Terms & Conditions

1. Eligibility and Adult Responsibility

You must be at least 18 years old and legally capable of entering a contract to place an order, create an account, submit material, or give consent. Our website and ordering process are intended for adults, not children acting independently.

If an order concerns a minor, you represent and warrant that you are the minor's parent or legal guardian, or that you have the express authorization of the parent or legal guardian to provide the minor's name, likeness, photographs, voice, memories, and other information and to authorize the uses described in these Terms. You are responsible for obtaining permission from every other person whose material, identity, likeness, or voice you submit.

2. Our Personalized Services

OUYV creates customized products from information and materials supplied by customers and authorized participants. Depending on the product purchased, the service may include an original story, custom or technology-assisted artwork derived from submitted references, an electronic book, a printed book, narration, a private listening page reached through a QR code, or preservation of qualifying voice material for potential authorized future use.

Product descriptions, estimated production times, formats, page counts, packaging, and included revisions are those shown at checkout when the order is placed. Images, mockups, samples, colors, and screen displays are illustrative. Printed colors, image crops, paper, binding, packaging, audio volume, and device playback may vary reasonably because of production methods, source quality, suppliers, displays, speakers, and accessibility settings.

3. Customer Submissions

"Customer Submissions" means anything you or someone acting through your order provides to OUYV, including photographs, scans, names, likenesses, memories, family information, written text, recordings, transcripts, dedications, instructions, logos, artwork, and other content.

Your ownership and permissions

You retain any ownership rights you have in your Customer Submissions. You represent and warrant that:

• you own each Customer Submission or have all licenses, releases, consents, and permissions required to provide it and authorize our use;
• the submission and our permitted use of it will not infringe or violate copyright, trademark, privacy, publicity, confidentiality, contractual, moral, personality, voice, biometric, or other rights;
• you have permission from the photographer or copyright owner, not merely from the person shown in a photograph, unless an applicable exception permits the use;
• you have authorization from every identifiable adult and, for each minor, the minor's parent or legal guardian;
• all information you provide is materially accurate and is not unlawfully obtained, deceptive, defamatory, threatening, obscene, exploitative, or otherwise unlawful; and
• you will not submit sensitive records, government identification numbers, financial account data, medical records, or other information that is unnecessary for the product.

Limited license to OUYV

You grant OUYV and its employees, contractors, technology providers, printers, fulfillment partners, hosting providers, and other service providers a worldwide, nonexclusive, royalty-free license to host, copy, reproduce, adapt, crop, enhance, transcribe, format, transform, combine, create production files from, print, manufacture, transmit, display privately, and otherwise use Customer Submissions only as reasonably necessary to evaluate, create, revise, deliver, support, preserve, or enforce the product and services you requested; comply with law; protect our rights or users; and maintain reasonable business records.

This production license does not authorize OUYV to use private Customer Submissions in public advertising, social media, portfolios, samples, publicity, model training, or unrelated products. Any public promotional use requires a separate, express release. We may use de-identified operational information that cannot reasonably identify a person or family.

Our right to reject or remove material

We may refuse, pause, remove, or require replacement of any Customer Submission or order that we reasonably believe violates these Terms, creates legal or safety risk, exploits a child, contains unlawful or infringing material, requests deception or impersonation, or is technically unsuitable. We do not have a duty to investigate the ownership or accuracy of every submission, and our acceptance of material does not waive your obligations.

4. Photographs, Copyright, and Likeness Rights

A person who possesses a photograph does not necessarily own its copyright. You are responsible for confirming that you may authorize reproduction and adaptation of every submitted image. Photographs obtained from social media, professional photographers, schools, studios, news outlets, websites, stock libraries, or other third parties may require separate permission even when they depict you or your family.

You authorize OUYV to use submitted photographs as visual references and, when included in the ordered service, to crop, retouch, stylize, transform, or use them to create custom illustrations and layouts. Because artwork may be interpretive or technology-assisted, it may not reproduce a person, pet, place, or object exactly. You are responsible for reviewing the proof and promptly identifying material errors before approval.

5. Voice Recordings and Voice Rights

You may submit only a recording of yourself or of a person who has knowingly authorized the recording, submission, and uses described here. If the speaker is a minor, a parent or legal guardian must provide authorization. You represent and warrant that the recording was made and shared lawfully and that no court order, contract, estate restriction, privacy obligation, or third-party right prohibits its use.

Current narration

For an order that includes narration, the speaker grants OUYV the limited production license needed to edit for clarity, reduce noise, segment, synchronize, encode, host, reproduce, and deliver the recording with the ordered story and private listening experience. Routine editing may change pauses, volume, pacing, or background noise but is not intended to change the speaker's meaning.

No automatic voice cloning or new speech

Submitting narration for a current book does not, by itself, authorize OUYV to clone, synthesize, recreate, imitate, or generate new speech in the speaker's voice. Any creation of a voice model, generation of words the speaker did not record, future narration, or posthumous use requires separate, express consent that identifies the authorized uses and, when applicable, authorized requesters or beneficiaries.

Legacy voice services

If you purchase a Family Legacy or other voice-preservation service, additional consent and authorization terms may apply. The speaker or legally authorized representative must complete the required consent process. Voice preservation is a custodial service and does not transfer ownership of the speaker's identity or voice to OUYV. Unless a separate signed agreement expressly says otherwise, OUYV may not sell, license, publicly disclose, or use preserved voice material for advertising, unrelated model training, or another customer's product.

References to long-term, lifetime, permanent, or forever preservation describe the intended legacy purpose of the service, not a guarantee that a particular website, QR code, file format, vendor, storage system, or company will operate without interruption or exist indefinitely. OUYV will use commercially reasonable efforts to preserve covered material while the applicable service remains offered. Technology, security threats, law, vendor availability, and business operations may change. Where reasonably practicable, we may migrate files or delivery methods and provide notice or an export opportunity before materially discontinuing a paid archival service.

6. Private Listening Pages, QR Codes, and Access

A QR code is a convenient pointer to a digital destination; it does not store the audio itself. Scanning may require a compatible device, camera, browser, internet connection, and currently supported technology. The listening page, web address, authentication method, or hosting provider may change, and we may redirect or replace access methods to maintain or improve the service.

A listening page described as private is access-controlled or unlisted, but no internet transmission or storage system can be guaranteed absolutely secure. Anyone who possesses a working QR code, private link, password, or access credential may be able to reach the content. You are responsible for controlling physical and digital copies and for promptly notifying us if access is lost, shared without permission, or suspected to be compromised.

You may use a QR-linked experience for personal and family purposes. You may not bypass access controls, scrape or probe the service, distribute access publicly, resell access, or use the page to harass, exploit, impersonate, or violate another person's rights. We may suspend or disable access reasonably necessary to address security, misuse, nonpayment, legal demands, infringement claims, or threats to a person or the service.

Temporary interruptions may occur because of maintenance, outages, attacks, device incompatibility, third-party providers, or events beyond our reasonable control. If a QR code supplied by OUYV becomes nonfunctional because we changed the destination while the associated service remains active, contact us and we will use reasonable efforts to restore or provide replacement access.

7. Proofs, Approvals, and Customer Cooperation

You must provide complete, legible, and technically usable material and respond to reasonable requests for clarification or replacement files. Production estimates pause while required information, authorization, narration, approval, or payment is missing.

When a proof is provided, review names, spelling, relationships, dates, dedication, story details, likeness references, layout, and other customer-supplied facts. Your approval authorizes final production. OUYV is not responsible for an error you approved, failed to identify, or caused through inaccurate or incomplete information. Changes requested after approval may require a new fee and may not be possible after printing or final digital production begins.

Unless the product description states otherwise, a revision means a reasonable correction or adjustment within the original creative brief, not a new concept, replacement story, new set of photographs, different narrator, or material expansion of scope. Additional work may be quoted separately.

8. Prices, Payment, Taxes, and Chargebacks

Prices are displayed at checkout and may change for future orders. You authorize us and our payment provider to charge the total shown, including applicable taxes, shipping, upgrades, and approved additional work. Payment processing is subject to the payment provider's terms.

If you dispute a charge, contact us first so we can investigate. Filing a chargeback does not cancel valid payment obligations or transfer rights in a completed custom product. We may pause production or digital access during a payment dispute and may provide the payment processor with order, consent, approval, delivery, and communication records.

9. Cancellations, Refunds, Remakes, and Shipping

Customized products

OUYV products are personalized and made to order. You may request cancellation before creative or production work begins. If we approve the cancellation, we will refund the amount paid less nonrefundable payment-processing fees and any separately disclosed costs already incurred. Once writing, artwork, editing, narration processing, layout, proof production, printing, voice processing, or other customized work has begun, the order is not automatically refundable.

Corrections and remakes

If the delivered product has a manufacturing defect, arrives damaged, materially differs from the approved proof because of our error, or contains a material error we introduced, notify us through the website contact page within 14 days after delivery or discovery and include the order number and reasonable supporting photographs or information. Our primary remedy, at our option, is correction, re-performance, replacement, restored access, or remake. If we cannot provide a reasonable remedy, we may issue a partial or full refund for the affected item.

Subjective preferences, ordinary artistic variation, minor color differences, limitations in customer-provided source material, an approved detail, a customer-caused error, or damage after delivery ordinarily do not qualify as defects. We may nevertheless offer one reasonable creative adjustment or other accommodation in our discretion.

Shipping

Production and delivery dates are estimates, not guarantees. Risk of loss passes as permitted by applicable law. You are responsible for an accurate deliverable address and for promptly reporting tracking or delivery problems. Carrier delays, customs, weather, supply interruptions, and events outside our reasonable control may extend delivery. Replacement of an order sent to an incorrect customer-provided address may require additional payment.

Nonwaivable rights

Nothing in this section limits any refund, cancellation, warranty, or other right that cannot lawfully be waived. If a product-specific written policy gives you greater rights, that policy controls for that product.

10. Ownership of OUYV Work

OUYV and its licensors retain ownership of the website, brand, trademarks, service marks, designs, software, workflows, templates, general creative methods, and preexisting materials. Subject to full payment, OUYV grants the purchaser a nonexclusive, nontransferable license to use the finished personalized product for personal, noncommercial family use, including ordinary personal gifting and display.

Unless we agree otherwise in writing, you may not reproduce products for sale, publish or distribute production files, remove proprietary notices, use our work to train a model or competing service, claim authorship of OUYV-created material, or commercially exploit, sublicense, or create derivative commercial products from the finished work. Your Customer Submissions remain subject to your rights and the rights of their owners; our ownership of the finished creative work does not give us ownership of your underlying family photographs or recordings.

11. Copyright Complaints

If you believe material processed or hosted through our service infringes your copyright, send a written notice through the Contact page with the subject "Copyright Notice." Include your physical or electronic signature; identification of the copyrighted work; identification and location of the challenged material; your address, telephone number, and email address; a statement of your good-faith belief that the use is not authorized by the owner, its agent, or law; and a statement under penalty of perjury that the notice is accurate and you are authorized to act for the owner.

We may remove or disable access to challenged material while investigating and may notify the customer who supplied it. We may terminate access for repeat or serious infringement. Submission of a false or materially misleading notice may create liability. Any formal designated-agent information required for a statutory safe-harbor process will be posted on the website when applicable.

12. Privacy, Security, Retention, and Deletion

Our collection, use, disclosure, security, retention, and deletion of personal information are described more fully in our Privacy Policy and any Photo and Voice Consent. Those documents are incorporated into these Terms. If there is a conflict about permission to use a voice, likeness, or submission, the more specific signed consent controls to the extent of the conflict.

We use service providers to perform functions such as hosting, transcription, payment processing, printing, fulfillment, security, and customer support. We may provide them only the information reasonably needed for their work and subject them to appropriate obligations. No storage or transmission method is completely secure, and you should retain your own copies of important original files.

Deletion requests are subject to identity and authority verification and may not remove information we must retain for legal, accounting, fraud-prevention, dispute, consent, backup-cycle, or contract-enforcement purposes. Deleting source material may make a QR experience, replacement, future narration, or legacy service unavailable. The consequences of deletion will be explained when reasonably practicable before we complete the request.

13. Third Party Services

Our services may depend on or link to third-party websites, devices, carriers, printers, processors, hosting providers, transcription tools, or other technology. Their services are governed by their own terms and privacy practices. OUYV is not responsible for third-party services outside our control, but we remain responsible for our own obligations under applicable law and our agreements with you.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OUYV DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED. WE DO NOT GUARANTEE THAT A STORY, ILLUSTRATION, LIKENESS, RECORDING, TRANSCRIPTION, QR EXPERIENCE, OR LEGACY SERVICE WILL MEET EVERY SUBJECTIVE EXPECTATION OR OPERATE WITHOUT INTERRUPTION, LOSS, ERROR, OR DEVICE INCOMPATIBILITY.

OUYV does not provide legal, estate-planning, archival, identity-verification, or digital-immortality guarantees. Emotional or memorial products may be meaningful, but they are not substitutes for professional counseling, estate documents, independent backups, or instructions to fiduciaries and family members.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUYV AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, DATA, OPPORTUNITY, GOODWILL, OR EXPECTED EMOTIONAL VALUE; OR UNAUTHORIZED ACCESS OR THIRD-PARTY CONDUCT OUTSIDE OUR REASONABLE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM AN ORDER OR SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO OUYV FOR THE SPECIFIC ORDER OR SERVICE GIVING RISE TO THE CLAIM. These limits do not apply where prohibited by law and do not exclude liability that cannot lawfully be limited, including liability based on intentional misconduct where applicable.

16. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless OUYV and its members, managers, employees, contractors, service providers, successors, and assigns from third-party claims, demands, proceedings, damages, judgments, settlements, penalties, losses, and reasonable attorneys' fees and costs arising from or related to: (a) your Customer Submissions; (b) your breach of these Terms or a consent; (c) your violation of copyright, trademark, privacy, publicity, voice, likeness, contractual, parental, guardianship, estate, or other rights; (d) your unlawful recording or lack of authority to act for a child, speaker, person depicted, copyright owner, estate, or other rights holder; or (e) your misuse of a product, QR code, private page, recording, or service.

We may control the defense and settlement of an indemnified claim with counsel of our choosing, and you will reasonably cooperate. We will not agree to a settlement that imposes an admission or nonmonetary obligation on you without your consent, not to be unreasonably withheld. This section does not require you to indemnify OUYV for a claim to the extent caused by OUYV's own breach, negligence, or willful misconduct where such allocation is prohibited by law.

17. Events Beyond Reasonable Control

OUYV is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, epidemic, war, civil disorder, government action, labor or supply interruption, carrier delay, utility or internet failure, cyberattack, platform or vendor failure, or material shortage. We will use reasonable efforts to communicate material delays and resume performance.

18. Governing Law and Disputes

Before filing a formal claim, you and OUYV agree to send written notice describing the dispute and requested resolution and to allow 30 days for good-faith informal resolution. Notice to OUYV may be submitted through the website Contact page and must include the order number when applicable.

These Terms and any dispute are governed by Florida law, without regard to conflict-of-law principles. Unless applicable law requires otherwise, any court proceeding must be brought in the state or federal courts serving Brevard County, Florida, and each party consents to personal jurisdiction and venue there. Either party may bring an eligible individual claim in small claims court. OUYV may seek injunctive or equitable relief to protect confidential information, intellectual property, security, or access controls. This section does not prevent a consumer from invoking a nonwaivable right under applicable law.

19. Changes to Terms or Services

We may update these Terms prospectively by posting a revised version and effective date. The Terms accepted when an order is placed generally govern that order, except that later changes may apply when required by law, necessary for security, or affirmatively accepted for a renewed or continuing service. Material changes to an active paid archival service will be communicated through reasonable available contact information.

We may modify technology, vendors, URLs, formats, authentication, or delivery methods if the essential service is maintained. We will not materially expand permission to use a person's preserved voice, likeness, or private Customer Submission without the required additional consent.

20. General Terms

These Terms, the Privacy Policy, the applicable product description, the Refund and Cancellation Policy, and any signed Photo and Voice Consent form the agreement between you and OUYV for the covered service. If a product-specific signed agreement conflicts with these Terms, the more specific agreement controls for that issue.

You may not assign an order or your rights under these Terms without our written consent, except as expressly permitted in a legacy authorization. OUYV may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or transfer of the service, subject to applicable privacy and consent obligations. If any provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. Headings are for convenience. Provisions that by their nature should survive, including ownership, payment, disclaimers, liability limits, indemnification, and dispute terms, survive completion or termination.

21. Contact

Questions, cancellation requests, defect reports, access problems, deletion requests, and legal notices may be submitted through the Contact page at onceuponyourvoice.com. Include your name, contact information, order number if applicable, and enough detail for us to identify and respond to the request. Do not place confidential voice files, children's photographs, or sensitive personal information in an ordinary contact message unless we provide a secure upload method.