Terms & Conditions

1. Subject Matter of the Contract

1.1. MEMORIES DESIGN Sp. z o.o. is the exclusive owner and operator of the memories.design website, which features an innovative photo book creation and printing service known as MEMORIES DESIGN. The memories.design website (the “Website”) is a hosted service provided by MEMORIES DESIGN Sp. z o.o.. By using or accessing the Website, you agree to be bound by the following Terms and Conditions of Use (the “Terms and Conditions”), as well as by MEMORIES DESIGN’s Privacy Policy. Both the Terms and Conditions and the Privacy Policy are hereby incorporated by reference into this agreement, which constitutes a legally binding contract between you and MEMORIES DESIGN Sp. z o.o..

1.2. By using the Memories Design web application, you agree to the Terms and Conditions outlined herein.

2. Installation of the Web Application

2.1. In order to utilize the MEMORIES DESIGN service, you must authorize the MEMORIES DESIGN application to access and use your data for the purpose of generating your photo book. By including any images or other content in your photo book, you represent and warrant that you own the content or have obtained permission to provide it to Memories Design for use in accordance with these Terms and Conditions. Additionally, you represent and warrant that the content does not contain any personal data about any individual other than yourself.

2.2. The use of the MEMORIES DESIGN Web Application is currently free of charge. However, if you wish to purchase a printed photo book, a fee will be charged and payable through the payment system Stripe.

2.3. You agree not to use any content that you do not own or have permission to use. MEMORIES DESIGN takes all allegations of copyright infringement seriously (see Section 8). If you believe that material on the memories.design website violates your copyright, please contact us via email [email protected]. If we determine that a user has infringed or repeatedly infringed the copyrights or other intellectual property rights of MEMORIES DESIGN or others, we may, in our discretion, terminate or deny access to the Website. In such cases, MEMORIES DESIGN will not be obligated to provide a refund of any amounts previously paid.

2.4. By using the Memories Design service, you acknowledge that you are uploading your content to our servers for our use in providing you with our service. This information may be shared with a printing company.

2.5. You retain ownership of all content uploaded to the MEMORIES DESIGN service.

2.6. We reserve the right to limit the functional scope of the MEMORIES DESIGN Web Application at any time or to discontinue the service in its entirety.

3. Creation of your Photo book

3.1. Once you have installed the Web Application, you can create your own Photo Book, which can include photos from your Facebook accaunt.

3.2. During the creation of the Photo Book, you are solely responsible for the content you include, such as photos, book title, author name, years, etc. While the Application may suggest content for inclusion, you are responsible for ensuring that the content is legal and that you have the right to use it in your Photo Book. You agree to indemnify MEMORIES DESIGN Sp. z o.o. for any claims made by third parties in relation to the content of your Photo Book (see para. 7).

3.3. Printing and manufacturing of the Photo Book is handled by our print-on-demand partners. MEMORIES DESIGN reserves the right to reserve a portion of the cover of any published content for the placement of a unique identifying number and/or MEMORIES DESIGN logo.

3.4. Ordering a Printed Copy incurs a charge, including stated prices and shipping costs. MEMORIES DESIGN reserves the right to adjust the prices as necessary.

3.5. Once you have completed the ordering process, we will confirm the conclusion of the contract by sending an email to the address you provided during the order process. The contract is not effective until the confirmation email has been sent. MEMORIES DESIGN reserves the right to reject orders without reason and is under no obligation to conclude a contract.

4. Payment terms

4.1. The prices for the services offered by MEMORIES DESIGN shall be due and payable at the time the contract is concluded, unless otherwise stated. The amount shall be payable without a separate invoice.

4.2. All prices quoted include any applicable taxes, unless otherwise stated.

4.3. Payments shall be processed through our secure payment processor, Stripe, and can be made by credit card or other forms of payment as indicated on our website.

4.4. If you have a coupon, gift voucher, or discount code, you can apply it at the time of ordering your Printed Photo Book.

4.5. Private payment information, such as credit card numbers, are not stored on our servers. All transactions are processed securely through Stripe's servers.

4.6. Once an order has been placed and payment has been received, it cannot be cancelled if the book has already been sent to production and the printing process has started.

4.7. In the event of printing or shipping issues, the User may be entitled to a re-print of their Printed Copy free of charge, provided that they provide detailed documentation and proof of the issue to MEMORIES DESIGN. We reserve the right to refuse a re-print if the documentation is insufficient to prove the issue. Users affected by shipping delays not directly caused by MEMORIES DESIGN (such as delays by our printing partners) are not entitled to re-prints of their Printed Copy.

5. Rights of use to the content

At memories.design, by using our web application, you grant us a non-exclusive and unlimited right to use all content from your social media profiles. This includes the right to reproduce, make publicly available, configure, format, technically process, transmit, and display the content on various end devices, including mobile devices. This grant of rights is limited to the use of the content solely for the purpose of providing our service. You have the right to revoke these rights of use at any time.

6. General obligations of the User

6.1. By using the memories.design website and its services, you agree to provide truthful, accurate, and complete information in all relevant fields.

6.2. You are solely responsible for maintaining the confidentiality of your login credentials and ensuring that your access to our services is used exclusively by you.

6.3. You agree not to use any software, scripts, or mechanisms that may interfere with the proper functioning of memories.design.

6.4. You acknowledge and agree that you will not reproduce, duplicate, copy, sell, trade, resell, or exploit any portion or use of, or access to, the MEMORIES DESIGN services, including any content, advertisements, or software, for any commercial purpose without the prior written consent of memories.design.

7. Responsibility

7.1. As a user of memories.design, you are solely responsible for all texts, photos, graphics or other materials and submissions ("Contents") that you save, reproduce, or publish through the service. If you allow a third party, especially a minor, to use the service, you are responsible for all Contents that the third party saves, reproduces, or publishes using the service.

7.2. By using the service, you guarantee that you have all necessary rights to the Contents that you include in your personal Photo Book and that no third-party rights, statutory provisions, or provisions of these Terms of Use are violated. If you are not the owner of the rights to any of the Contents that you include in your personal Photo Book, you guarantee that you have obtained all necessary legal transfers, licenses, permissions, and consents. If you violate any of these guarantees or these Terms of Use, you agree to indemnify MEMORIES DESIGN Sp. z o.o., as described in section 10, for any liability towards a third party and hold Memories.Design harmless to the fullest extent.

7.3. While MEMORIES DESIGN does not generally review or monitor user Contents, we reserve the right, at our sole discretion and without providing reasons, to refuse (or partially refuse), block, or delete Contents accessible through our servers, particularly if third parties bring to our attention any Contents that violate these Terms of Use.

8. Reporting violations of rights

If you believe that your intellectual property rights or any other rights are being violated by the content of another user on our platform, please let us know by contacting us through our online contact form or email [email protected]. We take all reports of infringement seriously and will take action to protect your rights.

In your report, please include the following information:

• A description of the work that is being infringed upon
• The URL where the infringing material can be found
• Your address, telephone number, and email address
• A statement that, to the best of your knowledge, the use of the material is not authorized by the owner of the rights or by law MEMORIES DESIGN reserves the right to decide, at our sole discretion, whether to remove or hide the reported content. We will make every effort to respond to your report as quickly as possible.

9. Data Protection

MEMORIES DESIGN is authorized to collect, process, and use the data obtained from the User, as well as any data that accrues in connection with the use of the service, in accordance with legal provisions to the extent that this data is required for the implementation of the Service and contractual performance.

10. Indemnification for liability

If a third party makes a claim or brings legal action against MEMORIES DESIGN Sp. z o.o., based on your use of the Service or your violation of these Terms of Use or the rights of others, you will be responsible for indemnifying and holding MEMORIES DESIGN Sp. z o.o. harmless from all damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs. You also agree to provide MEMORIES DESIGN Sp. z o.o. with all necessary and relevant information for evaluating such claims and preparing a defense.

11. We retain the right to make changes to these Terms of Use that will only take effect in the future.

If you have any questions or concerns about these Terms, please contact us at [email protected].