Welcome to Memory Box! Memory Box LLC, ("Memory Box") offers software services that enable customers to create and purchase personalized children's art books, along with various tangible and intangible items, such as mugs, mosaics, posters, pillows, towels, calendars, and digitized artwork (referred to as the "Products"). The range of services provided by Memory Box LLC includes book purchasing services, artwork digitizing services, the Memory Box Marketplace, and any other features, content, websites, or services offered periodically by Memory Box LLC (collectively known as the "Services").

​

Memory Box offers the Services on and through its website located at memoryboxclub.com. These terms and conditions ("Terms of Service" or "Agreement") govern your access to and use of this website and any successor domain names or sites (the "Site"), the Services provided by Memory Box, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.

​

Memory Box also offers additional Services on the Memory Box Marketplace located at memoryboxclub.com/shop (the "Marketplace"). On the Marketplace, you can purchase a variety of products featuring artwork submitted by direct upload, as well as through accessing the digital gallery. These Terms of Service also govern your access to and use of the Marketplace.

​

Please read these Terms of Service carefully. By accessing and using the Services in any manner, you are accepting and agreeing to be legally bound by these Terms of Service to the exclusion of all other terms.
 

If you do not unconditionally accept these terms in their entirety, you shall not (and shall have no right to) access or use the Services. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. These terms should be read in conjunction with Memory Box's Privacy Policy and Copyright Policy.

​

Wherever used in these Terms of Service, "you," "your," "Customer," or similar terms refer to the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.

​

Wherever used in these Terms of Service, "we" or "us" refers to Memory Box, any company it controls or that controls it (for example, a parent company or a subsidiary of Memory Box), and their respective members, shareholders, directors, officers, employees, and agents, successors, and assigns.

​

We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on the Site and/or the Marketplace, and we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Your continued use of the Services after any such changes have been made shall constitute your consent to such changes. It is your responsibility to regularly review the most current version of the Terms of Service, which are currently available here. When we modify these Terms of Service, we will update the "Last Updated" date above.

​

TERMS AND CONDITIONS

​

Age Restrictions. To utilize some of the Services, such as placing an order on the Site, you are required to create an account. If you are below 18 years old, your parent or legal guardian must create the account for you. If you are below 13 years old, you may not use the Services unless accompanied by your parent or legal guardian.

​

Privacy Policy. The use of the Services is governed by our privacy policy, accessible at memorybox.com/privacy-policy. Our privacy policy outlines the information we may collect about you, explains how we use your information, the security measures we implement to safeguard it, and provides details on your options for managing your information.

Children’s Privacy. We are dedicated to protecting the privacy of children. It's important to note that the Services are not intended or designed for children under the age of 13. We do not knowingly collect personally identifiable information from individuals we are aware are under the age of 13.

​

Additional Terms. In certain sections of the Site or Marketplace, or to access specific Services, you might need to download software or content and/or agree to additional terms and conditions that govern the usage of those sections, Services, software, and/or content ("Additional Terms"). Unless stated otherwise in the Additional Terms, they are considered part of these Terms of Service. If there is any conflict between the terms in these Terms of Service and any Additional Terms, the specific Additional Term will take precedence in relation to your use of that particular aspect of the Site, Marketplace, or Services.

​

Fees and Payment. Payment by Credit Card. Memory Box utilizes Stripe as a third-party service provider for most credit card transactions. If you choose to pay by credit card, you agree to abide by Stripe's U.S. Terms of Service, which can be found at https://stripe.com/us/terms, and Stripe's Privacy Policy, available at https://stripe.com/us/privacy. By providing payment information, you give consent to Memory Box and Stripe to share necessary information and payment instructions to facilitate the completion of the payment transactions in accordance with these Terms of Service. This includes personal, financial, credit card payment, and transaction information.

​

Payment by PayPal. In specific cases, Memory Box also accepts payment through PayPal. When you opt to pay via PayPal, the transaction is redirected from the Site or the Marketplace to PayPal's payment site. When using PayPal, your financial information is not shared with Memory Box. Once redirected to PayPal's site, PayPal assumes responsibility for safeguarding your personal and financial information. Your PayPal account and any associated activities are subject to PayPal's terms and conditions, and any information provided to PayPal is governed by PayPal's privacy policy. Upon completion of the payment process via PayPal, you will receive a receipt for the transaction from PayPal via email.

​

Payment by Apple Pay. In specific cases, Memory Box also accepts payment through Apple Pay. When you opt to pay via Apple Pay, your Apple Pay account and any associated activities are subject to Apple Pay's terms and conditions, and any information provided to Apple Pay is governed by Apple Pay's privacy policy.

​

Taxes, Fees, and Charges. You are responsible for paying all applicable taxes, fees, and other charges related to your use of the Services, as well as for any orders and purchases of Products (including, but not limited to, sales, use, or value-added taxes). Memory Box may automatically collect and withhold such taxes, fees, or other charges for orders delivered to jurisdictions where it is deemed necessary. When ordering Products for international delivery, you may be subject to import duties and taxes imposed upon the arrival of the Products at your specified destination. Any charges for customs clearance are your responsibility, as Memory Box has no control over such charges and cannot predict their amounts (if applicable). Customs policies vary from country to country, so it is advisable to contact the customs office in the country where Memory Box will ship your Products for more information. Additionally, please note that as the importer of record, you must comply with all laws and regulations of the destination country.

​

Returns. All returns of Products are subject to Memory Box's current return policies, as indicated on the Site at: memorybox.com/shippingreturns.

​

Accounts creation is required to: 

​

- Submit Artwork and create books or Products
- Make purchases on the Site (memoryboxclub.com)
- Access your Image Gallery
- Participate in forums or other community features

​

It is not necessary to create an account to make purchases on the Marketplace (memorybox.com/shop). By creating an account, you agree to provide accurate, up-to-date, and complete information about yourself as prompted during the account registration process. You must not impersonate any person or entity, nor misrepresent your identity or affiliation with any person or entity. This includes refraining from using another person's username, password, or account information, as well as using another person's name, likeness, image, or photograph. You are responsible for promptly notifying us of any unauthorized use of your username, password, or account information, or any security breach related to the Services that you become aware of. Additionally, you agree to log out of your account at the end of each session. Please note that creating an account is not necessary for placing orders on the Marketplace.

​

Passwords. When you register for an account, you will be prompted to select a username and a password. It is your sole responsibility to maintain the confidentiality and security of your password. If you suspect any unauthorized use of your password or unauthorized access to your account, you agree to notify us immediately. You are solely accountable for any actions taken using your password and/or account.

​

Termination. You acknowledge that we reserve the right, at our sole discretion and in compliance with applicable law, to: (1) terminate your account or your ability to access or use the Services, at any time and without prior notice, for any reason, including, but not limited to, violation of any applicable law, these Terms of Service, other policies or guidelines provided by us, or any other justifiable reason; and (2) delete and/or remove any content or materials, including, but not limited to, any information, image files, or other content submitted by you or on your behalf. Furthermore, you agree that we shall not be held liable to you or any third party for any termination of your access to the Services. We recommend that you create personal copies of all content you submit to us.

​

Geographic Restrictions. Memory Box is headquartered in the State of Pennsylvania, United States. We make no claims regarding the accessibility or suitability of the Services outside of the United States. Access to the Services may be prohibited by certain individuals or in certain countries. If you choose to access the Services from outside the United States, you do so voluntarily and are responsible for complying with local laws.

​

Prohibited Uses. You may only use and access the Services for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services to:

​

- Violate any applicable federal, state, local, or international law or regulation, including laws concerning the export of data or software to and from the United States or other countries.
- Violate these Terms of Service.
- Promote illegal activities or advocate, promote, or assist in any unlawful acts.
- Threaten, stalk, harm, harass others, or promote bigotry or discrimination.
- Submit, transmit, or make available any material, content, or Artwork that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, offensive, or objectionable. Only submissions that clearly originate from a child will be accepted as Artwork for inclusion in Products. No adult content may serve as the subject matter of any artwork, and any material that is threatening, defamatory, abusive, obscene, pornographic, inappropriate, profane, or could give rise to civil or criminal liability under applicable law will not be accepted.
- Exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content or requesting personally identifiable information.
- Impersonate Memory Box, a Memory Box employee, another user, or any other person or entity, including using email addresses or screen names associated with any of the aforementioned.
- Misrepresent your identity or affiliation with any person or entity.
- Manipulate headers or identifiers to conceal the origin of any submitted or transmitted material or content.
- Submit, transmit, or make available any material or content for which you do not have the right under any law or contractual or fiduciary relationship.
- Submit, transmit, or make available any material or content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Transmit or facilitate the transmission of any advertising or promotional material without prior written consent from Memory Box, including "junk mail," "chain letters," "spam," or any other similar solicitation.
- Interfere with or disrupt the Site, the Marketplace, or the servers or networks connected to them, or disobey any requirements, procedures, policies, or regulations of the connected networks.
- Introduce, upload, post, email, or transmit any viruses, Trojan horses, worms, logic bombs, or other computer code or material that may interrupt, destroy, or limit the functionality of the Services, interfere with user access, or cause harm through malicious or technological means.
- Circumvent, disable, or otherwise interfere with security-related features of the Services or features that restrict or prevent the use or copying of content, or features that enforce limitations on the Services' use.
- Attempt to interfere with the proper functioning of the Services.
- Harvest or collect information from other users without their explicit consent, and if consent is granted, only in accordance with applicable law.
- Use the Services in a manner that competes with Memory Box.
- Engage in any conduct that restricts or inhibits the use or enjoyment of the Services by others, or that, as determined solely by us, may harm Memory Box, users of the Services, or expose them to liability.

​

We retain the sole discretion to determine whether material or content provided by you violates these prohibited uses, and we may examine any submitted material or content at any time. While we may not review all material and content submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, edit, or take any other appropriate action with respect to prohibited content and material, for any reason, and at any

 time, without prior notice. However, when you access the Services, you acknowledge and agree that all material or content (whether private or public) provided to us and/or uploaded and/or stored through the Services is solely the responsibility of the person who submitted it. By accessing the Services, you understand that you may be exposed to material or content that you find offensive, and you assume sole responsibility for such exposure.

​

Proprietary Rights.

​

Definitions. "Artwork" includes all artwork that you submit to us via the Services. "Digitized Artwork" refers to digitized electronic copies of the Artwork created by or on behalf of Memory Box, as well as digital artwork that you directly submit to us.

​

Image Galleries. Undigitized Artwork that you submit to Memory Box is digitized to create Digitized Artwork. All of your Digitized Artwork is stored in an online image gallery that can be accessed from within your Memory Box account (your "Image Gallery"). 

​

Title to Artwork. By submitting the Artwork to Memory Box, you agree that you are transferring title to the Artwork to Memory Box. You acknowledge that Memory Box is under no obligation to return any of the Artwork to you.

​

Copyright in Artwork. You represent, warrant, and affirm that: (i) you own or have the necessary rights to grant the licenses stated in these Terms of Service for the Artwork, (ii) you have obtained all required consents and clearances to enable Memory Box to exercise the rights granted herein, and (iii) the Artwork does not infringe on the privacy rights, publicity rights, intellectual property rights, or any other rights of any individual or entity. You bear full responsibility for the Artwork, including its legality, accuracy, appropriateness, and ownership of trademarks and copyrights. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO THE ARTWORK THAT YOU SUBMIT TO MEMORY BOX VIA THE SERVICES.

​

License to Memory Box. You hereby grant to Memory Box and its affiliates a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, freely sublicensable (in any medium, whether currently known or invented in the future) license (the "License") to: (i) use, reformat, modify, reproduce, and distribute the Artwork for the purpose of printing and distributing Products that you order or authorize for purchase by others, (ii) use, reformat, modify, reproduce, create derivative works from, and distribute the Artwork for the limited purpose of creating Digitized Artwork and Image Galleries, and (iii) with respect to any Digitized Artwork contained in any Image Gallery that you designate as "shared" or "public," link to, use, reproduce, create derivative works from, license, sell, print, sublicense, distribute, publicly display, publicly perform, and otherwise exploit such Digitized Artwork, including, but not limited to, making such Digitized Artwork available to other Memory Box users and including such Digitized Artwork in Memory Box's promotional and marketing materials. You agree that Memory Box may exercise the License granted by you without notice, payment, or attribution. You agree that the License granted to Memory Box includes the right for Memory Box to contract out the production, including, but not limited to, physical printing, of the Products to a third party. You agree that Memory Box reserves the right to maintain electronic files of Digitized Artwork and any Products, as applicable, to fulfill any future orders placed for such Products and to maintain an archival copy of the tangible Product. You agree that Memory Box reserves the right to charge you for the ability to access and download Digitized Artwork from your Image Gallery.

​

No Back Up of Artwork. Memory Box encourages you to maintain your own backup of any Artwork that you submit to Memory Box. Memory Box is not a backup service, and Memory Box will not be liable for any loss of Artwork as a result of your use of the Services.

​

Memory Box Content. The Services contain Content and other proprietary information owned by Memory Box or its licensors ("Memory Box Content"). You may use the Memory Box Content only in connection with the Services, and except as expressly authorized by us, you may not link to, use, copy, publicly display, publicly perform, distribute, or otherwise exploit the Memory Box Content in or on any third-party website (including, without limitation, a website owned or controlled by you) or in products, goods, and/or services not ordered through Memory Box. Memory Box and its licensors own and retain all proprietary and intellectual property rights in and to the Memory Box Content, the Site, the Marketplace, and the Services. Except for the rights expressly granted under these Terms of Service, you have no other rights to the Memory Box Content, the Site, the Marketplace, or the Services.

​

Software. Memory Box may provide you with certain proprietary software that Memory Box allows you to download via the Services ("Software"). Memory Box grants you a limited, personal, nonexclusive, and non-transferable license to use the Software solely for your personal use in connection with using the Services. You agree that you will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Software in any manner. The limited license granted in this paragraph shall terminate automatically, without notice to you, if we determine, in our sole discretion, that you have breached any provision of these Terms of Service. Upon termination of this limited license, you agree to immediately delete any downloaded Software. Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Software.

​

Suggestions and Improvements. By submitting any ideas, suggestions, improvements, documents, or proposals ("Feedback"), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights in and to the Feedback, to Memory Box. You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that Memory Box is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback please do not submit the Feedback to us.

​

Trademarks. The name Memory Box, and all related names, logos, product and service names, designs, and slogans are trademarks of Memory Box or its affiliates or licensors. You must not use such marks without the prior written permission of Memory Box. All other names, logos, product and service names, designs, and slogans accessed via the Services are used for identification purposes only and are the trademarks of their respective owners.

Linking to Us. You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:

​

- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
- Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service.

​

We reserve the right to withdraw linking permission for any reason, without notice to you.

​

Links to Third-Party Websites. We may provide links to websites, software, or services owned or operated by third parties ("Third-Party Websites"). We are providing these links to you as a convenience, and Memory Box does not verify, make any representations, or take any responsibility for such Third-Party Websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided on such Third-Party Websites. The Third-Party Websites may have different privacy policies and terms and conditions and business practices than Memory Box. Your dealings and communications through the Services with any party other than Memory Box are solely between you and such third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT MEMORY BOX SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any product or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer, or otherwise does not constitute or imply Memory Box's endorsement or recommendation.

​

Third-Party Software. We may make third-party software available to you from time to time for your convenience. To access such third-party software, you must first agree to the third-party software provider's terms and conditions governing the use of such software. These terms and conditions are an agreement between you and the third-party software provider, and we are not a party to any such agreement. Memory Box expressly disclaims any liability and provides no warranties relating to such software.

​

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or via the Services or any applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data. MEMORY BOX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL VIA THE SERVICES.

​

YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MEMORY BOX NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, MEMORY BOX AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE CORRECTED.

​

ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.

​

MEMORY BOX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMORY BOX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

​

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

Limitation on Liability. Memory Box shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any computer or device that you use to access or use the Services.

​

IN NO EVENT SHALL MEMORY BOX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE "MEMORY BOX ENTITIES") BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT, FEATURES, OR FUNCTIONALITIES OF THE SERVICES, HYPERTEXT LINKS TO THIRD-PARTY WEBSITES, ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MEMORY BOX'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

​

MEMORY BOX'S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES AND/OR PRODUCTS PURCHASED VIA THE SERVICES, AND YOU HEREBY RELEASE THE MEMORY BOX ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.

​

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

Governing Law. We control the Services from our offices within the State of Pennsylvania in the United States of America. All matters relating to the Services, these Terms of Service, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule, whether of the State of Pennsylvania or any other jurisdiction, and not by the United Nations Convention on Contracts for the International Sale of Goods.

​

Informal Dispute Resolution. We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms of Service or the Services (each a "Dispute") informally by contacting info@memoryboxclub.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.

​

Arbitration. Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the arbitrator's fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys' fees.

​

Indemnity. You agree to indemnify, defend, and hold harmless Memory Box, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, your violation of any provision of these Terms of Service or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Memory Box reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Memory Box in asserting any available defenses.

​

Electronic Communications. Using the Services or sending emails to Memory Box constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and via the Services, satisfy any legal requirement that such communications be in writing.

​

Waiver. No waiver by Memory Box of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Memory Box to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

​

Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service shall continue in full force and effect.

​

Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and Memory Box with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service.

​

Assignment. These Terms of Service are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by Memory Box without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.

​

Headings. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

​

Questions or Concerns. For questions or concerns about these Terms of Service, please send an email to info@memoryboxclub.com.

​

MEMORY BOX BOOKS

​

If you order books from Memory Box, your use of the Services is also subject to all of the terms and conditions set forth below.

​

Pay a Box Fee and Receive a Shipping Kit. If you live in the contiguous United States, you will be required to pay the box fee before we ship you a Memory Box Shipping Kit. Currently, the box fee is $39 USD

​

We do not ship Memory Box Shipping Kits to Alaska, Hawaii, or outside of the United States. If you live in any of these areas, you are required to ship your Artwork to Memory Box at your own cost. An order form fee is of $39 USD is required. Additional return shipping costs will apply.

​

Please keep in mind that we do not guarantee turnaround time for your order. Expedited service is available for an additional fee.

​

Fill the Shipping Kit with Artwork. Once you pay the box fee, we will send you a Memory Box Shipping Kit. You may fill the Shipping Kit with Artwork, following the guidelines and policies provided below.

​

Medium. We define Artwork as original works of art created by children in any medium typically found in elementary school art classrooms. These media may include crayons, markers, pastels, colored pencils, acrylic or oil paints, watercolor paints, paper, small noodles, foam, felt, tissue paper, cotton balls, popsicle sticks, feathers, straws, yarn, leaves, corn kernels, seeds, candy, beans, or any other materials normally used by elementary art teachers. All submitted Artwork, both 2-D and 3-D, must fit securely inside the Memory Box Shipping Kit. We are not responsible for any damage to Artwork that does not fit securely inside the Memory Box Shipping Kit.

​

Number of Pieces of Artwork. The minimum number of pieces of Artwork for each book is 10. If you send fewer than 10 pieces of Artwork, your book may have empty pages.

​

The maximum number of pieces of Artwork for each book depends on the size of the book, as shown at memorybox.com/pricing. If you submit more Artwork than your book can accommodate, we will use only the allotted number of pieces, and we will decide which pieces to include and exclude at our sole discretion.

​

Double-sided Artwork, Artwork in the form of books or booklets, and other Artwork that cannot be easily reproduced in a single image will be counted as more than one piece at our sole discretion.

​

An Art Submission Form is enclosed with your Shipping Kit.

​

Oversized and Irregular Artwork. We will attempt to reproduce oversized or irregular Artwork, but we may reject any piece of Artwork for scanning or photographing for any reason at our sole discretion. Please note that the reproduction of any folded or rolled Artwork may show creases, folds, rolls, pleats, tucks, lines, grooves, crinkles, wrinkles, scrunches, rumples, or crumples in the final reproduction.

​

Artwork Reproduction Variations. We employ digital technology to reproduce the Artwork you submit. Often, variations in colors and shades may make the reproduction look slightly different from the original Artwork. However, we will attempt to retouch, restore, freshen, or refurbish electronic files of the scanned Artwork using commonly used printing pre-press methods. We will strive to reproduce Artwork for both virtual imaging and printed reproduction so that the reproduction is as close to the original as possible and of the highest possible quality.

​

Artwork Handling. Preparation of submitted Artwork for scanning and photographing may involve removing objects that may hold together, attach, organize, fasten, join, connect, or affix the Artwork. It may be necessary to remove some items to enable us to scan or photograph the Artwork in order to produce a professional image and prevent damage to equipment. The items that may be removed may include tape, stickers, clips, staples, glue, nails, screws, yarn, string, chains, twist ties, or any fastener not listed here. Some Artwork may, at our sole discretion, be detached from a background surface that is not part of the actual Artwork (such as a frame or background paper) to enable us to offer the best image and reproduction possible. We will not reconnect or refasten any Artwork that we disassemble. Artwork will not be stapled, glued, tied, clipped, taped, or refastened in any manner once prepared for reproduction.

​

Intellectual Property. Please ensure that all Artwork is the original work of children. We reserve the right to exclude from reproduction any Artwork that contains, or that may in our sole discretion contain, the intellectual property of any third party (for example, a page from a coloring book).

​

Complete the Enclosed Art Submission Form.

​

If you would like your Artwork to appear in your book in a specific order, you must number the back of each piece of Artwork in pencil. Artwork cannot simply be placed in your desired order inside the Shipping Kit. We cannot rearrange an entire book of Artwork after layout is complete. You may designate one specific piece of Artwork to be the cover image of the book. If you do not make a selection, we may choose one for you. You have the option to include one photograph of the artist and a short blurb for the first page of your book. The photograph must be uploaded directly to the Site and should have a minimum resolution of 1,000 pixels by 1,000 pixels. Before uploading a photograph to the Site, make sure you have the permission of anyone appearing in the photograph.

​

You can choose to have all your original Artwork returned to you. We are unable to return a portion of the Artwork. If you opt to have your Artwork returned, it will be sent together with your book. If you decide not to have your original Artwork returned, we will either recycle it or donate it to hospitals, nursing homes, or retirement homes, at our sole discretion.

​

Return the Shipping Kit to Us.

​

Your Shipping Kit will contain a prepaid FedEx return label. Once you have filled the Shipping Kit with Artwork, affix the FedEx label to the outside of the Shipping Kit and drop it off at an authorized FedEx shipping location. We are unable to arrange for the pickup of the Shipping Kit. If you did not receive a return label in your Shipping Kit or have misplaced it, please email us at info@memoryboxclub.com, and we will provide you with a new one.

​

If you reside in Alaska, Hawaii, or outside of the United States, download our Art Submission Form and address here. Then ensure that you securely pack your Artwork and send your box directly to us at the address provided on the above link.

​

You also have the option to deliver your Memory Box Shipping Kit to a Memory Box Brand Ambassador. Memory Box Brand Ambassadors are independent contractors of Memory Box and are not employed or controlled by us. Therefore, we cannot guarantee the safety or security of Artwork delivered to a Memory Box Brand Ambassador.

​

We reserve the right to impose additional fees if you do not use the authorized Memory Box Shipping Kit or if your Artwork does not fit properly or securely inside the Shipping Kit.

​

Submit the Final Payment. Upon receiving your Shipping Kit, we will generate an invoice based on the number of Artwork pieces you have submitted and any applicable additional charges. If you have already paid a deposit, it will be deducted from the invoice amount.

​

You have the option to change your requested book size before making the payment, as long as the book has not been designed yet. Increasing the book size may incur an additional fee, while reducing the size may result in our discretion to remove Artwork from the book. Please note that we cannot accommodate specific requests regarding which pieces of Artwork to include or exclude. Changing the requested book size after payment will result in an additional design fee.

​

Once the invoice is paid, refunds are not available. Payment for the final invoice must be made within 90 days after we receive your Artwork. Failure to pay within this timeframe authorizes us to charge the total amount due to the credit card on file. If payment cannot be processed, we will retain your Artwork for six months. After that period, we reserve the right to discard or recycle it.

​

Review and Approve the Digital Proof. Approximately one to two weeks after payment, we will send you an email containing a link to the digital proof of your book for approval. You may request up to four changes to the book layout, which can include modifying a single page layout, changing background colors, or resizing/rotating images. Any changes beyond the first four may incur an additional design fee. Upon your approval of the digital proof, we will proceed to print your book and ship it to the provided shipping address. For customers residing in Alaska, Hawaii, or outside the United States, we will use the shipping address provided on the Art Submission Form.

​

OTHER PRODUCTS

​

Memory Box offers the option to customize and purchase specific Products using the Digitized Artwork from your Image Gallery. If you order such Products, your use of the Services is subject to the following terms and conditions.

​

Customizing Products Please note that customization options for images on Products are limited. Full customization of Products is not guaranteed.

Returns and Exchanges. Customized Products cannot be returned or exchanged. In case of receiving a wrong or defective product, please contact us for a replacement at no additional cost. We may require photographic evidence of the defect before issuing a replacement.

​

International Orders

For customers residing outside the United States, please contact Memory Box to obtain an international shipping quote.

​