to original materials.
• Third-Party Carriers: We are not responsible for any loss or damage that occurs while materials are in the possession of third-party shipping carriers (e.g., USPS, FedEx, UPS).
• Limitation of Liability for Media: In the event of loss or damage caused directly by our negligence, our total liability is strictly limited to the cost of the services provided for those specific items. We are specifically not liable for the sentimental, artistic, or intrinsic value of any original materials.
• Insurance: We recommend that customers insure their shipments and maintain their own backups or duplicates whenever possible before sending materials to us.

These terms also apply to materials collected and returned through our white-glove pickup and delivery service, including pickup and delivery provided as part of the VIP Photo Home Package.

5. Payments and Refunds

• Payments for products or services are processed securely via Stripe.
• We do not store full credit card information.
• Prices are listed in U.S. dollars and include applicable taxes where required.
• Refunds or cancellations are governed by our Refund Policy, as provided at the time of purchase or checkout.
• Refunded or canceled amounts are excluded from any ambassador reward calculation.

6. Ambassador Rewards Program

• Joining: Ambassadors must be at least 18 years old, and enrollment is subject to our approval. By joining, you agree to the program rules and these Terms.
• Independent participants: Ambassadors are independent participants, not employees, agents, partners, or representatives of Photo Fly Memories, and may not make promises, quote prices, or enter into agreements on our behalf.
• Rewards: Rewards are earned and paid only as described in the program rules, including the 60-day qualifying window, the $1,000 minimum eligible project, and the $500 cap on the first referral reward. Rewards are paid by electronic bank payment only to the approved ambassador and are not transferable.
• Taxes: Rewards are taxable income. A completed IRS Form W-9 is required before any reward is paid, and we issue Form 1099-NEC when required by law.
• Disclosure and conduct: Ambassadors must always disclose that they may earn a reward when recommending Photo Fly Memories, must not make false or misleading claims, and must follow all laws that apply to email, text messages, and advertising.
• Professional rules: Each ambassador is responsible for confirming that their profession, licensing body, and employer allow them to accept referral rewards.
• Tracking and records: We track the program directly in our own customer management system, without outside rewards, affiliate, or loyalty software. Our records are final in deciding which referral is credited and what rewards are owed. Ambassadors do not receive a personal account or dashboard; standings appear on our public Ambassador Leaderboard for ambassadors who give permission.
• Removal and changes: We may suspend or remove any ambassador for violating the program rules or these Terms, and may amend, pause, or end the program prospectively with notice, as described in the program rules.
• Questions: All questions about referrals, rewards, or payments should be directed to Photo Fly Memories at 646-799-3996 or jerry@photoflymemories.com.

7. Referral Offers and the VIP Photo Home Package

New customers referred by an approved ambassador may receive our VIP Photo Home Package, subject to the program rules on our Ambassador Rewards page. In summary:

• The referred customer must provide the ambassador's referral code or link when booking, and must book a consultation within 90 days of the referral.
• The package is limited to one per household, has no cash value, and cannot be exchanged for cash or credit or transferred.
• There are no travel charges for pickup and delivery within 30 miles of Bellmore, New York. Travel beyond 30 miles is billed at $62.50 per hour.
• The $500 Project Start Payment still applies.
• After receiving their written estimate, the customer has no obligation to continue, and any unused balance is refunded.
• We may substitute an item of equal or greater value if a listed item becomes unavailable.

An ambassador's recommendation is their own. Photo Fly Memories is responsible for the services we provide, not for statements made by ambassadors.

8. Comment Policy

We welcome comments but require that all submissions comply with these rules:

• Be relevant to the post or discussion.
• Be respectful; harassment, threats, or offensive content is prohibited.
• Avoid profanity, hate speech, or sexually explicit content.
• Do not post spam or promotional content unrelated to the topic.
• Anonymous comments are not allowed.
• Photo Fly Memories reserves the right to edit or delete comments at its discretion.

9. Prohibited Use of the Site

You agree not to:

• Use the Site for any illegal purposes.
• Interfere with or attempt to disrupt the Site, servers, or networks.
• Attempt to gain unauthorized access to other accounts or systems.
• Reproduce or distribute Site content for commercial purposes without permission.
• Misuse referral codes or links, including self-referrals, creating duplicate ambassador accounts, or using another person's code.
• Promote Photo Fly Memories through spam, purchased contact lists, automated or mass text messages, or fake reviews.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information, including information collected through our Ambassador Rewards Program and your rights under the GDPR and CCPA.

11. Disclaimers

The Site and services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee uninterrupted access or that the Site is error-free. We are not responsible for third-party links or content accessible via the Site.

12. Limitation of Liability

To the fullest extent permitted by law:

• Photo Fly Memories is not liable for indirect, incidental, consequential, or punitive damages arising from the use of the Site or services.
• Our total liability for direct damages is limited to the amount you paid for the product or service giving rise to the claim.
• For ambassadors, our total liability relating to the Ambassador Rewards Program is limited to the amount of earned, unpaid rewards.
• Photo Fly Memories is not responsible for statements or communications made by ambassadors.

13. Governing Law

These Terms, including the Ambassador Rewards Program rules, are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any legal disputes arising from these Terms, our services, or the Ambassador Rewards Program must be brought exclusively in the courts located in New York County, New York.

14. Changes to Terms

We may update these Terms at any time. Updated versions will be posted on this page with a revised "Last updated" date. Your continued use of the Site or services, or continued participation in the Ambassador Rewards Program, after changes are posted indicates your acceptance of the new Terms.

15. Contact Information

For questions regarding these Terms or the Ambassador Rewards Program, please contact:

Mauresults Consulting Corp, DBA Photo Fly Memories
2352 Henry Street
North Bellmore, NY 11710
Email: jerry@photoflymemories.com
Phone: 646-799-3996