Please read these Terms of Service ("Terms") carefully before using MemoryMaker (the "Service"), operated by Samuel Finkel LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
MemoryMaker is an online tool that allows users to upload personal photographs and create custom-printed memory card games. The physical printing and fulfillment of card games is performed by a third-party print partner. We act solely as an intermediary between you and the print fulfillment provider.
You retain all ownership rights to the photographs and images you upload. By uploading content, you grant us a limited, non-exclusive license to process, resize, and transmit your images solely for the purpose of fulfilling your order. We do not use your photos for marketing, advertising, or any purpose other than order fulfillment.
You represent and warrant that you have the legal right to use and upload all content you submit, and that your content does not infringe on any third party's intellectual property or privacy rights.
All payments are processed securely by Stripe. We do not store your credit card information. Prices are displayed in U.S. dollars and are subject to change without notice. Once an order is submitted to our print partner, it cannot be cancelled or modified.
Physical products are manufactured and shipped by a third-party print fulfillment provider. While we strive to deliver a high-quality product, we do not directly control the printing process, materials, color accuracy, or shipping.
The Service is provided "as is" and "as available." We make no warranties, express or implied, regarding product quality, color accuracy, print fidelity, material durability, or fitness for a particular purpose. Variations in color between your screen and the printed product are normal and expected due to differences between digital displays and physical printing processes.
To the fullest extent permitted by applicable law, Samuel Finkel LLC, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to your use of the Service, the quality or condition of any printed product, delays in delivery, or any errors in the printing or fulfillment process.
Our total aggregate liability for any claim arising from the Service shall not exceed the amount you paid for the specific order giving rise to the claim. This limitation applies regardless of the legal theory on which the claim is based.
You agree to indemnify, defend, and hold harmless Samuel Finkel LLC from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your uploaded content, or your violation of these Terms.
The MemoryMaker name, logo, website design, and software are the property of Samuel Finkel LLC. Nothing in these Terms grants you any right to use our trademarks or branding.
You agree not to use the Service to:
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, without prior notice, for any reason, including violation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with applicable rules, unless otherwise required by law.
We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
The Service, including all content, features, and products, is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
If you have questions about these Terms, please contact us at samuelfinkel7247@gmail.com.