Terms of service
Welcome to Stat Memories!
The terms “we,” “us,” and “our” refer to Stat Memories. Stat Memories operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Stat Memories is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you have provided appropriate consent for any minor dependents using the Services on devices you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information, shipping address, and personalization information.
You represent that all information you provide is accurate, current, and complete and that you have the necessary rights to provide such information.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately represent our products and Services.
However, colors and appearance may vary depending on your device, screen settings, lighting conditions, materials, printing processes, and other factors.
For transparent or light-catching products, appearance may also vary depending on the lighting, background, and environment in which the product is viewed.
Because many Stat Memories products are handmade, personalized, custom-produced, or artistically created, minor differences between photographs, digital previews, examples, and finished products may naturally occur.
Such reasonable variations are part of the custom production process and are not necessarily defects.
Product descriptions, prices, specifications, availability, and designs may be changed without notice.
We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you submit an order, you are making an offer to purchase.
Stat Memories reserves the right to accept, decline, modify, or cancel an order where reasonably necessary, including because of payment issues, suspected fraud, product availability, technical errors, inability to fulfill a customization request, or concerns regarding submitted content.
Payment must be successfully processed before an order is accepted for production.
Please carefully review your order before submitting it. Because personalized products may enter production shortly after purchase, we may be unable to accommodate cancellation or modification requests after production begins.
If we cancel or materially modify an order, we will attempt to contact you using the information provided with the order.
Purchases are subject to our Return & Refund Policy.
Unless otherwise expressly agreed, products purchased through our consumer store are intended for personal or household use and not for unauthorized commercial reproduction or resale of our artwork.
SECTION 4 – CUSTOM AND PERSONALIZED PRODUCTS
Certain Stat Memories products are created using photographs, images, names, text, colors, instructions, or other materials supplied by customers.
By uploading or otherwise providing content to Stat Memories, you represent and warrant that:
- you own the content or have permission and sufficient rights to provide and use it;
- our use of the content to fulfill your order will not violate another person’s copyright, trademark, privacy, publicity, or other rights; and
- you authorize Stat Memories to use the content as reasonably necessary to complete your order.
You grant Stat Memories a limited license to reproduce, crop, resize, edit, adapt, artistically transform, print, manufacture, and otherwise process customer-provided content solely as reasonably necessary to design, produce, fulfill, deliver, and provide customer service for your order.
Providing a photograph for an order does not transfer ownership of that photograph to Stat Memories.
Customers retain any rights they hold in their original photographs and other submitted materials.
Personal Photos and Privacy
Customer-provided photographs and personalized finished designs will not be used by Stat Memories for advertising, social media, product listings, promotional materials, or other marketing purposes without separate permission from the customer.
Permission to create an order does not automatically constitute permission to publicly display or promote the customer’s photograph or personalized finished design.
Customer Responsibility
Customers are responsible for reviewing photographs, names, spelling, dates, colors, and other personalization information before submitting an order.
Stat Memories is not responsible for an error that reproduces information exactly as it was provided by the customer.
Personalized artwork is an artistic interpretation. Reasonable differences in colors, positioning, composition, artistic details, printing, or appearance may occur.
We reserve the right to refuse or cancel customization requests involving content that we reasonably believe is unlawful, infringing, abusive, or otherwise inappropriate for production.
SECTION 5 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged will be the price displayed at the time the order is placed, subject to correction of obvious pricing or technical errors.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping, handling, customs charges, or other charges that may apply.
You agree to provide accurate and complete purchase, payment, and account information.
You represent that you are authorized to use any payment method submitted for an order.
SECTION 6 – SHIPPING AND DELIVERY
Processing and delivery estimates are estimates and are not guarantees unless expressly stated otherwise.
Custom products require production before shipment. Processing times are described in our Shipping Policy and may vary based on personalization requirements, order volume, materials, holidays, or other circumstances.
Once an order is transferred to a shipping carrier, delivery may be affected by carrier operations, weather, holidays, incorrect addresses, or circumstances outside our reasonable control.
Please review our Shipping Policy for additional information.
SECTION 7 – INTELLECTUAL PROPERTY
The Services and their content, including protectable text, graphics, logos, illustrations, artwork, photographs owned by us, layouts, branding, and other materials, are owned by Stat Memories or their respective licensors and are protected by applicable intellectual property laws.
Except as expressly permitted by law or by Stat Memories in writing, you may not reproduce, distribute, modify, publish, commercially exploit, or create unauthorized copies of protected Stat Memories content.
Nothing in these Terms grants ownership of Stat Memories intellectual property to a customer.
SECTION 8 – STAT MEMORIES ORIGINAL ARTWORK AND DESIGNS
Stat Memories creates and sells original artwork, illustrations, patterns, graphics, backgrounds, layouts, product artwork, templates, and other creative designs (“Stat Memories Designs”).
To the extent protected under applicable law, Stat Memories retains its intellectual property rights in Stat Memories Designs.
Purchasing a product containing a Stat Memories Design does not transfer ownership of the underlying artwork or intellectual property to the purchaser.
Unless Stat Memories expressly grants permission in writing, purchasing a product does not grant the customer a right to:
- reproduce or commercially copy Stat Memories Designs;
- sell or redistribute digital copies of our artwork;
- use our artwork to manufacture additional products;
- commercially license or sublicense our artwork;
- distribute our original design files;
- represent Stat Memories artwork as the customer’s own original creation; or
- commercially exploit our artwork beyond ownership and ordinary personal use of the purchased physical product.
Stat Memories Designs may not be unlawfully copied, reproduced, traced, distributed, resold as artwork, or used to manufacture competing products.
Nothing in this section restricts rights that cannot lawfully be restricted under applicable intellectual property law.
Custom Artwork Incorporating Customer Content
When a personalized design incorporates a customer’s photograph or other customer-owned material, the customer retains any rights they hold in that underlying material.
To the extent permitted by law, Stat Memories retains rights in its independently created and protectable original artistic contributions, design elements, layouts, graphics, patterns, and other creative material.
Purchasing the physical personalized product does not automatically transfer Stat Memories’ intellectual-property rights in those original creative contributions.
SECTION 9 – OPTIONAL TOOLS
We may provide access to tools or services offered by third parties that we do not control.
Such tools may be provided “as is” and “as available.”
Your use of third-party tools is subject to the applicable third party’s terms and policies.
We may introduce additional features, tools, or resources in the future, which will also be subject to these Terms where applicable.
SECTION 10 – THIRD-PARTY LINKS
The Services may contain links to websites, services, or materials operated by third parties.
We are not responsible for the content, accuracy, practices, products, or services of third-party websites.
Your interactions with third-party services are subject to their respective terms and policies.
SECTION 11 – RELATIONSHIP WITH SHOPIFY
Stat Memories is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Stat Memories.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Stat Memories, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Stat Memories to the extent permitted by applicable law.
SECTION 12 – PRIVACY
Personal information collected through the Services is handled according to our Privacy Policy.
Because our Services are powered by Shopify, certain personal information may also be processed by Shopify and other service providers as necessary to operate the store, process payments, fulfill orders, prevent fraud, and provide related functionality.
Please review our Privacy Policy for more information.
Customer-uploaded photographs used for personalized products are subject to the additional provisions contained in Section 4 – Custom and Personalized Products.
SECTION 13 – FEEDBACK AND REVIEWS
If you voluntarily provide reviews, suggestions, ideas, feedback, or other non-private promotional content (“Feedback”), you grant Stat Memories permission to use that Feedback for purposes reasonably related to operating, improving, and promoting the business, subject to applicable law.
This provision does not automatically grant Stat Memories permission to publicly use private customer photographs or personalized finished artwork submitted for order fulfillment. Those materials are governed by Section 4.
You represent that Feedback you submit does not unlawfully violate the rights of another person.
We reserve the right to moderate or remove content that is unlawful, abusive, fraudulent, infringing, or otherwise inappropriate.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.
We reserve the right to correct such errors and update information as reasonably necessary, including after an order is submitted where permitted by law.
If an error materially affects an accepted order, we will take reasonable steps to notify the customer.
SECTION 15 – PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
- violate applicable law;
- infringe intellectual property, privacy, publicity, or other rights;
- transmit fraudulent or misleading information;
- introduce malicious software;
- interfere with the security or operation of the Services;
- impersonate another person;
- collect information unlawfully;
- spam, phish, scrape, or otherwise misuse the Services; or
- engage in conduct that materially harms Stat Memories, Shopify, our customers, or other persons.
We reserve the right to restrict or terminate access to the Services when we reasonably determine that these Terms have been violated.
SECTION 16 – AGENTS AND AUTOMATED ACCESS
Automated systems, agents, bots, or similar technologies accessing the Services must comply with applicable law, these Terms, and any technical restrictions or instructions governing automated access.
We may limit or block automated access that interferes with the operation, security, availability, or intended use of the Services.
SECTION 17 – TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including for violations of these Terms, unlawful activity, fraud, misuse, or threats to the security or operation of the Services.
Obligations and provisions that by their nature should survive termination—including intellectual-property provisions, limitations of liability, indemnification, and governing-law provisions—will continue to apply.
SECTION 18 – DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.
SECTION 19 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STAT MEMORIES AND ITS PARTNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES OR PRODUCTS.
THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
SECTION 20 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Stat Memories and its partners, employees, contractors, service providers, licensors, Shopify, and applicable affiliates from third-party claims arising from:
- your material violation of these Terms;
- your violation of applicable law;
- content you provide that infringes another person’s rights; or
- your unlawful misuse of the Services.
This provision is particularly applicable where a customer submits photographs, artwork, trademarks, copyrighted material, or other content that the customer did not have authorization to use.
SECTION 21 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary.
The remaining provisions will continue in effect.
SECTION 22 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with policies incorporated by reference, constitute the agreement governing your use of the Services and supersede prior communications concerning the same subject matter.
SECTION 23 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations as permitted by applicable law.
SECTION 24 – GOVERNING LAW
These Terms and any separate agreements through which Stat Memories provides Services will be governed by applicable laws of the United States and the State of California, without limiting any consumer protections that apply under applicable law.
To the extent permitted by law, disputes relating to these Terms will be subject to the appropriate state or federal courts with jurisdiction over the location where Stat Memories is headquartered.
SECTION 25 – HEADINGS
Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.
SECTION 26 – CHANGES TO THESE TERMS
We may update these Terms from time to time.
The current version will be posted on our website. Where required by applicable law, we will provide appropriate notice of material changes.
Continued use of the Services following an effective update constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 27 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
Stat Memories
Email: support@statmemories.com
Website: statmemories.com