Acceptance of Terms
Quality, Accuracy and Completeness
Company attempts to ensure that the Products, Materials, Services and other information featured on this Site are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site may occasionally be inaccurate, incomplete or out of date. Company makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site.
Consent to Email and Mobile Communications
The Site may contain Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If Company charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Company’s Mobile Services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. MemoryStitch and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Products, Services and Special Offers
Offers and promotions posted on this Site, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services, contests, sweepstakes offered on this Site may not be available in every store or location in which Company products are offered.
All features, content, specifications, and prices of Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Product or Service on this Site at a particular time does not imply or warrant that such Product or Service will be available at any time.
The trademarks, service marks, logos, URLs and domain names(collectively, the “Marks”) displayed on this Site are the property of Company, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Company, its licensors or such third party that may own the Marks.
Registration on the Site
You may be required or permitted to register for the Site in order to access certain Services or Materials, to purchase Products, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your username, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Company immediately.
In order to be eligible to register, you must meet the following requirements:
You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).
One person or legal entity may not maintain more than one account.
Product Orders and Purchases
Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Company’s acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a Product has been confirmed. Company makes a conscientious effort to describe and display its Products accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Except as otherwise set forth herein, the risk of loss for and title to Products purchased on the Site passes to the purchaser upon delivery to the carrier. If you are not fully satisfied with your purchase you may return it in accordance with Company’s Return Policy, which is incorporated into these Terms & Conditions in its entirety.
Use of Site, Products, Materials, and Services
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to download, access or use the Site, Products, Services, and Materials. You must adhere to all limitations on dissemination, usage, and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Site only to access, purchase, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Materials or Services, or ordering Products or Services, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
Solicit any business from third party users of the Site;
Provide any false personal information, or create an account for anyone other than yourself;
Share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile;
Use or attempt to gain access to or use another’s account, password or computer systems, whether through hacking, password mining or any other means;
(a) Select or use as a username or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene;
Remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services;
Use the Site, Products, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Products, Services, Materials or systems resources;
Transmit unsolicited or bulk communications to any Company affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
Contribute any name, material, opinion or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful or otherwise objectionable;
Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services;
Access or use the Site in any manner that could damage, disable, overburden or impair any Company server or the network(s) connected to any Company server;
Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
Violate the rights of Company or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; and
Use any Company domain name as a pseudonymous return e-mail address.
Company, in its sole discretion, may (but has no obligation to) monitor or review the Site, Materials, and Services at any time. Company may at any time without notice and in its sole discretion: (a) terminate a Service or access to, purchase or use of any Products or Materials or an area of the Site; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Company deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site.
Contributions to the Site
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. Company does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Company shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Company legally sufficient notice of infringement. Send copyright infringement complaints to:
700 R Street #81707
Lincoln NE 68501-9998
We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.
Use of Materials
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site, subject to the following conditions:
You will not quote or display Materials, or any portions thereof, out of context.
Company reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.
The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition, and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by Company. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Restriction and Termination of Use
Company may block, restrict, disable, suspend or terminate your access to all or part of the Site, Products, Services, and Materials at any time in Company’s sole discretion, without prior notice or liability to you.
Links to Third Party Sites
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by Company of any Linked Site. Company has no control of the Linked Sites and you therefore acknowledge and agree that Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Company is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Warranties and Disclaimers
THE SITE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY COMPANY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS, PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Personal Information and Privacy
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIVISIONS, SUBSIDIARIES ANDAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE.
Advertisements and Promotions
Company may run advertisements and promotions from third parties via the Site related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site or in connection with the Products, Services or Materials.
Indemnity and Liability
Governing Law and Jurisdiction
This Site (excluding Linked Sites) is controlled by Company from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Sarpy County, Nebraska, with respect to such matters.