MIMEO’S TERMS & CONDITIONS
- Effective Date.
This Agreement was last updated on March 28, 2022.
These Mimeo Terms & Conditions describes your obligation when accessing or using the Mimeo corporate website at www.mimeo.com. The business units within the Mimeo Family of companies maintain individual terms and conditions applicable to their websites. You can access the terms and conditions belonging to a company within the Mimeo Family by visiting that brand website.
- Acceptance of Terms.
Mimeo and its family of companies and its suppliers and designees agree to provide you with access to the sites, and related services (“Services”), on the website and associated domains www.mimeo.com collectively, the “Site”) and on Mimeo web and mobile applications, subject to your compliance with the terms and conditions set forth below (the “Agreement”). By using the Site you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.
- Changes in Terms & Conditions and the Site.
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. We may modify this Agreement from time to time, and will always post the most current version on our Site. 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.
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 13 years old to use a Mimeo Service.
You represent and warrant that you are at least 13 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for terminating any applicable Mimeo account.
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 protecting the confidentiality of your Login Credentials. You agree to notify Mimeo immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. Mimeo has 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 through your password does so with your consent and approval.
- User Conduct and Responsibilities.
You are responsible for the content you upload on the Site or print through Mimeo and you vouch to us that it’s okay to distribute as requested. We ask that you follow our rules, laws and regulations and don’t do anything illegal with the Services.
You are responsible for obtaining access to the Site, 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.
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 this Site.
- You are not a minor in the jurisdiction in which you reside.
- any materials you transmit through or otherwise post to the Site 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 when purchasing product or services on the Site 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 does not violate any local law or regulation, and you shall be responsible for any such violation(s).
- User Content.
When you upload content to Mimeo’s Site you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our Services. For example, when you upload a photo, you give us the right to save it and display it on your portal at your direction.
Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.
- Suspension, Termination.
To operate effectively and protect the security and integrity of Mimeo, we need to maintain control over what happens on our services.
If you violate any of the terms in this Agreement, Mimeo may suspend or terminate your use of the Site, or any Mimeo brand services.
- Making Purchases.
Customers may place orders on the Site using Mimeo’s user interface. Mimeo pricing on the Site is determined by each unique order.
- Shipping & Handling.
Mimeo sets its shipping and handling charges to cover our direct costs that include labor, freight, and packaging materials. These charges do not include any allocation of overhead costs such as facilities, sales expense, or the cost of general administration.
Mimeo receives preferential pricing from shipping partners due to our volume and location, and these prices are typically much lower than what such partners would offer at retail or to other corporate clients. These prices are the base rate upon which we calculate pricing to our clients. Handling fees cover the costs of packaging materials, shrink wrap, labels and the direct work to package and ship such materials.
All Shipping and Handling charges will be applied to each order as applicable.
Due to customs taxes that may be incurred during delivery to International locations, additional charges may apply to your order. Shipping delays may occur if local holidays are being observed.
- Void Where Prohibited.
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. Mimeo reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited.
- Site Content and Intellectual Property.
All content on the Site, 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 or its 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‘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 are: Copyright (c); 1998-2022 Mimeo.com, Inc. or its partners. All rights reserved. Mimeo.com and the Mimeo.com logo are trademarks of Mimeo. 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’s Print-On-Demand, printing, copying, duplication, digital content, collating, assembly, binding, storage, inventory, kitting, and delivery services, whether by estoppel, implication or otherwise.
You Must Comply With Data Protection, Security And Privacy Laws. You agree and warrant that you are solely responsible when using the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies.
- Disclaimer of Warranty; Limitation of Liability.
Mimeo works hard to make our Site great, but the services are provided as-is, without warranties. If something happens as a result of your use of our Site, Mimeo’s liability is capped.
THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY MIMEO OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE (THE “SOFTWARE”), ARE PROVIDED ON AN “AS IS” BASIS.
Mimeo does not guarantee the results of address verification. Mimeo does not guarantee the shipping cost for International Shipping.
UNDER NO CIRCUMSTANCES SHALL MIMEO OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MIMEO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL MIMEO’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (i) ARISING FROM ANY ORDER MADE THROUGH THE SITE EXCEED THE TOTAL PRICE OF SUCH ORDER, or if (ii) ARISING OUT OF OR RELATED TO THE PREMIUM SERVICES EXCEED THE AMOUNTS ACTUALLY PAID FOR PREMIUM SERVICES DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
If you do something illegal that gets Mimeo sued, you agree to cover us.
You agree to indemnify and hold Mimeo, its 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, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold Mimeo harmless from any claims and to reimburse Mimeo 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 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 to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless Mimeo from any resulting claims.
Who You Are Contracting With. The Mimeo party entering into the Agreement, the address to which you should direct notices under the Agreement, the law that will apply in any dispute or lawsuit arising out of or in connection with the Agreement, and unless Section “Arbitration” below applies to you, the courts that have jurisdiction over any such dispute or lawsuit, depend on where you are domiciled.
|If you are domiciled in:||The Mimeo entity entering into the Agreement is:||Notices to Mimeo should be addressed to:||Governing law is:||Unless Section “Arbitration” applies, courts with exclusive jurisdiction are:|
|United States of America, Canada or Mexico||Mimeo.com, Inc.||3350 Miac CoveMemphis, TN 38118, Attn: Mimeo Legal||Tennessee and controlling United States federal law||N/A.|
|UK, a country in Europe||Mimeo Limited||The Ermine Centre Hurricane Close Huntingdon, Cambridgeshire PE29 6XX, UK||England||London, England|
|Germany||Mimeo GmbH||Kurfürstendamm 201 10719 Berlin, Germany||Germany||Munich, Germany|
EU Online Dispute Resolution. If you are an EU Consumer, you can access the European Commission’s online dispute resolution platform. Please note that Mimeo Limited and/ or Mimeo GmbH are not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.
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, Severability, and Assignment of Terms. The failure of Mimeo 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. 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. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
Choice of Law and Forum.
US Users. 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 agree to submit to the exclusive jurisdiction of the courts located in Shelby County in the State of Tennessee.
EU Consumers. If you are an EU Consumer, you and Mimeo agree that any judicial proceeding arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) may only be brought in a court with jurisdiction in your place of habitual residence. If you are an EU Consumer and Mimeo wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
No Conflict. In the event there is a conflict or inconsistency between the terms and conditions of this Agreement and any terms and conditions belonging to a company within the Mimeo Family, the terms of the company brand will control to the extent of such conflict or inconsistency, solely with respect to the applicable service.
Arbitration. If you are domiciled in the U.S., and are not subject to any other dispute resolution provision in any master services agreement, between you are Mimeo, then, 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 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. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
Cancellation of an Order. You may cancel any order placed with Mimeo provided that Mimeo 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 prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that Mimeo has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact Mimeo 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 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.
Use of Promotional Codes. Mimeo 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 for general public use. By using a Mimeo promotional code, You represent and warrant that You have been authorized by Mimeo to utilize the promotional code. Mimeo 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.
Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. We reserve the right to modify our Site and services, without or without notice to you. For example, we reserve the right to charge a fee for any of our features at any time. 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. By continuing to use or access the Services 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 Services and cancel all Services.
Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.