TERMS OF SERVICE
TERMS OF SERVICE
Make & Moment – Terms of Service
Effective Date: August 26, 2026
Contact Email: support@makeandmoment.com
Welcome to Make & Moment! These Terms of Service (“Terms”) govern your access to and use of the website makeandmoment.com, mobile applications, design tools, and services (collectively, the “Services”) provided by Make & Moment (“we,” “us,” or “our”).
By creating an account, placing an order, or accessing our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use our Services.
1. Eligibility & Account Responsibilities
Age Requirement: You must be at least 13 years old to use our Services. Users between 13 and 18 years of age may only access the platform under the active supervision of a parent or legal guardian who agrees to these Terms.
Account Security: When creating an account, you agree to provide accurate and current information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Unauthorized Access: You must notify us immediately at support@makeandmoment.com if you suspect any unauthorized access to or compromise of your account.
2. Custom Printing & User Content Rights
Ownership of Uploaded Content: You retain full ownership of all photos, graphics, text, logos, trademarks, and artwork (“User Content”) that you upload or submit to Make & Moment.
License Grant to Make & Moment: By submitting User Content, you grant Make & Moment a non-exclusive, worldwide, royalty-free, limited license to host, store, reproduce, format, and display your content solely for the purpose of fulfilling your orders, manufacturing your items, and providing our Services.
Representations & Warranties: You represent and warrant that:
You own or have obtained all necessary permissions, licenses, and rights to use and authorize us to print all User Content you upload.
Your User Content does not infringe upon any third party’s intellectual property, privacy, publicity, or trademark rights.
3. Prohibited Content & Usage Rules
Make & Moment maintains strict guidelines regarding acceptable content. We reserve the right, but are not obligated, to review and reject any order or delete any User Content that violates these guidelines.
You agree not to upload, create, or request printing for content that:
Contains unlawful, harassing, libelous, abusive, threatening, harmful, or defamatory material.
Promotes hate speech, violence, discrimination, or illegal acts against individuals or groups.
Infringes upon copyrights, trademarks, patents, trade secrets, or rights of publicity held by others (e.g., unauthorized movie characters, corporate logos, or copyrighted photography).
Contains explicit, obscene, or pornographic material.
Contains malware, viruses, corrupted files, or code intended to disrupt or damage software or hardware infrastructure.
4. Orders, Pricing, & Payment Terms
Order Acceptance: Placing an order constitutes an offer to purchase. All orders are subject to acceptance and availability. We reserve the right to decline or cancel any order at our discretion (e.g., in cases of pricing errors or content rule violations).
Custom Nature of Orders: Because every product is custom-made to your specifications, orders enter production quickly. Once an order enters manufacturing, cancellations or alterations may not be possible.
Pricing & Currency: Prices, shipping fees, and taxes are displayed during checkout. All transactions are billed in USD (or local equivalent) and are subject to real-time payment processing.
Taxes & Customs: You are responsible for applicable sales taxes, VAT, duties, or customs fees associated with your order and shipping location.
5. Intellectual Property of Make & Moment
Platform Assets: All software, design templates, site architecture, branding, graphics, icons, text, and user interfaces provided on the platform are the exclusive property of Make & Moment or its licensors.
Restricted Use: You may not copy, modify, decompile, reverse engineer, distribute, or create derivative works from any part of our platform or software tools without express written consent.
6. Disclaimers & Limitation of Liability
"As-Is" Provision: The Services and products are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Manufacturing & Monitor Color Differences: Minor variations in color tone between digital screen previews and physical prints are inherent to custom manufacturing and are not considered defects.
Limitation of Damages: To the maximum extent permitted by applicable law, Make & Moment and its directors, officers, employees, or partners shall not be liable for any indirect, incidental, punitive, consequential, or special damages arising out of or related to your use of the Services.
Total Liability Cap: In no event shall our total liability for any claims related to your use of the Services exceed the total amount paid by you to Make & Moment in the six (6) months prior to the event giving rise to the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless Make & Moment, its affiliates, service providers, officers, and employees from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
Your breach of these Terms.
Your User Content, including any claims of copyright, trademark, or privacy infringement.
Your violation of any third-party rights or applicable laws.
8. Termination & Service Suspension
We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without prior notice, if we believe you have violated these Terms, engaged in fraudulent activity, or uploaded prohibited content.
9. Governing Law & Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Make & Moment operates, without regard to its conflict of law principles.
Dispute Resolution: In the event of any controversy or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through informal good-faith negotiation by contacting support@makeandmoment.com.
10. Modifications to Terms
We reserve the right to update or modify these Terms at any time. When updates occur, we will revise the "Effective Date" at the top of this document. Continued use of the Services after any changes indicates your acceptance of the revised Terms.
11. How to Contact Us
If you have any questions or concerns regarding these Terms of Service, please reach out to us at:
Make & Moment
Legal & Customer Support Team
Website: makeandmoment.com
Email: support@makeandmoment.com