Terms of service
Effective Date: October 26, 2023
Welcome to Memories Printed! These Terms of Service (“Terms”) govern your use of our website located at www.memoriesprinted.com (the “Site”) and any services provided by us (collectively, the “Service”). By accessing or using our Site and Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Service.
Throughout this Site, "we," "us," and "our" refer to Memories Printed.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Site.
Lawful Use: You may not use our products for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations in your jurisdiction.
Prohibited Actions: You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your access to our Service.
SECTION 2 - GENERAL CONDITIONS
Service Refusal: We reserve the right to refuse Service to anyone for any reason at any time.
Data Transmission: You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Prohibited Activities: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
Headings: The headings used in these Terms are for convenience only and do not limit or affect the Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Information Accuracy: We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
Historical Information: This Site may contain certain historical information. Historical information is not current and is provided for your reference only.
Site Modifications: We reserve the right to modify the contents of this Site at any time without any obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Price Changes: Prices for our products are subject to change without notice.
Service Modifications: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
No Liability: We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Exclusive Availability: Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
Product Representation: We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
Sales Limitations: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
Quantity Limitations: We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
Product Discontinuation: We reserve the right to discontinue any product at any time.
Void Where Prohibited: Any offer for any product or Service made on this Site is void where prohibited.
No Warranty: We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Order Refusal: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
Restrictions: These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Order Changes: In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Order Limits: We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
Third-Party Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.
No Liability: We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
User Responsibility: Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Future Services: We may also, in the future, offer new Services and/or features through the Site. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Third-Party Content: Certain content, products, and Services available via our Service may include materials from third parties.
Non-Affiliation: Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating content accuracy and do not warrant or have any liability for third-party materials or websites.
No Liability for Third-Party Transactions: We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
Review Third-Party Policies: Please review carefully the third-party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Submission Rights: If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.
No Obligation: We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Content Monitoring: We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
User Responsibility: You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
Prohibited Content: Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website.
Authenticity: You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
Liability: You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy, which can be viewed here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Information Errors: Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
Corrections and Cancellations: We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
No Obligation to Update: We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No Specified Update Dates: No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Order Cancellation Notification: If an order is canceled due to inaccuracies, we will notify you via the contact information provided at the time of order.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the Site or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Service Disclaimer: We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
Accuracy Disclaimer: We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Service Removal: You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Use at Your Own Risk: You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied.
No Liability for Damages: In no case shall Memories Printed, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
State Law Limitations: Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in those states or jurisdictions.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Memories Printed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
Obligations Survive Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Termination by Either Party: These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our Site.
Termination for Breach: If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and/or may be denied access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Entire Agreement: These Terms of Service and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
No Waiver: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Interpretation: Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
SECTION 19 - CHANGES TO TERMS OF SERVICE
Review Current Terms: You can review the most current version of the Terms of Service at any time on this page.
Right to Modify: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site.
Responsibility to Check: It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@memoriesprinted.com.
Additional Policies:
Refund Policy: Details on eligibility, timelines, and process for refunds.
Privacy Policy: Information on how customer data is collected, used, and protected.
Terms of Service: Terms governing the use of your website and services.
Shipping Policy: Clear information on shipping methods, estimated delivery times, and fees.
Cancellation Policy: Guidelines on how and when customers can cancel their orders.
Contact Information: How to reach customer service for inquiries or support.