TERMS OF SERVICE
Welcome to ZenMem. ZenMem (the “Service”) is an online personalization service designed and offered by Zenmanity Inc. through the url, zenmem.com (the “Site”). ZenMem is owned and operated by Zenmanity Inc., a Massachusetts corporation (“we,” or “us”). These Terms of Service (the “Terms”) are intended to explain our obligations as a service provider and your obligations as a user (you). IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
What These Terms Cover
These Terms govern your use of the Site and the Service. You understand that by using the Site and the Service, you have agreed to the terms and conditions of these Terms and you agree to use the Site and the Service solely as provided in these Terms.
Intellectual Property Rights of Zenmem.com and Third Parties
We are committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear on the zenmem.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Zenmanity Inc.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact the site’s support or Zenmanity Inc. and verify the legality of reselling such products prior to doing so. Designs personalized using the text tools and images available through the site are in no way the exclusive property of the customers who personalize such designs. We retain the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, we have the sole discretion to reject any order that we considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability, or national origin, containing explicit sexual content, or that is otherwise inappropriate for ZenMem production.
You agree to not use the Site’s Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
Anti-Sweat Shop Policy
We support high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. We rely upon referrals, reputation, and, in some cases, personal inspections to identify such vendors.
We accept online or telephone payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted.
ZenMem orders are generally delivered within three (3) to six (6) weeks.
We go to great lengths to ensure that all Orders are filled accurately and on time and are of the highest quality. Accordingly, we accept Returns when products are damaged in delivery. In that event, we will replace product with a new item upon the return of damaged product. Before your order is finalized and shipped, ZenMem will send you an e-mail with a digital proof of your personalized product. Then you’ll have to approve your proof, so ZenMem can apply your personalization requests to your items.
We send order into production quickly so we can meet your guaranteed delivery date. If for any reason you need to change your order, please contact us within twenty-four (24) hours of approving digital proof.
Limit of Responsibility
We will be responsible for acting only on those instructions sent to the site that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. We are not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. We are not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links, or other items, are provided “as is”, “as available”. We do not warrant the accuracy, adequacy, or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, or freedom from computer virus, is given in conjunction with the information and materials.
In no event will we be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure, even if we, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.
Intellectual Property Claims
We respect the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the Site or the Service, please provide written notice to the following agent for notice of claims of infringement:
800 Turnpike St
North Andover, MA 01845
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold us and our affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Site and the Service, your violation of this Agreement, or your violation of any rights of another.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and Zenmanity Inc. regarding your use of the Site and the Services, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Zenmanity Inc. regarding your use of them.
If you have any questions regarding these Terms or your use of the Services, please contact us here:
800 Turnpike St
North Andover, MA 01845
Last Updated: June 9, 2017