Terms of service

OVERVIEW
Welcome to The Memory Mill Studio (“we,” “us,” “our”). We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store is hosted by Shopify Inc., which enables us to provide the Services to you.
These Terms of Service (the “Terms”) together with any policies referenced here (including our [Privacy Policy] and [Refund Policy]) describe your rights and responsibilities when you use the Services.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

SECTION 1 – ACCESS & ACCOUNT

You represent that you are at least the age of majority in your state or province of residence. To use certain features (e.g., checkout, account), you may need to provide accurate and current information (including email, billing, payment, and shipping details). You are responsible for safeguarding your account credentials and all activity under your account. We may refuse service, close accounts, or cancel orders at our discretion if we suspect fraud, abuse, or violation of these Terms.

SECTION 2 – OUR PRODUCTS

We aim to display products accurately; however, colors and appearance may vary by device and settings. Descriptions, pricing, and availability are subject to change at any time without notice. We may limit quantities or discontinue products at our discretion and may limit sales to any person, household, region, or jurisdiction.

SECTION 3 – ORDERS

Your order is an offer to purchase. We reserve the right to accept or decline any order. We must receive and process payment before acceptance. Cancellations: because items are custom-made, cancellations are generally accepted only within 24 hours of purchase, unless production has begun. If we change or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided.
Your purchases are subject to our [Refund Policy]. You represent that purchases are for personal or household use and not for resale or export.

SECTION 4 – PRICES, TAXES & BILLING

Prices, discounts, and promotions may change without notice. Prices shown at checkout apply. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import duties (if applicable). You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update it as needed. You represent you are authorized to use the payment method and will pay all charges, including applicable taxes and shipping.

SECTION 5 – SHIPPING & DELIVERY; RISK OF LOSS

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or events outside our control. Title and risk of loss pass to you when we deliver items to the carrier. Please ensure your shipping address is accurate.

SECTION 6 – CUSTOMER CONTENT & INTELLECTUAL PROPERTY

Your Content (Uploads/Photos). If you submit photos, artwork, text, or other content (“Customer Content”):

You represent and warrant you own or have all necessary rights and permissions to use and provide the Customer Content, and that it does not infringe any third-party rights (including copyrights, trademarks, rights of publicity or privacy).
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Customer Content solely to produce, fulfill, and deliver your order, operate the Services, and resolve support or quality issues.
You are responsible for ensuring your Customer Content meets our technical guidelines (e.g., resolution).

Our IP. The Services and all related materials (text, graphics, logos, images, designs, and compilations) are owned by The Memory Mill Studio or its licensors and protected by intellectual-property laws. You may use the Services only for personal, non-commercial purposes. No rights are granted except as expressly stated. You may not copy, distribute, modify, or create derivative works without our prior written consent. All trademarks are the property of their owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available,” without warranties. Your use is at your own discretion and risk and may be subject to third-party terms. New features and tools are also subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party sites. We are not responsible for examining or evaluating, and do not warrant, the content or accuracy of third-party materials. Accessing third-party sites is at your own risk. Review their policies before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Note: This section reflects Shopify’s required language.
The Memory Mill Studio is powered by Shopify. Any sales you make are directly with The Memory Mill Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Memory Mill Studio, and you release Shopify and its affiliates from all claims arising from or related to your purchases and transactions with The Memory Mill Studio.

SECTION 10 – PRIVACY

Personal information collected through the Services is subject to our [Privacy Policy] and may also be processed by Shopify per its privacy policies. Because the Services are hosted by Shopify, information you submit may be transmitted to and processed by Shopify (and its subprocessors) in other countries to provide and improve the Services.

SECTION 11 – FEEDBACK & REVIEWS

If you submit ideas, feedback, reviews, or suggestions (“Feedback”), you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use, reproduce, modify, publish, and display the Feedback to operate, improve, and promote the Services and our products. You represent you have all rights to grant this license and that your Feedback complies with these Terms and applicable law. We may moderate or remove Feedback at our discretion.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally information on the Services may contain typographical errors or inaccuracies (e.g., descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct errors and to change or update information or cancel orders if information is inaccurate at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to, among other things: violate laws or third-party rights; harass or harm others; transmit malware; spam; scrape; circumvent security; or otherwise interfere with the operation of the Services. We may suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including suspected violations. You remain responsible for all amounts due up to the date of termination. Sections intended to survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except as expressly stated by The Memory Mill Studio, the Services and all products are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation. Some jurisdictions do not allow limitations on implied warranties, so some limitations may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will The Memory Mill Studio or its owners, employees, agents, partners, service providers, or licensors be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services or products. Our aggregate liability for any claim will not exceed the greater of (i) the amount you paid for the product(s) giving rise to the claim, or (ii) $100. Some jurisdictions do not allow certain limitations, so some limitations may not apply.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless The Memory Mill Studio, Shopify, and their affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law, or infringement of third-party rights.

SECTION 18 – DMCA / COPYRIGHT COMPLAINTS

If you believe content on the Services infringes your copyright, please send a notice including: (a) your contact info; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) a statement of good-faith belief; (e) a statement under penalty of perjury that the information is accurate and you are the owner or authorized to act; and (f) your physical or electronic signature.
Send to: thememorymillstudio@gmail.com (Subject: DMCA Notice).

SECTION 19 – SEVERABILITY

If any provision of these Terms is unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remainder will continue in full force.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right is not a waiver. These Terms (plus referenced policies) are the entire agreement between you and us regarding the Services and supersede prior agreements.

SECTION 21 – ASSIGNMENT

You may not assign these Terms without our prior written consent. We may assign these Terms without notice.

SECTION 22 – GOVERNING LAW; VENUE; FORCE MAJEURE

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. You and The Memory Mill Studio consent to exclusive jurisdiction and venue in the state or federal courts located in Martin County, Florida.
We are not liable for delays or failures caused by events beyond our reasonable control (force majeure), including acts of God, labor disputes, supply chain failures, carrier disruptions, or governmental actions.

SECTION 23 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. We may update these Terms from time to time. We will post updates with a revised “Last Updated” date and, where required by law, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to:
The Memory Mill Studio
By Email: thememorymillstudio@gmail.com
By Mail: 6526 South Kanner Highway PMB 143, Stuart, FL 34997, USA
Hours: 9 AM – 5 PM Eastern Time, 7 days a week