Terms and Conditions
Last updated: March 2026
1. Introduction
Welcome to Memories Made Custom ("MMC," "we," "us," or "our"), a photo keepsake service operated by Data Fanalytics LLC, based in Hicksville, New York. These Terms and Conditions ("Terms") govern your use of our services, including our photo kiosks at events and our website at memoriesmadecustom.com.
By using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
2. Service Description
Memories Made Custom provides on-site photo capture and keepsake delivery at events. Our services include:
- Photo capture at our self-service kiosks during events.
- Digital delivery of keepsake photos via email or SMS.
- On-site printing of physical photo keepsakes.
- Optional premium keepsake products available for purchase.
3. User Responsibilities
When using our photo kiosks and services, you agree to:
- Use the equipment respectfully and in accordance with its intended purpose.
- Not capture or submit photos that are offensive, obscene, or illegal.
- Provide accurate contact information (phone number or email) for photo delivery.
- Not attempt to tamper with, damage, or misuse the kiosk equipment.
- Comply with any instructions provided by event staff or MMC operators.
4. Intellectual Property and Photo Ownership
Your photos belong to you. You retain full ownership of any photos taken at our kiosks. By using our service, you grant Memories Made Custom a limited, non-exclusive license to process, store, and deliver your photos for the purpose of fulfilling your keepsake order. This license expires when your photos are deleted from our systems (90 days after the event, or sooner upon request).
The Memories Made Custom name, logo, website design, and templates are the property of Data Fanalytics LLC. You may not reproduce, distribute, or create derivative works from our branding or proprietary materials without written permission.
5. Payments and Refunds
Certain keepsake products or premium options may require payment. All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service.
Refund policy: If you are unsatisfied with a keepsake product due to a quality issue (e.g., printing error, incorrect photo), please contact us at support@memoriesmadecustom.com within 14 days of your event. We will review your request and, at our discretion, offer a replacement or full refund. Refunds for digital-only deliveries are generally not available since the service has already been rendered.
6. SMS Terms
By providing your phone number at our kiosk, you consent to receive SMS messages from Memories Made Custom regarding your photo keepsakes. Please review the following:
- Message frequency: You will typically receive 1–2 messages per event.
- Message and data rates may apply depending on your mobile carrier and plan.
- Opt out: Text STOP to any message to unsubscribe from future SMS communications.
- Help: Text HELP to any message for assistance, or contact support@memoriesmadecustom.com.
- SMS consent is not a condition of purchase. You may decline to provide your phone number and still receive your photos via email.
7. Limitation of Liability
To the fullest extent permitted by law, Memories Made Custom and Data Fanalytics LLC, including their owners, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.
Our total liability to you for any claim arising from or related to our services shall not exceed the amount you paid to us for the specific keepsake product or service in question.
We are not responsible for equipment malfunctions, event-related disruptions, or circumstances beyond our reasonable control that may affect service delivery.
8. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the availability, reliability, or accuracy of our services. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
While we strive to deliver high-quality photo keepsakes, we cannot guarantee that every photo will meet your expectations due to variables such as lighting conditions, camera positioning, and other factors at the event.
9. Privacy
Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your personal information.
10. Modifications to Terms
We reserve the right to update or modify these Terms at any time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be resolved in the courts located in Nassau County, New York.
12. Contact Us
If you have any questions about these Terms, please contact us:
Memories Made Custom
Operated by Data Fanalytics LLC
Hicksville, NY