Terms of Use

Last updated: 280309

These Terms and Conditions of Use (‘Terms‘) sets forth the legally binding terms and conditions of your (also ‘Buyer‘) use of all memolio.com services (‘Memolio-Services‘). By accessing and using the Memolio-Services offered on memolio.com you are agreeing to be bound by, and compliant with, these Terms and the Memolio Privacy Policy.

These Terms will govern the Buyer’s order and order confirmation, to the exclusion of any other terms. Any variation of these Terms will only bind Memolio and theBuyer if agreed in writing between authorized representatives of Memolio andBuyer. Notwithstanding the foregoing, Memolio reserves the right to unilaterally change product prices and billing methods without notice. Changes will be posted on the Memolio website, or communicated to you via e-mail.

Full use of the Memolio-Services is available to you if you are 16 years of age or older, have accurately provided your name, mailing address and e-mail address in addition to purchasing a print Memolio album.

Full use of the Memolio-Services is valid for 1 year, commencing from the date of your last Memolio album purchase, and entitles you to an additional 10 virtual, non-ordered Memolio Albums (‘Albums‘), for every Memolio ordered.

If 1 year transpires from your last Memolio purchase, Memolio may downgrade your membership status to temporary and may delete virtual, non-ordered albums.

Temporary use is valid for a period of 90 days and is available to you if you are 16 years of age or older and have provided a valid e-mail address.

Temporary use entitles you to 3 virtual, non-ordered, Albums for a period of 90 days.

If you do not order an Album within 100 days of creating your virtual Album, Memolio will terminate your temporary use of the Memolio-Services and may remove and discard all information, communications, postings, image files andAlbums uploaded by you or otherwise made available by you within the Memolio-Service.

As a condition to the above use, both full and temporary, you represent and warrant to Memolio that you either own your photographs or have written permission from the copyright owner to use them. Furthermore, you are exclusively responsible for the state and quality of these photographs which form the basis for producing Albums.

Albums are produced, amongst others by means of making use of particular software modules which have been- or are developed by Memolio. Memolio always remains the exclusive owner of such software modules and the production ofAlbums or the use of Memolio-Services does not entitle Buyer to any rights, including licensing rights, in such software modules.

Memolio may ask you to submit an opt-in declaration in which case Memolio shall be entitled to approach you for the promotion and marketing of further developments, new- and other products you may be interested in in view of your use of the Memolio-Services.

Through the Privacy Setting, you will have to set a level of visibility, being either Private, Shared or Public. If you choose the level Shared or Public for your album, you authorize all users who can view your album through such choice, to order additional copies of this album for non-commercial purposes.

Additional copies of albums can only be ordered from Memolio. If you order a copy/copies of an album which was created by another person, you herewith agree that you will use such copy/copies for non-commercial purposes only.

By using the Memolio-Services, you represent and warrant that:

• All required registration information you submit is truthful and accurate.
• You will maintain the accuracy of such information.
• You are sixteen (16) years of age or older.
• Your use of the Memolio-Services does not violate any applicable law or regulation.

All products offered for sale are subject to availability and Memolio’s acceptance of the order.

Memolio reserves the right to reject any order without the obligation to assign a reason for so doing. No order shall be deemed accepted by Memolio until it is confirmed unconditionally in the order confirmation.

Memolio has a policy of continuous product development and reserves the right to amend the specifications of products without prior notice.

Memolio endeavors to display and describe as accurately as possible the printed colors of the photographs which appear on its website, but cannot give any assurance that the colors of the product supplied will exactly match those displayed on the Buyers’ monitor.

All prices are stated in Euros and include VAT and delivery costs.

The Buyer undertakes that all details provided to Memolio for the purpose of the order and its delivery will be correct, and that the chosen method of payment is the property of the Buyer, and that sufficient funds or credit facilities are available to cover the full cost of the goods ordered.

Payment must be made using direct account debit, a Master Card, Visa or American Express credit card via PayPal.

Memolio will take full payment for the order via PayPal at the time it is placed.

By providing PayPal with your credit card number and other payment information, you agree that PayPal is authorized on behalf of Memolio to immediately debit your account for all fees and charges due and payable to Memolio as a result of your purchase of an Album or any other product.

You must notify Memolio in writing within seven (7) days after receiving your credit card statement, if you dispute any of Memolio’s charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to support@memolio.com.

The delivery address for Albums will be as shown on the order and order confirmation. Normal method of delivery (unless specifically agreed otherwise) shall be regular postage.

Memolio will endeavor to process the order, manufacture the Album, and deliver the Album/s within the time period stated under section 7 of this Terms & Conditions of Use.

It is the policy of the Memolio to ship every Album in its own package. MultipleAlbums within one order however will be placed in one package for shipping. Each package will be sent by regular post, unless otherwise stated in the order and order confirmation.

Any dates quoted for delivery of the Albums are indicative only. Memolio is not liable for any loss or expenses sustained by the Buyer, arising from any delay in the delivery of the Albums, regardless of the cause.

The Buyer must inspect the Albums on delivery and, in the case where Albumshave been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document constitutes conclusive evidence of the Buyer’s receipt of the Albums and that the Albums are free from any apparent defect or damage.

If the Albums are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. Risk of damage to or loss of the Albums will pass to the Buyer on delivery at the agreed address.

The buyer has the right to cancel an Album order only in the following circumstances:

• If Memolio has failed to deliver the Albums ordered within 30 business days after the date of the order.
• The Album/s delivered contain a fault, defect or imperfection, provided that theBuyer inspected the Albums as soon as reasonably possible after delivery and within 14 days of receipt.

Notice of the wish to cancel must be made by e-mail to support@memolio.com.

In case of cancellation, Memolio shall be responsible for all sums paid (including initial and re-delivery charges) in respect of the Albums which are cancelled.

All items that are returned by the Buyer to Memolio must be returned in their original packaging and must be in an unused condition.

Memolio is committed to ensuring that memolio.com remains a fun and safe place. Users of Memolio-Services may not use the service provided to process prohibited content. Prohibited content includes content or other material that is deemed by Memolio to be:

• Abusive, pornographic, sexually explicit, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
• Comprises copyrighted material used without the express permission of the owner.
• Violates or otherwise encroaches on the rights of others.
• Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code.
• Advocates illegal activity.
• Harms anyone, including minors.

Memolio has the sole discretion to determine whether content is prohibited content. We examine content on a regular basis, and maintain the absolute right to remove any content that does not meet the standards listed above. We also reserve the right to terminate your access to memolio.com if you fail to abide by these Terms.

To report a Memolio posting that violates these Terms or which you believe should be removed, use the Memolio flagging system, or send an e-mail notice to support@memolio.com. Memolio shall investigate reported violations and take appropriate action at its earliest convenience after receipt of abuse or offensive behavior notices.

By viewing the Memolio website you may be exposed to content that you consider offensive. You assume sole responsibility for such exposure.

It is Memolio’s policy, when appropriate and at its discretion, to disable and/or terminate the account/s of users who engage in abusive or offensive behavior as outlined in these Terms.

It is Memolio’s policy, when appropriate and at its discretion, to disable and/or terminate the account/s of users who may infringe, or repeatedly infringe, on the copyrights or other intellectual property rights of Memolio users and/or others. You may not process or post any content owned by someone else without the written consent of the owner of such content

You are solely responsible for any copyright violations that you may incur as a result of your activities with respect to the Memolio-Services.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement please use the Memolio flagging function, or contact Memolio at support@memolio.com.

Memolio uses various different security technologies, measures and procedures to ensure personal information is not disclosed, accessed or used by unauthorized persons. You are kindly referred to the Privacy Policy for any specifics.

Memolio reserves the right to do any of the following any time, with or without prior notice:

• Restrict, suspend, or terminate your access to all or any part of the Memolio-Services.
• Change, suspend, or discontinue all or any part of the Memolio-Services.
• Refuse, move, or remove any content.
• Refuse to register any user name that may be deemed offensive.

To the extent the following is permitted by the laws which govern these Terms, Memolio will not be liable for faulty or defective Albums unless a claim is sent to support@memolio.com in writing and within 14 days of receipt. Notification must include the order confirmation number, delivery note number and details of the claim. In the case of a valid claim, Memolio may, in its sole discretion, replace theAlbums or refund to the Buyer the purchase price (or an appropriate proportion of the price). Memolio cannot guarantee the accuracy, security or quality of content posted on or transmitted through memolio.com. Memolio will have no further liability to the Buyer.

To the extent a claim is filed in court, the liability of Memolio, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Memolio’s obligations in connection with the use of the information provided under these Terms or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and shipping) for the products or services, causing the liability.

In no event shall the liability include damages for loss of profits or revenue, increased cost of purchasing or providing materials, supplies or services, cost of replacement capital, claims of purchaser’s customers, inventory or use charges or incidental or consequential damages of any nature.

Memolio will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms or any order by reason of any event or circumstance outside the reasonable control of Memolio, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

These Terms may be changed or updated at any time, for any reason and without notice. Check this page frequently to ensure you are up to date on any changes!

These Terms will exclusively be governed by- and construed in accordance with the laws of The Netherlands. Any dispute, controversy or claim arising under, out of or relating to these Terms shall, if possible, be finally settled amicably by negotiation between the Parties. If the matter cannot be settled amicably, the dispute, controversy or claim shall exclusively be referred to the competent courts in The Netherlands.

If you have questions about these Terms, please contact us at support@memolio.com.