Legal

Terms of Use

Effective:  ·  Last updated:

These Terms of Use ("Terms") govern access to the Site and purchases, uploads, quote requests, invoice payments, and other interactions made through it. By using the Site or submitting an order, you agree to these Terms. If you do not agree, do not use the Site.

1.Eligibility and Authority

You must be at least 18 years old and able to enter a binding agreement. If you act for a family, funeral home, church, business, organization, or other person, you represent that you have authority to provide instructions, submit materials, approve proofs, and bind that party to the order.

2.Services and Orders

We provide custom design, memorial and obituary products, marketing materials, printing, photo enhancement, digital products, and related creative services. An online submission, quote request, or shopping-cart entry is not necessarily an accepted order. We may review the specifications, materials, deadline, availability, shipping requirements, and payment before accepting an order. We may decline work that is unlawful, misleading, abusive, discriminatory, infringing, technically unsuitable, or inconsistent with our services.

Quotes are based on the information supplied and may change if quantities, page counts, sizes, materials, shipping, deadlines, image counts, revisions, or other specifications change. Taxes, rush charges, delivery, and shipping may be additional unless expressly included.

3.Customer Materials and Permissions

You retain the rights you hold in photographs, text, logos, music, video, names, likenesses, and other materials you submit ("Customer Materials"). You grant Farris Media a limited, nonexclusive license to receive, store, edit, reproduce, print, transmit, and otherwise use Customer Materials as reasonably necessary to quote, design, proof, produce, deliver, archive, and support your order.

You represent and warrant that you have all permissions required to submit and use the Customer Materials, including authorization from the family, estate, photographer, copyright owner, organization, or person depicted when applicable. You are responsible for the accuracy and lawfulness of all names, dates, obituary details, photographs, music, quotations, logos, and instructions you supply. Do not upload Social Security numbers, financial-account credentials, medical records, or other highly sensitive information unless we specifically request it through an approved secure method.

4.Proofs, Revisions, and Approval

You must carefully review every proof for names, dates, spelling, grammar, photographs, sequence, addresses, service information, colors, layout, and all other content. Submit revisions in one clear, consolidated list by the stated deadline. Revision limits, additional-revision fees, image limits, and rush deadlines shown in your quote, invoice, order form, or customer agreement are incorporated into these Terms.

Production does not begin until we receive any required approval and payment. When you approve a proof—including by replying "APPROVED," signing an approval, or using an online approval control—you authorize production as shown. Customer-supplied errors and requested changes discovered after approval are not company errors and may require additional fees, a new production timeline, and full reprinting costs.

5.Portrait Enhancement and Color

Photo restoration and enhancement results depend on the quality and resolution of the original image. Unless a customer expressly requests an approved creative transformation, our goal is to preserve the subject's identity and authentic appearance while improving production quality. Screens, mobile devices, printers, papers, inks, fabrics, and substrates reproduce color differently; exact color matching is not guaranteed unless expressly agreed in writing and supported by an approved physical proof.

6.Payment

Design fees, deposits, balances, taxes, rush charges, shipping, and other amounts are due as stated at checkout, on the quote or invoice, or in the customer agreement. Work may be paused and deadlines may change if payment, materials, feedback, or approval is late. No order will be printed, released, shipped, or delivered until the required balance is paid in cleared funds. Chargebacks or payment disputes made contrary to an accepted order agreement may be contested with the applicable payment provider, together with order records and proof of approval or delivery.

7.Turnaround, Shipping, and Delivery

Turnaround and delivery dates are estimates unless we expressly guarantee a deadline in writing. Timelines begin only after we receive all required materials, cleared payment, and final approval. We are not responsible for delay caused by incomplete or late customer materials, late approvals, carrier disruption, weather, equipment failure, supply shortage, third-party platforms, force majeure, or events beyond reasonable control.

Risk of loss for shipped physical products passes as provided by applicable law and the carrier's terms. You must provide a complete, accurate delivery address and promptly inspect delivered products. Shipping charges are nonrefundable. Carrier claims and company-error claims are handled under the Refund/Return Policy.

8.Intellectual Property in Custom Work

Customer Materials remain the property of their owners. Unless a separate written agreement expressly transfers additional rights, Farris Media retains ownership of its preexisting materials, methods, templates, concepts, working files, editable files, source files, production techniques, brand elements, and reusable design components. Upon full payment, you receive a limited, nonexclusive, nontransferable license to use the final approved deliverable for the personal, memorial, event, organizational, or business purpose stated in the order. You may not resell, sublicense, reproduce for additional commercial production, provide editable files to another designer or printer, remove ownership notices, or create a substantially similar competing product without written permission.

9.Portfolio Use

We will use customer work publicly in our portfolio, advertising, education, social media, or award submissions only as authorized by the applicable order form, release, customer agreement, or separate written permission. You may withdraw permission for future displays by contacting us; withdrawal does not require removal of materials already lawfully printed, distributed, archived, or incorporated into completed publications, to the extent permitted by law.

10.Acceptable Use

  • Do not use the Site to violate law, infringe rights, impersonate another person, commit fraud, transmit malware, interfere with Site security, scrape content, or attempt unauthorized access.
  • Do not submit defamatory, threatening, exploitative, obscene, discriminatory, or knowingly false content.
  • Do not use Site content, portfolio designs, or deliverables to train, prompt, benchmark, or populate an artificial-intelligence system without written permission.

11.Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM IMPLIED WARRANTIES THAT MAY LEGALLY BE DISCLAIMED. FARRIS MEDIA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, EMOTIONAL DISTRESS, OR LOSS ARISING FROM SITE USE, DELAY, THIRD-PARTY SERVICES, OR CUSTOMER-SUPPLIED MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PARTICULAR PAID ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO FARRIS MEDIA FOR THE AFFECTED PRODUCT OR SERVICE. Nothing in these Terms excludes liability or remedies that cannot lawfully be excluded.

12.Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Farris Media and its owners, employees, contractors, and service providers from third-party claims, damages, and reasonable costs arising from Customer Materials, your lack of authority or permission, your violation of these Terms, or your unlawful use of the Site or deliverables.

13.Governing Law and Disputes

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Before filing a claim, you agree to contact us at [email protected] and make a good-faith effort to resolve the matter informally for at least 30 days. Any court proceeding shall be brought in a court of competent jurisdiction serving Shelby County, Tennessee, unless applicable consumer law requires otherwise.

14.Changes, Severability, and Contact

We may update these Terms by posting a revised version and changing the "Last updated" date. Changes apply prospectively unless law permits otherwise. If any provision is unenforceable, the remaining provisions remain in effect. Questions may be sent to Farris Media & Marketing Management at [email protected], (901) 921-0110, or 2960 Chelsea Avenue Unit B, Memphis, TN 38108.

Questions?