Terms of service
This page explains our terms and conditions of general services, which contain important information about
your legal rights. When you use the Site and Apps, you are agreeing to these standard terms. To help make
them easier to understand, we have also included annotations above each section. These annotations are not
to be included within the official Mimeo Photos and Motif terms and have no legal effect, but are intended
to help you better understand the legal provisions.
1. Effective Date.
This Agreement was last updated on March 20, 2024..
Please read this Agreement carefully. It includes important information about your legal rights, and covers
areas such as warranty disclaimers, limitations of liability, the resolution of disputes by arbitration, and
waiver. Please note that if you are an EU consumer, some of these provisions may not apply to you and you may be
entitled to specific rights under the mandatory laws of the country in which you live.
2. Acceptance of Terms.
Mimeo.com, Inc. on behalf of itself and its Mimeo Photos and Motif brands (“Mimeo Photos” and “Motif”) and its
suppliers and designees provide the sites (mimeophotos.com and www.motifphotos.com), interfaces, builders, mobile sites, mobile
applications, and / or the site-related services, (collectively, the “Site and Apps”) subject to your compliance
with the terms and conditions set forth below (the “Agreement”). By using the Site, and Apps and/or placing an
Order, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.
3. Changes in Terms & Conditions and the Site and Apps.
If we ever change our Terms and Conditions in a way that meaningfully reduces your rights, we will give you
notice and an opportunity to cancel.
This Agreement outlines the legally binding terms for your use of the Site and Apps. We may modify this
Agreement from time to time, and will always post the most current version on our Site and Apps. If a
modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or
displaying a prominent notice within the Services). The notice will designate a reasonable period after which
the new terms will take effect. Modifications will never apply retroactively. You accept the affirmative
obligation to periodically review whether or not these Terms & Conditions have changed. By continuing to use or
access the Site and Apps after any modifications come into effect, you agree to be bound by the modified
Agreement and price changes. If you disagree with our changes, then you should stop using the Site and Apps and
cancel all applicable Mimeo Photos and Motif services.
Mimeo Photos and Motif shall also have the right at any time to: (1) change the Site and Apps, including
limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature
of the Site and Apps; or (2) change any prices, fees or charges related to the Site and Apps. Such changes shall
be effective immediately upon notice thereof, which may be given by means including but not limited to posting
on the Site or transmission via electronic mail.
Use of our Site and Apps constitutes (1) acknowledgement by you of our modifications, (2) an agreement by you to
abide and be bound by this Agreement and its modifications and (3) acknowledgment of our Privacy Policy.
4. Registration of Member Account.
Make sure your account information is accurate and that you keep your account safe. You are responsible for your
account and any activity on it. Also, you need to be at least 18 years old to use our Site and Apps.
To submit orders you must register with our Site and Apps. In doing so, you represent and warrant that you are
at least 18 years of age, that the information contained therein is truthful and accurate, and that you will
keep that information up to date. If you are not 18 years old please do not set up an Account with any of Site
and Apps. Your willful provision of inaccurate or unreliable information shall constitute a material breach of
this Agreement and be a basis for immediate termination.
During the registration process, you will specify your email address and a password (your “Login Credentials”).
You are solely responsible in all respects for all use of and for safeguarding the confidentiality of your Login
Credentials. You agree to notify Mimeo Photos or Motif immediately of any unauthorized use of your Login
Credentials and any other suspected breach of security regarding the Site and Apps. You are responsible for
changing your password if you believe your password has been stolen or might otherwise be misused. Mimeo Photos
and Motif have no duty or obligation to verify the identity of a customer and may assume, without independent
investigation, that any person who logs on to this Site and Apps through your password does so with your consent
and approval.
5. User Conduct and Responsibilities.
You are responsible for the content you upload to the Site and Apps and you vouch to us that it’s okay to
distribute as requested. We ask that you follow our rules, all laws and regulations and don’t do anything illegal
with the Site or Apps.
Except as expressly authorized hereunder, the Site and Apps may not be reproduced, duplicated, copied, sold,
resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written
authorization. Mimeo Photos and Motif reserve the right to alter or discontinue our Site, in whole or in part,
at any time in our sole discretion.
You are responsible for obtaining access to the Site and Apps and that access may involve third party fees (such
as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must
provide and are responsible for all equipment necessary to access the Site and Apps.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
You represent and warrant that:
you are an authorized user of the Site and Apps.
any materials you transmit through or otherwise post to the Site and Apps are not unlawful material, including
without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a
copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or
party.
all information that you provide to Mimeo Photos and Motif when purchasing product or services on the Sites and
Apps is accurate and complete, including without limitation shipping information.
you will pay all charges incurred by you or any other members of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to
your purchases.your use of the Site and Apps does not violate any local law or regulation, and
you shall be responsible for any such violation(s).
while using the Site and Apps you are not to modify, adapt, translate, reverse engineer, decompile, or
disassemble any portion of the Site and Apps.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive,
non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps,
including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and
Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for
your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce,
distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of
any portion of our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree
not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation,
others’ privacy rights or rights of publicity;
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact
information;
Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means
of “hacking” or defacing any portion our Sites and Apps;Violate any applicable laws or regulations;
Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or
any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret
information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted
by us);
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other
destructive items;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and
Apps; and
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of
our Sites and Apps.
Display adult nudity or inappropriate child nudity.
Upload photographs of people who have not given permission for their photographs to be uploaded to a share site or given permission for individuals other than the account holder to view and/or purchase prints or books that include such photographs. You must obtain consent/permission of every identifiable person who appears in any and all photographs uploaded (or permission of the parent or guardian of any such identifiable person that is under the age of eighteen (18)) for print under your account or the account of others who may purchase books using pictures from your account.
Use the Share Sites for the sale of goods or services.
Post objectionable material, such as material containing hate or malicious content or offers for adult services,
or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in
addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our
Sites and Apps.
Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge that we
have no responsibility or liability for any transmissions, and/or any content included in such transmissions,
sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the
number and size of any transmissions sent by or received through our Sites and Apps and/or the amount of storage
space available for transmissions or for any feature made available through our website.
6. Suspension, Termination.
To operate effectively and protect the security and integrity of Mimeo Photos and Motif, we need to maintain
control over what happens on our services.
If you fail to comply with the above rules, such failure will constitute a violation of this Agreement, and in
addition to any other rights or remedies Mimeo may have, Mimeo Photos and Motif may immediately terminate your
access and use of Mimeo Photos and Motif Sites and Apps.
Either you or Mimeo Photos or Motif may terminate your access to the Sites and Apps and to your account at any
time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to
access and/or use the Site and Apps will immediately cease. Upon termination, you will have no further access
to, and we may delete, any information, files or materials in or related to your account, including, without
limitation, any customer materials. Upon termination, Mimeo Photos and Motif may delete all information, files
and materials related to your account. Mimeo Photos and Motif shall have no obligation whatsoever to save or
make any such information, files or materials available to you. You agree that we will have no liability
whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your
account and/or as a result of the deletion or loss of any information, files or materials in or related to your
account.
7. Making Purchases.
If you wish to purchase any products or services through any of our Sites and Apps, we will ask you to supply
certain information applicable to your purchase, including, without limitation, payment and other information.
Any such information will be treated as described in Mimeo Photos’ & Motif’s Privacy Policy. All information
that you provide to us or our third-party payment processor must be accurate, current and complete. YOU
REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO
INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit
card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to your purchases. Verification of information
applicable to a purchase may be required prior to our acceptance of any order. Title and risk of loss for any
purchases pass to you upon delivery to our carrier. We reserve the right to complete your order in partial
shipment at no additional cost to you. The same applies for any individual who sets up an account with Mimeo in order to purchase images that you have downloaded on your account and which you have confirmed have permission from each individual who appears in these image(s) to purchase these from downloads on your account.
If applicable, your use of eGiftCards or Digital Wallets will be subject to the additional terms and conditions
found here.
8. Mobile Applications.
Before using any Mimeo Photos or Motif mobile applications (“App” or “Apps”), Mimeo Photos and Motif may ask you
to install a valid copy of the App on your mobile device, register for an account, input your account
information into the App as requested, and meet certain hardware and connection requirements which may change as
the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you
incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able
to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of
any photographs in products that you order through an App, including the colors of those photographs; however,
the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device
will accurately display such colors.
9. Sites, Apps Content, Mimeo Photos and Motif Intellectual Property.
All content on the Site and Apps, including but not limited to designs, text, graphics, pictures, video,
information, software, music, sound and other files, and their selection and arrangement (the “Site Content”),
are the proprietary property of Mimeo Photos and Motif or their licensors with all rights reserved. No Site
Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part, without Mimeo Photos’ or Motif’s prior
written permission, except that the foregoing does not apply to your own material that you legally upload to the
Site.
All contents on the Site and Apps are: Copyright (c); 1999-2023 Mimeo.com, Inc. or its partners. All rights
reserved. Mimeo.com, Inc. and any Mimeo.com, Inc. brand logos are trademarks of Mimeo Photos and Motif. All
other trademarks are property of their respective companies. All trademarks and registered trademarks are
protected by US and International trademark laws.
Nothing in this Agreement shall be construed as conferring any license or right to any Mimeo intellectual
property, including without limitation Mimeo.com, Inc’s Mimeo Photo, Motif, Mimeo Print, Mimeo Schools, Mimeo
Printx, Mimeo Digital, printing, copying, duplication, collating, assembly, binding, storage, inventory,
kitting, and delivery services, whether by estoppel, implication or otherwise.
10. Privacy Policy
We care about the privacy of our users. Use of the Site and Apps is governed by our Privacy Policy (https://mimeophotos.com/privacy-policy/) which is
incorporated by reference as if fully set forth herein. By using the Site or the Service, you are consenting to
have your personal data transferred to and processed in the United States.
11. Disclaimer of Warranty; Limitation of Liability.
Mimeo Photos & Motif work hard to make our Sites and Apps great, but the services are provided as-is, without
warranties. If something happens as a result of your use of our Site, Mimeo.com, Inc.’s liability is capped.
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS
INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE
EXPRESSLY CONTAINED IN THESE TERMS.
12. Indemnity.
If you do something illegal that gets Mimeo Photos or Motif sued, you agree to cover us.
You agree to indemnify and hold Mimeo Photos, Motif, their subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any material you upload to the Site and Apps, your use of the Site and Apps, your conduct in connection with the Site and Apps, your allowing others to purchase pictures uploaded to the Site and Apps that include or do not include their likeness, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold Mimeo Photos and Motif harmless from any claims and to reimburse Mimeo Photos or
Motif for any fees or expenses that may be assessed (a) as a result of a recipient’s address being incorrect,
(b) if the package has to be returned to Mimeo Photos or Motif due to incorrect address information, and (c) if
the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.
A request for Signature Release on any package authorizes Mimeo Photos and Motif to deliver your shipment
without obtaining a signature and signifies your agreement to indemnify and hold harmless Mimeo Photos and Motif
from any resulting claims.
13. Copyright Issues.
While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to
protecting copyrights and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright
Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or
displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it blocked. The notice must include the following
information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d)
the name, address, telephone number and email address (if available) of the complaining party; (e) a statement
that the complaining party has a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the
DMCA; see https://www.copyright.gov for details. DMCA notices and
counter-notices regarding our Sites and Apps should be sent to:
Mimeo.com, Inc.
Attn: Mimeo Legal
3350 Miac Cove
Memphis, TN 38118
Email: [email protected]
14. Third Party Sites Software and Services.
Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (“Third
Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we
have no control over such Third Party Properties. We have no control over and are not responsible for (a) the
content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party
Properties. The fact that our Sites and Apps direct you to such Third Party Properties does not indicate any
approval or endorsement of any such Third Party Properties. We direct you to such Third Party Properties only as
a convenience. You are responsible for the costs associated with such Third Party Properties, including any
applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the
terms of use and practices of any such Third Party Properties.
Other sites may provide links to our Sites and Apps with or without our authorization. We do not endorse such
sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps,
any content, advertising, products or other materials available on or through such other sites, or any loss or
damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF
ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES,
SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH
SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through
technological or other means without prior notice.
15. Miscellaneous.
Entire Agreement.
These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter
hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no
legal or contractual effect.
Waiver and Severability of Terms. The failure of Mimeo Photos or Motif to exercise or enforce
any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of
any provision of this Agreement will be effective only if in writing and signed by Mimeo Photos or Motif. If any
provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. You and Mimeo Photos or Motif agree that any cause of action arising
out of or related to this service must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in
which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the
minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with
the laws of the State of Tennessee, excluding its conflict of law provisions. You and Mimeo Photos or Motif
agree to submit to the exclusive jurisdiction of the courts of Shelby County in the State of Tennessee.
No Conflict. In the event there is a conflict between the terms and conditions of this
Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.
Arbitration. Any claim, dispute or controversy arising out of or in connection with or relating
to this Agreement or the breach or alleged breach thereof shall be submitted by the parties to arbitration by
the American Arbitration Association in the City of New York State of New York, United States of America under
the commercial rules then in effect for that Association except as provided herein. The award rendered by the
arbitrators shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and
other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof; provided,
however, that nothing in this Paragraph shall be deemed as preventing either party from seeking relief from the
courts as necessary to protect either party’s name, proprietary information, trade secrets, know how or any
other appropriate provisional remedy. The parties shall be entitled to discovery as provided in the Code of
Civil Procedure of the State of New York.
Cancellation of an Order. You may cancel any order placed with Mimeo Photos or Motif provided
that Mimeo Photos or Motif receives the cancellation prior to the shipment of your order. You agree that you
will be responsible for all charges related to work performed by Mimeo Photos or Motif prior to the receipt of
your cancellation, which will include the entire cost of your order (excluding shipping) in the event that Mimeo
Photos or Motif has commenced production prior to the receipt of your cancellation. If You wish to cancel an
order, please contact Mimeo Photos Customer Service.
Export Controls. You are responsible for complying with all applicable United States laws,
rules and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall
ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such
content or data is subject to export controls, You will so notify Mimeo Photos or Motif immediately and You will
implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and
regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed
by any such laws, rules and regulations.
Contests and Sweepstakes. In addition to the terms and conditions of these Terms, any contests,
sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through our Site
and Apps may be governed by specific rules that are separate from this Agreement. By participating in any such
Promotion, You will become subject to those rules, which may vary from these Terms. We urge You to review any
specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our
Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such
Promotion. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and
conditions of such rules will govern and prevail.
Use of Promotional Codes. Mimeo Photos and Motif may from time to time make promotional codes
available to specific users for the purpose of providing certain discounts or other special offers. These codes
have not been authorized by Mimeo Photos or Motif for general public use. Promotional codes may be redeemed as
described in the specifics of the promotion. Mimeo Photos and Motif promotional codes cannot be combined with
any other offers or promotions. By using a Mimeo promotional code, You represent and warrant that You have been
authorized by Mimeo Photos or Motif to utilize the promotional code. Mimeo Photos and Motif reserves the right
to refuse any and all use of a promotional code due to unauthorized use or any other misuse. In addition, You
understand that you will be charged for the cost of Your order in the event that You have violated these terms.
Mimeo Photos and Motif promotional codes are not retroactive and price adjustments will not be issued to orders
placed prior to the start of any promotion. The contents of this statement may be altered at any time, at Mimeo
Photos’ and Motif’ discretion.