Welcome to Picture It Memories (“we”, “us”, “our”). We operate this website and store (the “Services”), which is powered by Miss Magtool. These Terms of Service (“Terms”) govern your use of our Services. By visiting our site or purchasing from us, you agree to these Terms and our Privacy Policy. If you do not agree, do not use our Services. All purchases are subject to our external Refund Policy and Shipping Policy.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing, you represent you are of legal age in your jurisdiction. You must provide accurate, current, and complete information (such as email, billing, and shipping details) to buy products. You are solely responsible for your account security and all activities under your credentials. Accounts are non-transferable.
SECTION 2 - PRODUCTS, ORDERS, AND BILLING
Product colors and appearance may vary depending on your device settings; we do not warrant that product appearance will perfectly meet your expectations. Descriptions, promotions, and prices are subject to change without notice. Posted prices exclude taxes, shipping, handling, and import charges unless stated otherwise.
We reserve the right to limit quantities, discontinue products, or refuse/cancel any order for any reason. If we change or cancel an order, we will attempt to notify you via the contact info provided. Purchases are strictly for personal, non-commercial use. You warrant that you are authorized to use your payment method and will pay all incurred costs at posted prices.
SECTION 3 - SHIPPING AND INTELLECTUAL PROPERTY
All delivery times are estimates only. We are not liable for carrier or customs delays. Risk of loss and title transfer to you upon delivery to the carrier.
All content (text, graphics, logos, images) is owned by Picture It Memories, Miss Magtool, or its licensors and protected by intellectual property laws. You are granted a limited license for personal, non-commercial use only. You may not reproduce, modify, or distribute our content without prior written consent.
SECTION 4 - THIRD PARTIES AND MISS MAGTOOL RELATIONSHIP
We are not liable for examining third-party content, websites, or hyperlinks embedded in our Services. Accessing third-party sites is at your own risk. Direct third-party product complaints to the third party.
Sales are made directly with Picture It Memories. Miss Magtool is not responsible for any aspect of sales, including injury, damage, or loss resulting from products. You expressly release Miss Magtool and its affiliates from all claims and liabilities arising from your transactions with us.
SECTION 5 - USER FEEDBACK AND ERRORS
If you send us suggestions, reviews, or plans (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, modify, publish, and distribute it for any purpose, including commercial use, without compensation or confidentiality. Feedback must not violate third-party rights, contain malware, or mislead us as to its origin. We take no responsibility for user-posted Feedback.
We reserve the right to correct typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, and availability, and to change info or cancel orders without prior notice (including after order submission).
SECTION 6 - PROHIBITED USES
You may not use the Services: (a) for unlawful, malicious, or discriminatory purposes; (b) to violate laws or ordinances; (c) to infringe intellectual property; (d) to harass, abuse, or defame; (e) to transmit false information, spam, or malware; (f) to track others' personal info; or (g) to scrape or crawl our site. Violation results in immediate account termination.
Information on our site is for general purposes only; reliance on it is at your own risk. The Services and all products are provided "AS IS" and "AS AVAILABLE" without any warranties or conditions of any kind, express or implied (including implied warranties of merchantability, fitness for a purpose, and durability). We do not guarantee uninterrupted, secure, or error-free service.
To the fullest extent provided by law, Picture It Memories, Miss Magtool, and their officers, employees, or affiliates shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, or consequential damages of any kind—including lost profits, lost data, or replacement costs—arising from your use of the Services or any products, even if advised of the possibility.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Picture It Memories, Miss Magtool, and our affiliates from any claims, losses, liabilities, or damages (including attorneys' fees) arising out of your breach of these Terms, your violation of law/third-party rights, or your misuse of the Services. We reserve the right to control the defense at your expense.
SECTION 9 - LEGAL MISCELLANY & GOVERNING LAW
• Termination: We may terminate this agreement or your access at any time without notice. Survival clauses (Liability, IP, Indemnity) outlive termination.
• Severability & Waiver: If any provision is deemed unenforceable, it will be severed, and remaining terms stay valid. Failure to enforce a right is not a waiver.
• Assignment: We may assign our rights under these Terms without notice; you may not do so without our consent.
• Governing Law: These Terms are governed by the federal and state courts in the jurisdiction where Picture It Memories is headquartered. You consent to personal jurisdiction there.
• Changes: We reserve the right to update these Terms by posting changes to our website. Continued use constitutes acceptance.
SECTION 10 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Picture It Memories LLC
1201 E Yelm Ave, Ste 400-PMB 506, Yelm, WA, 98597
info@pictureitMemories.com
UBI: 605-935-718