Terms and Conditions

Last Updated: September 7, 2025

Welcome

Welcome to MemoryBind.com (“MemoryBind,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your use of our website [https://memorybind.com] (the “Site”) and our services, including the creation, printing, and shipping of custom photo products (the “Services”).

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

1. Scope & Acceptance

These Terms apply to all users, including visitors, customers, vendors, and contributors of content.
Any new features or tools added in the future are also subject to these Terms.
Continued use after updates means acceptance of revised Terms.

2. Eligibility

You must be at least 18 years old to use our Services.
Users under 18 but at least 13 may use the Services only with verified parental or guardian consent.
No one under the age of 13 may use our Services.

3. User Accounts

Certain features require account registration. You are responsible for maintaining the confidentiality of your login credentials.
You agree to provide accurate, current, and complete information.
We reserve the right to suspend or terminate accounts for fraudulent, abusive, or illegal activity.

4. User Content & Intellectual Property

Ownership: You retain all rights in the photos, text, and designs you upload (“User Content”).
License to MemoryBind: By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to use, reproduce, and process your content solely to provide the Services (printing, production, and shipping).
Marketing Use: With your explicit consent, you grant us permission to display your finished product(s) for promotional or marketing purposes. We will not use your content without your consent.
You warrant that you own or have permission to use all content uploaded.
We may refuse or remove any content that is illegal, infringing, offensive, or violates these Terms.

5. Order Process & Payment

Pricing and applicable taxes are displayed on the Site. All fees must be paid at checkout.
Orders are considered final once placed. Please carefully review your design before submitting. Any blank pages, placeholders, or unedited text will be printed as is.
We reserve the right to limit quantities, refuse orders, or cancel at our discretion. If canceled, we will notify you and issue a refund.

6. Shipping & Delivery

Shipping estimates are provided but not guaranteed. Delivery may vary due to production times, carrier delays, or force majeure events.
We ship only to addresses within the United States.
We are not responsible for errors caused by incorrect or incomplete shipping details provided by you.

7. Returns, Reprints & Refund Policy

Because our products are custom-made, all sales are final except in cases of manufacturing defects, damage in transit, or incorrect items.
If your order is defective or incorrect, you must notify us within 15 days of receipt at support@memorybind.com with photos or proof of the issue.
If approved, we will reprint and reship your order at no cost. Refunds are not offered, except where required by law.
We are not responsible for delays outside our control (carrier issues, natural disasters, strikes, etc.).

8. Intellectual Property of MemoryBind

All design tools, templates, logos, text, software, and graphics on the Site are owned by MemoryBind or its licensors.
You may not copy, modify, distribute, or exploit any part of the Site or Services without our written consent.

9. Prohibited Conduct

You may not use the Site or Services to:
- Upload unlawful, infringing, or harmful content.
- Harass, threaten, or abuse others.
- Introduce viruses, malware, or interfere with Site security.
- Scrape, crawl, or data-mine without authorization.

Violation may result in account suspension, cancellation of orders, and legal action.

10. Disclaimers & Warranties

The Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied.
We do not guarantee uninterrupted, error-free, or timely access to the Services.
We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law:
- MemoryBind, its officers, employees, and suppliers are not liable for indirect, incidental, consequential, or punitive damages (including lost profits, data loss, or business interruption).
- Our total liability for any claim is limited to the amount paid for the product or service giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless MemoryBind, its affiliates, and employees against any claims, damages, or expenses arising from:
- Your breach of these Terms,
- Your violation of applicable laws, or
- Your infringement of third-party rights through use of our Services.

13. DMCA / Copyright Policy

MemoryBind respects intellectual property rights. If you believe content on our Site infringes your copyright, please submit a notice to support@memorybind.com.
Repeat infringers may have their accounts terminated.

14. Governing Law, Disputes & Arbitration

These Terms are governed by the laws of the State of Texas, USA.
Any disputes will be resolved in the courts of Harris County, Texas, or through binding arbitration under the rules of the American Arbitration Association (AAA).
Class Action Waiver: You agree to resolve disputes individually, not as part of a class action.

15. Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, pandemics, acts of war, or supply chain disruptions.

16. Termination & Survival

We may suspend or terminate your access immediately for violations of these Terms.
Provisions relating to limitations of liability, indemnification, governing law, and dispute resolution survive termination.

17. Privacy & Data Use

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms. In summary:
- We collect personal info (name, email, address, payment info), uploaded photos/designs, and technical usage data.
- We use data to process orders, communicate with you, prevent fraud, and improve services.
- We share data only with payment processors, shipping carriers, analytics providers, or when required by law.
- Uploaded photos are retained for 90 days to facilitate reorders, then deleted automatically.
- We do not knowingly collect information from children under 13. Users under 18 must have parental consent.
- We use reasonable security measures, including encryption and restricted access, to protect your data.

For the full Privacy Policy, please visit: https://memorybind.com/privacy

18. Entire Agreement & Updates

These Terms, together with our Privacy Policy and referenced policies, constitute the entire agreement.
We may update these Terms from time to time. Continued use after updates constitutes acceptance.

19. Contact Us

Questions? Reach us at:
📧 support@memorybind.com