Terms of Service
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
1. Effective Date.
This Agreement was last updated on August 28, 2017.
2. Acceptance of Terms.
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.
3. Changes in Terms & Conditions and the Site and Apps.
This Agreement outlines the legally binding terms for your use of the Site and Apps. We reserve the right to modify this Agreement from time to time, for any reason, without notice. You may identify whether we revised this Agreement by the Effective Date listed in Section 1 above. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed.
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.
4. Registration of Member Account.
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.
5. User Conduct and Responsibilities.
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.
6. Suspension, Termination.
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.
7. Making Purchases.
8. Mobile Applications.
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.
9. Site and Apps Content and Mimeo Intellectual Property.
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); 1999-2017 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.
11. Disclaimer of Warranty; Limitation of Liability.
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.
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.
13. Copyright Issues.
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:
3 Park Avenue, 22nd Floor
New York, NY 10016
14. Third Party Sites Software and Services.
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. 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.