Terms of Service for Legacy Interview Gift Giver

Legacy Interview Gift Purchase Terms of Service

This Agreement is between LEGACY INTERVIEWS (LI) and a person that purchases a Legacy Interview as a gift for a third party. The terms of service are effective as of the purchase of the interview, for the purpose of purchasing a Legacy Interview as a gift for the Participant, in order to preserve an oral history of the Participant’s life, values, and knowledge for future generations.

Gift Purchase Rights and Limitations: The Gift Purchaser acknowledges that purchasing the Legacy Interview as a gift for the Participant does not grant the Gift Purchaser any access to the video, nor does it give them any ability to make edits. The rights to access and edit the Legacy Interview are strictly held by the Participant and Legacy Interviews.

Confidentiality and Ownership of Information: To preserve the privacy and confidentiality of the Participant, LI will obtain the Participant’s consent before sharing any recorded material or information learned during the interview process. The Information remains the sole property of the Participant.

Cancellation and Refund Policy: The Participant may cancel the Legacy Interview and receive a full refund, minus a service fee, as long as the cancellation request is made at least 48 hours prior to the scheduled interview time.

Third-Party Contractors: LI may use third-party contractors and independent contractors to assist with the creation of the Legacy Interview, including but not limited to video editors and transcription services. The Gift Purchaser acknowledges and agrees that these parties will also be bound by the confidentiality and liability provisions of this Agreement.

Liability for Confidential Information: The Gift Purchaser expressly assumes the risk in directing LI to conduct the Legacy Interview and agrees to hold LI harmless from any claims related to the disclosure of confidential information, including but not limited to any breaches of confidentiality by third-party contractors or independent contractors engaged by LI.

The Gift Purchaser acknowledges that LI will take all commercially reasonable steps to protect confidential information, but that there is an inherent risk of exposure to third parties due to data breaches and malicious actors. The Gift Purchaser agrees that LI’s liability for any such disclosure of confidential information shall be limited to the extent set forth in the Limitation of Liability clause of this Agreement.

Delivery: LI will deliver the Legacy Interview to the parties designated by the Participant within 90 days after the completion of the interview. Delivery may be in a digital format, on a disc, or in a transcript depending on the service agreement.

Illegal Information: If the Participant discloses any information related to any criminal activity, LI will turn over such information to the proper governmental authorities.

Entire Agreement: This Agreement constitutes the entire contract between the parties and can only be modified in writing and signed by both parties.

Limitation of Liability: Neither party shall be liable for any incidental, consequential, special, or punitive damages. In no event shall LI’s aggregate liability to the Gift Purchaser for any and all claims exceed the sum of all amounts actually paid to LI by the Gift Purchaser.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Applicable Law: This Agreement shall be governed by the laws of the State of Missouri without regard to conflict of law principles. Any legal action must be brought in the Circuit Court of St. Louis County, Missouri or the United States District Court, Eastern District of Missouri.

Attorney’s Fees: The prevailing party shall be awarded attorney’s fees and costs related to any action taken to enforce the terms of this Agreement.

By purchasing the interview, the Gift Purchaser agrees to the terms and conditions of this Agreement.