These Mimeo Photos online Win a Gift Card Terms & Conditions (“WGG Terms & Conditions”) govern your participation in the Mimeo Photos Win a Gift Card Promotion from 4-7 December 2021. The Win a Gift Card Terms & Conditions are in addition to any agreements between you and Mimeo Photos, including the Mimeo Photos Terms of Service, as applicable (collectively, the “Mimeo Photos Terms”). The Mimeo Photos Terms are incorporated by referenced and shall apply to your participation in the Mimeo Photos Win a Gift Card promotion, including, if necessary, to resolve any disputes between you and Mimeo Photos related to or arising out of the Win a Gift Card promotion. To the extent the Mimeo Photos Terms of Service are inconsistent with these WGG Terms & Conditions, these terms will control with respect to the Mimeo Photos online Win a Gift Card promotion only.
Last Updated: December 4, 2021
1. Promotion overview
The Mimeo Photos Win a Gift Card promotion (“WGG Promotion”) is offered by Mimeo.com, Inc., on behalf of its Mimeo Photos brand (together referred to as “Mimeo Photos”) and provides existing Mimeo Photos (MacOS) mobile app , and web users (“Participants”) who qualify, the opportunity to win a Mimeo Photos Gift Card.
2. Promoter and participants
i. The Promoter is Mimeo Photos, 16 W 22 St, New York, NY 10010.
ii. The promotion is open to all residents in the United Kingdom, France, Germany, Italy, and Spain. All Participants must be aged 18 or over.
iii. Employees of Mimeo Photos, their affiliated companies, their families, agents and other parties directly involved with this promotion are not elegible to qualify.
3. How to participate
iv. A qualifying purchase containe the promotional code indicated on our website and emiail: UK (JOLLY030), FR (STNIC030), DACH (NIKOLAUS), IT (GIOIA030), ES (ALEGRIA3).
v. The purchase must be made through www.mimeophotos.com (or App & macOS extension) between 04/12/2021 GMT (UK) 00:01 or CET (EU) "Entry Date" and by 7/12/2021 23:59 GMT UK *or CET (EU) "Close Date" to qualify ("Qualifying Order"). By fulfilling this criteria, "participants will automatically be included to the prize draw.
vi. Incomplete, invalid purchases that have not been paid on the Close Date, or purchases received after the Close Date will not be eligible to win.
vii. Mimeo Photos reserves the right to disqualify entries which do not meet the requirements according to these terms.
4. The prize
viii. The prize is a Gift Card with a value of £175 or 175 € for UK, FR and DACH, and 100 € for Italy and Spain. One winner per country will be awarded a digital Gift Card from Mimeo Photos that can be redeemed at www.mimeophotos.com for a credit at checkout. The Gift Card is valid until 31/03/2022 from date of the issue. Any product against which the Gift Card credit will be redeemed must be purchased before this expiry date.
ix. The Gift Card has no cash value and cannot be exchanged or refunded even partially. Gift Cards cannot be replaced or refunded if lost or stolen. A Gift Card cannot be used to buy another Gift Card and cannot give rise to any credit or debit card chargeback.
x. The value of the Gift Card will be deducted from the total product cost of your purchase with Mimeo Photos. This excludes any amount for shipping or tax costs. There is no minimum spend required and the Gift Card can be redeemed against any purchase (other than other Gift Crds) on the Mimeo Photos site.
xi. It is the responsibility of a winner to redeem their Gift Card credit against a purchase on the Mimeo Photos website. No responsibility can be accepted if a winner fails to redeem the credit (entirely or partially) prior to the Gift Card’s expiry date.
xii. The winner will receive the prize Gift Card by email. It is a winner’s responsibility for ensuring that an accurate and complete email address is provided to allow for delivery of theGift Card. No responsibility can be accepted by Mimeo Photos in the event that a Gift Card is not received by the winner as a result of them providing an incorrect email address.
xiii. Mimeo Photos reserves the right to publish the first / last name, town and country of the winner or to publicise any prize giving presentation after the date of the draw. If the winner does not wish such details to be published, they must advise Mimeo Photos at the time of being notified that they have won.
xiv. The winner must notify Mimeo Photos that they have accepted the prize no later than30 days after the winner has been informed.
xv. If the winner rejects or fails to claim the prize on time, the prize may be awarded to other entrants at the absolute and sole discretion of Mimeo Photos.
5. Prize draw and notification
xvi. The winner will be drawn at random by Mimeo Photos from all eligible purchases of a Qualifying Order.
xvii. The winner will be contacted via a direct message from Mimeo Photos to the winner's email address associated with he purchase within 10 days following the Close Date.
xvii. Mimeo Photos reserves the right to refuse to honour any entry or to recover the full value of any prize if it considers there has been an abuse or breach of the terms and conditions of this prize draw.
xviii. In the event of a dispute over interpretation or implementation of the rules on any matter related to the prize draw, the decision of Mimeo Photos is final and no correspondence will be entered into.
7. Processing of personal data
xix. Mimeo Photos will process the participant’s name, email address, address, purchase date concerning the Qualifying Order and (if applicable) purchase details regardingthe prize in order to assess the eligibility to participate in the competition, to administer and conduct the competition, including to notify the participant of a win (performance of acontract).
xx. Mimeo Photos will only store the data for the time necessary to conduct the competition and for an adequate time thereafter (e.g. in order to be able to defend against claims).
xxi. The participant has the right to request fromMimeo Photos access to and rectification or erasure of his/her/they personal information or restrict the processing concerning the participant or to object to the processing as well as the right to data portability and to lodge a complaint with a supervisory authority.
xxii. Failing to provide relevant data if requested or objecting to the processing of personal data will lead to the participant not being able to participate in the competition.
This page explains our terms and conditions of general services, which contain important information about your legal rights. When you use the Site and Apps, you are agreeing to these standard terms. To help make them easier to understand, we have also included annotations above each section. These annotations are not to be included within the official Mimeo Photos terms and have no legal effect, but are intended to help you better understand the legal provisions.
This Agreement was last updated on October 23, 2018.
Please read this Agreement carefully. It includes important information about your legal rights, and covers areas such as warranty disclaimers, limitations of liability, the resolution of disputes by arbitration, and waiver. Please note that if you are an EU consumer, some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.
Mimeo.com, Inc. (“Mimeo”) and its suppliers and designees provide this site (www.mimeophotos.com), interfaces, builders, mobile sites, mobile applications, and / or the site-related services, (collectively, the “Site and Apps”) subject to your compliance with the terms and conditions set forth below (the “Agreement”). By using the Site, and Apps and/or placing an Order, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.
If we ever change our Terms and Conditions in a way that meaningfully reduces your rights, we will give you notice and an opportunity to cancel.
This Agreement outlines the legally binding terms for your use of the Site and Apps. We may modify this Agreement from time to time, and will always post the most current version on our Site and Apps. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed. By continuing to use or access the Site and Apps after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you should stop using the Site and Apps and cancel all applicable Mimeo services.
Mimeo shall also have the right at any time to: (1) change the Site and Apps, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Site and Apps; or (2) change any prices, fees or charges related to the Site and Apps. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Site or transmission via electronic mail.
Make sure your account information is accurate and that you keep your account safe. You are responsible for your account and any activity on it. Also, you need to be at least 18 years old to use our Site and Apps.
To submit orders you must register with our Site and Apps. In doing so, you represent and warrant that you are at least 18 years of age that the information contained therein is truthful and accurate, and that you will keep that information up to date. If you are not 18 years old please do not set up an Account with any of Site and Apps. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.
During the registration process, you will specify your email address and a password (your “Login Credentials”). You are solely responsible in all respects for all use of and for safeguarding the confidentiality of your Login Credentials. You agree to notify Mimeo immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site and Apps. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. Mimeo has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site and Apps through your password does so with your consent and approval.
You are responsible for the content you upload to the Site and Apps and you vouch to us that it’s okay to distribute as requested. We ask that you follow our rules, laws and regulations and don’t do anything illegal with the Site or Apps.
Except as expressly authorized hereunder, the Site and Apps may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. Mimeo reserves the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.
You are responsible for obtaining access to the Site and Apps and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site and Apps.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
You represent and warrant that:
you are an authorized user of the Site and Apps.
any materials you transmit through or otherwise post to the Site and Apps are not unlawful material, including without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party.
all information that you provide to Mimeo when purchasing product or services on the Site and Apps is accurate and complete, including without limitation shipping information.
you will pay all charges incurred by you or any other members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases.
your use of the Site and Apps does not violate any local law or regulation, and you shall be responsible for any such violation(s).
while using the Site and Apps you are not to modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site and Apps.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of “hacking” or defacing any portion our Sites and Apps;
Violate any applicable laws or regulations;
Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.
Display adult nudity or inappropriate child nudity.
Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.
Use the Share Sites for the sale of goods or services.
Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Sites and Apps and/or the amount of storage space available for transmissions or for any feature made available through our website.
To operate effectively and protect the security and integrity of Mimeo, we need to maintain control over what happens on our services.
If you fail to comply with the above rules, such failure will constitute a violation of this Agreement, and in addition to any other rights or remedies Mimeo may have, Mimeo may immediately terminate your access and use of Mimeo Site and Apps.
Either you or Mimeo may terminate your access to the Site and Apps and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Site and Apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any customer materials. Upon termination, Mimeo may delete all information, files and materials related to your account, and Mimeo shall have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
Before using any Mimeo mobile applications (“App” or “Apps”), Mimeo may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.
All content on the Site and Apps, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Mimeo or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mimeo‘s prior written permission, except that the foregoing does not apply to your own material that you legally upload to the Site.
All contents on the Site and Apps are: Copyright (c); 1999-2018 Mimeo.com, Inc. or its partners. All rights reserved. Mimeo.com, Inc. and any Mimeo.com, Inc. brand logos are trademarks of Mimeo. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and International trademark laws.
Nothing in this Agreement shall be construed as conferring any license or right to any Mimeo intellectual property, including without limitation Mimeo’s Mimeo Photo, Mimeo Print, Mimeo Printx, Mimeo Digital, printing, copying, duplication, collating, assembly, binding, storage, inventory, kitting, and delivery services, whether by estoppel, implication or otherwise.
Mimeo works hard to make our Site and Apps great, but the services are provided as-is, without warranties. If something happens as a result of your use of our Site, Mimeo’s liability is capped.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
If you do something illegal that gets Mimeo sued, you agree to cover us.
You agree to indemnify and hold Mimeo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any material you upload to the Site and Apps, your use of the Site and Apps, your conduct in connection with the Site and Apps, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold Mimeo harmless from any claims and to reimburse Mimeo for any fees or expenses that may be assessed (a) as a result of a recipient’s address being incorrect, (b) if the package has to be returned to Mimeo due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.
A request for Signature Release on any package authorizes Mimeo to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless Mimeo from any resulting claims.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to:
16 W 22 Street,
New York, NY 10010
Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.
Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Waiver and Severability of Terms. The failure of Mimeo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Mimeo. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. You and Mimeo agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You and Mimeo agree to submit to the exclusive jurisdiction of the courts of New York County in the State of New York.
No Conflict. In the event there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.
Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to arbitration by the American Arbitration Association in the City of New York State of New York, United States of America under the commercial rules then in effect for that Association except as provided herein. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof; provided, however, that nothing in this Paragraph shall be deemed as preventing either party from seeking relief from the courts as necessary to protect either party’s name, proprietary information, trade secrets, know how or any other appropriate provisional remedy. The parties shall be entitled to discovery as provided in the Code of Civil Procedure of the State of New York.
Cancellation of an Order. You may cancel any order placed with Mimeo provided that Mimeo receives the cancellation prior to the shipment of your order. You agree that you will be responsible for all charges related to work performed by Mimeo prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that Mimeo has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact Mimeo Customer Service.
Export Controls. You are responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, You will so notify Mimeo immediately and You will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed by any such laws, rules and regulations.
Use of Promotional Codes. Mimeo may from time to time make promotional codes available to specific users for the purpose of providing certain discounts or other special offers. These codes have not been authorized by Mimeo for general public use. Promotional codes may be redeemed as described in the specifics of the promotion. Mimeo promotional codes cannot be combined with any other offers or promotions. By using a Mimeo promotional code, You represent and warrant that You have been authorized by Mimeo to utilize the promotional code. Mimeo reserves the right to refuse any and all use of a promotional code due to unauthorized use or any other misuse. In addition, You understand that you will be charged for the cost of Your order in the event that You have violated these terms. Mimeo promotional codes are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. The contents of this statement may be altered at any time, at Mimeo’s discretion.
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