Terms of service

Terms of Service

GENERAL INFORMATION

Welcome to MemoriesFlash ("we," "us," or "our").

We operate this website and online store, including all information, content, features, tools, products, and services made available through it (collectively, the "Services"). Our store is powered by Shopify, which enables us to provide these Services.

These Terms of Service ("Terms") govern your access to and use of our Services. By visiting our website, browsing, or purchasing from us, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, you may not access or use our Services.

SECTION 1 – ACCOUNT ACCESS

By using our Services, you represent that you are at least the age of majority in your state or country of residence, or that you have obtained the necessary consent to allow your minor dependents to use our Services.

To access certain Services or complete a purchase, you may be required to provide personal information including:

  • Name

  • Email address

  • Billing address

  • Shipping address

  • Payment information

You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Accounts may not be transferred, sold, assigned, or licensed to another person.

SECTION 2 – PRODUCTS

We strive to display our products as accurately as possible.

However, colors, finishes, and appearance may vary depending on your device, monitor settings, and lighting conditions.

We do not guarantee that every product will appear exactly as displayed on your screen.

We reserve the right to:

  • Modify product descriptions at any time.

  • Discontinue any product without prior notice.

  • Limit quantities available for purchase.

  • Restrict sales by customer, geographic region, or jurisdiction.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase.

We reserve the right to accept or reject any order at our sole discretion.

Your order is not considered accepted until payment has been successfully processed and you receive an order confirmation.

Please review your order carefully before submitting it.

Because many of our products are personalized, cancellation requests may not be possible once production has begun.

If we cancel or modify your order, we will attempt to notify you using the contact information provided at checkout.

Returns and exchanges are governed exclusively by our Return & Refund Policy.

You represent that all purchases are made for personal use and not for resale or commercial distribution.

SECTION 4 – PRICING & BILLING

All prices, promotions, and discounts are subject to change without notice.

The price charged will be the price displayed at the time your order is placed.

Unless otherwise stated, listed prices do not include:

  • Taxes

  • Shipping charges

  • Customs duties

  • Import fees

  • Handling charges

Prices displayed on this website may differ from prices offered through other sales channels or third-party marketplaces.

You agree to provide accurate and complete billing and payment information for every purchase.

You also agree to promptly update any information necessary to complete your transaction.

By placing an order, you represent that:

  • You are authorized to use the selected payment method.

  • Your payment information is accurate.

  • You agree to pay all applicable charges, taxes, shipping fees, and related costs.

SECTION 5 – SHIPPING & DELIVERY

Delivery times provided on our website are estimates only and are not guaranteed.

We are not responsible for delays caused by:

  • Shipping carriers

  • Customs inspections

  • Weather conditions

  • Natural disasters

  • Labor strikes

  • Government actions

  • Any event beyond our reasonable control

Risk of loss and ownership of products passes to you once the order has been delivered to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through our Services, including but not limited to:

  • Logos

  • Trademarks

  • Product names

  • Images

  • Videos

  • Text

  • Graphics

  • Product descriptions

  • Reviews

  • Website design

is owned by MemoriesFlash, its licensors, or its affiliates and is protected by applicable intellectual property laws.

You may use our Services solely for personal, non-commercial purposes.

You may not:

  • Copy

  • Reproduce

  • Modify

  • Publish

  • Sell

  • Redistribute

  • Download

  • Create derivative works

  • Publicly display

  • Exploit any portion of the Services without our prior written consent.

All rights not expressly granted are reserved.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

These tools are provided "as is" and "as available" without warranties of any kind.

Your use of any optional third-party tools is entirely at your own risk.

Future features, tools, and services added to our website will also be governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites, products, or services.

We are not responsible for:

  • The content of third-party websites.

  • Their privacy practices.

  • Their security.

  • Their products or services.

Any interaction with third-party websites is entirely at your own risk.

Please review the terms and privacy policies of any third-party website before engaging in any transaction.

SECTION 9 – SHOPIFY

Our store is powered by Shopify.

However, all purchases made through this website are transactions directly between you and MemoriesFlash.

Shopify is not responsible for any products sold, customer service, warranties, returns, or disputes arising from purchases made through this website.

You expressly release Shopify and its affiliates from any claims arising from transactions between you and our store.

SECTION 10 – PRIVACY

Your use of our Services is also governed by our Privacy Policy.

Because our store operates on Shopify, Shopify may collect and process certain personal information necessary to operate the platform.

Please review both our Privacy Policy and Shopify's Privacy Policy for additional information regarding how your data is collected and processed.

SECTION 11 – USER CONTENT & FEEDBACK

If you submit reviews, comments, suggestions, ideas, feedback, photographs, or other content, you grant us a worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and display such content for business and marketing purposes.

You represent that:

  • You own or have permission to submit the content.

  • Your content does not infringe any third-party rights.

  • Your content is truthful and lawful.

We reserve the right—but have no obligation—to remove content we consider unlawful, offensive, defamatory, fraudulent, or otherwise inappropriate.

SECTION 12 – ERRORS

Occasionally, our website may contain typographical errors, pricing mistakes, inaccuracies, or omissions.

We reserve the right to correct any error, update information, or cancel orders if any information is inaccurate, with or without prior notice.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes.

You agree not to use the Services:

  • For any unlawful or fraudulent purpose.

  • To violate any applicable federal, state, local, or international law.

  • To infringe upon our intellectual property rights or the rights of others.

  • To harass, abuse, intimidate, threaten, defame, or discriminate against any individual.

  • To submit false or misleading information.

  • To distribute spam, phishing messages, malware, viruses, or malicious code.

  • To impersonate another person or entity.

  • To interfere with the security or proper operation of the Services.

You also agree not to:

  • Copy, reproduce, scrape, or exploit any portion of the Services.

  • Collect personal information from other users without authorization.

  • Use bots, spiders, automated scripts, AI agents, or other automated tools to access or interact with the Services without our written permission.

  • Circumvent any security or access restrictions implemented by us.

We reserve the right to suspend or terminate your access if you violate these Terms.

SECTION 14 – AUTOMATED AGENTS

If you use any automated software, bot, AI agent, or similar technology to access our Services, you must comply with all applicable technical requirements established by us.

We reserve the right to restrict, block, or prohibit automated access to our website at any time.

Any unauthorized automated access may result in the suspension or permanent termination of access to our Services.

SECTION 15 – TERMINATION

We reserve the right to suspend or terminate your account or access to our Services at any time, with or without notice, if we determine that you have violated these Terms.

Termination does not affect any obligations or liabilities incurred before the termination date.

The following provisions shall survive termination:

  • Intellectual Property

  • User Content

  • Warranty Disclaimer

  • Limitation of Liability

  • Indemnification

  • Governing Law

  • Privacy Policy

  • Any other provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Except where expressly stated, all Services and products are provided "AS IS" and "AS AVAILABLE."

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Durability

  • Accuracy

  • Availability

We do not guarantee that:

  • The Services will be uninterrupted.

  • The Services will be error-free.

  • The website will always be secure.

  • Defects will be corrected immediately.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, MemoriesFlash, its owners, employees, affiliates, partners, licensors, suppliers, and Shopify shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from:

  • Your use of our Services.

  • Your inability to use our Services.

  • Any product purchased through our website.

  • Lost profits.

  • Lost revenue.

  • Loss of data.

  • Business interruption.

  • Replacement costs.

  • Any other commercial damages or losses.

This limitation applies regardless of the legal theory asserted, including contract, negligence, strict liability, or otherwise.

SECTION 18 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MemoriesFlash, Shopify, and our affiliates, officers, employees, contractors, licensors, and service providers from any claims, liabilities, damages, losses, costs, or legal expenses arising from:

  • Your violation of these Terms.

  • Your violation of any law.

  • Your infringement of any third-party rights.

  • Your misuse of our Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies published on our website, constitute the entire agreement between you and MemoriesFlash regarding your use of the Services.

Any previous agreements or communications are superseded by these Terms.

SECTION 21 – ASSIGNMENT

You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at any time without notice.

SECTION 22 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MemoriesFlash operates, without regard to conflict of law principles.

Any legal dispute arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts of that jurisdiction.

SECTION 23 – HEADINGS

The headings used in these Terms are provided solely for convenience and shall not affect the interpretation of any provision.

SECTION 24 – CHANGES TO THESE TERMS

We reserve the right to modify or update these Terms of Service at any time.

Any changes will become effective immediately upon publication on this website unless otherwise required by applicable law.

Your continued use of our Services after any modification constitutes your acceptance of the revised Terms.

SECTION 25 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, you may contact us at:

Email: memoriesflash.us@outlook.com

We will make reasonable efforts to respond to all inquiries as promptly as possible.