Effective Date: 12/01/2020
When you click the “Checkout” button on www.makingmemoriesbox.com (the “Website”), you are entering into a binding legal agreement with Making Memories Box, LLC (the “Company”) and you are agreeing to the terms of this Subscription Agreement (the “Terms”). If you do not agree to these Terms, do not click the “Checkout” button.
The Company provides a monthly subscription service for the delivery of materials and instructions needed to create the fun and creative activities (a “Activity Box”) with your child.
To make a purchase and start your subscription, you must create a user account (your “Account”). Your Account is created by entering your email address and a password (your “Credentials”) and clicking the “Checkout” button. On subsequent visits to the Website, your Account can be accessed by entering your Credentials.
Your Information and Privacy
Collection of your information
When you click the “Checkout” button, we will save the following personally identifiable information (“PII”) to your Account: · Your first name, last name, and delivery address (collectively, your “Shipping Information”) · your credit card number, the CVC of your credit card, the expiration date of your credit card, and the billing zip code (collectively, your “Billing Information”) · your Credentials including your email address and password. The Website may also collect certain anonymous information about your use of the Website through the use of internet analytic technologies, including, but not limited to, cookies and web beacons. Examples of this anonymous information are: your operating system, the date and time of use, geographical information, and device type.
Use of your information
We will not sell your PII. The PII we collect from you may be used to communicate with you and to provide you with the Activity Boxes you order.
Protection of your information
The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. No security measures are 100% reliable, however, so the Company cannot guarantee the security of your PII. You have the responsibility of protecting your Credentials. In addition, you agree not to share your Credentials with anyone else. You must contact the company using the contact information in these Terms if you have reason to believe that your Account has been compromised. The Company will never send you any communication (email or otherwise) asking for your Credentials, Shipping Information, or Billing Information. If you receive any such communication that looks like it is from the Company, do not respond to the communication but rather immediately report the communication to the Company using the contact information contained in these Terms.
Third-party access to your information
The Company may provide your information to the following third parties: · Service providers. The Company may disclose your PII to service providers who maintain our Website and to service providers who process our payments. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes, in good faith, follow acceptable privacy and security policies. · Legal enforcement. The Company may disclose your PII to investigate to enforce violations of our rights. The Company may also disclose your PII to protect the security of our Website. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation. · Successors. The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely event of a bankruptcy, reorganization, receivership, assignment, or any application of creditor’s rights.
Correction or removal of your information
You may update and/or correct your information by contacting the Company (using the contact information at the end of these Terms) to request such modification. The Company will require you to provide identification prior to the Company’s making such changes. Once you cancel your subscription, you may have your information removed from our database by contacting us using the contact information at the end of these Terms.
Policy with regard to children
The Company will not knowingly collect any information from children under the age of 13 as is consistent with the Children’s Online Privacy Protection Act (“COPPA”). If, as a parent or guardian, you discover your child has provided the Company with PII, you may contact the Company using the contact information at the end of these Terms and we will remove your child’s information from our database. The Company bills you for your subscription through the credit card information (your “Payment Method”) provided in your profile (your “Billing Account”). You agree to pay the Company all charges using the Billing Account and you authorize the Company to charge your Payment Method. You agree to provide current, complete, and accurate information for your Billing Account at all times. Your Payment Method will automatically be charged each month if you have selected the month-to-month subscription option or, if you have selected the individual box, your Payment Method will be charged for the prepaid amount one time. Your subscription will continue indefinitely and will auto-renew for the same subscription period as initially selected until cancelled by you or terminated by the Company in accordance with these Terms. (In other words, if you selected the subscription, your subscription will auto-renew every month until you cancel.)
The Company may charge you local sales tax or VAT, if applicable.
Shipping and Risk of Loss
Shipping and handling are included with your order. If you believe all or part of your Activity Box is missing or damaged, you must notify us within 30 days of receipt. The Company will, at its sole and absolute discretion, either replace the missing or damaged parts of the Activity Box or send you a whole new Activity Box.
If the Company, in its sole discretion, believes you have breached these Terms, the Company may terminate or suspend your subscription at any time without notice. Under no circumstances will the Company refund any fees you have already paid.
The crafts provided in the Activity Box are protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website and the Activity Box. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.
Warning: Choking Hazard—Small parts not for children less than three (4) years of age. You acknowledge that the Activity Box is not designed, manufactured, or intended for use by children under the age of three (4) years and may contain small parts. In addition to small parts that are choking hazards, Activity Boxes may also include the following materials (or other materials that are not included in this list): pipe cleaners, sequins, rhinestones, glitter, Elmer’s glue, pom-poms, ribbon/string, paper (variety), stickers, beads, seeds, paint (variety of types), modeling clay, ingredients for kinetic sand, ingredients for salt dough, ornaments, chalk, markers, crayons, batteries and watercolor paints. If the materials contained in an Activity Box contain items that may pose a hazard to your child who is four years old or greater and safety regulations require the Company to provide cautionary statements concerning the use of such items, applicable warning labels for such items will be included in the Activity Box. You understand and agree that you must read all included warnings and cautionary statements and take necessary precautions to protect your child. In addition to all other limitations and disclaimers in these Terms, the Company will not be liable to you, your child, or any third party in whole or in part for any claims, liability, damages, loss, or costs arising from the materials contained in any Activity Box.
Warranties and disclaimers
You may cancel your subscription by emailing us by the 10th day of the month following the end of your then-current subscription period using the contact information contained at the end of these Terms. implied warranties on this Activity Box, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. The Company makes no warranty that a Activity Box will meet your requirements. These disclaimers form an essential part of these Terms. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website or an Activity Box, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website or an Activity Box will not exceed the amount you paid to the Company in the then-prior calendar month.
Assumption of Risk
You agree and understand that you assume all risks when using the Activity Box, including, without limitation, any and all risks associated with you and your child’s use of the materials contained within the Activity Box.
You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website or an Activity Box, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Placer County, California, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of California, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00. The courts of Placer County in the State of California, USA, and the nearest U.S. District Court in the State of California, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. These Terms will be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law.
Designed for Use Within the United States
This Website is designed for use from within the United States. Activity Boxes may not be available outside the United States. If you access and use the Website outside the United States, you understand and agree that Activity Boxes may not be available and you are responsible for complying with your local laws and regulations
You may cancel your subscription by emailing us before the 10th day of the month following the end of your then-current subscription period using the contact information contained at the end of these Terms. Your subscription will continue until you cancel and, if you do not cancel your subscription before the tenth of the month following the end of your then-current subscription period, your subscription will automatically renew for a new subscription period of the same amount of time.
The Company will not be liable for damages or any delay or failure to ship an Activity Box arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User submissions to the Company
The Company welcomes your feedback with regard to the Activity Box. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.