TERMS OF SERVICE

Effective Date: August 31, 2026

OVERVIEW

Welcome to Flashback Memory Magnets.

These Terms of Service (“Terms”) govern your access to and use of the Flashback Memory Magnets website, online store, products, features, tools, and related services (collectively, the “Services”).

The terms “Flashback Memory Magnets,” “Flashback,” “we,” “us,” and “our” refer to Flashback Memory Magnets LLC.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

By visiting, interacting with, or using our Services, including placing an order, 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 INFORMATION

By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or otherwise have the legal authority necessary to use the Services.

You agree to provide current, complete, and accurate information when placing an order or creating an account, including your contact, billing, payment, and shipping information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

SECTION 2 - OUR PRODUCTS

Flashback Memory Magnets creates personalized photo magnets and may offer additional personalized products, event services, promotional products, and related merchandise.

We make reasonable efforts to accurately display our products. However, colors, image appearance, dimensions, cropping, and other visual characteristics may appear differently depending on your device, screen settings, submitted photograph, and the manufacturing process.

Product descriptions, pricing, specifications, availability, and offerings may be changed or discontinued without prior notice.

SECTION 3 - ORDERS

When you place an order, you are offering to purchase the selected products or Services.

An order is subject to acceptance by Flashback Memory Magnets. Payment must be successfully authorized before an order can be processed.

We reserve the right to refuse, limit, or cancel an order for legitimate business reasons, including payment problems, suspected fraud, incorrect pricing, unavailable materials, production limitations, prohibited content, or technical errors.

If we cancel a paid order before production begins, we will issue an appropriate refund.

Please review your order carefully before submitting it, particularly the selected product, quantity, submitted photographs, personalization information, billing information, and shipping address.

SECTION 4 - CUSTOM PRODUCTS AND CUSTOMER-SUBMITTED CONTENT

Flashback Memory Magnets creates personalized products using photographs, images, text, logos, artwork, and other materials submitted by customers (“Customer Content”).

By uploading, transmitting, emailing, or otherwise providing Customer Content to us, you represent and warrant that you own the content or have all rights, permissions, licenses, and consents necessary to use the content and authorize its reproduction.

You agree not to submit Customer Content that infringes or violates another person's copyright, trademark, privacy, publicity, intellectual property, or other legal rights.

You retain ownership of your Customer Content.

By submitting Customer Content, you grant Flashback Memory Magnets a limited license to access, reproduce, crop, resize, reposition, format, modify, print, manufacture, and otherwise process that content solely as reasonably necessary to create, fulfill, support, or resolve issues relating to your order.

Submitting a photograph or other content to Flashback does not transfer ownership of that content to us.

SECTION 5 - PHOTO QUALITY, CROPPING AND PRODUCTION

The quality of a personalized product depends in part upon the quality and composition of the photograph or image submitted by the customer.

Low-resolution, blurry, dark, improperly composed, excessively cropped, or otherwise unsuitable images may result in reduced print quality.

Photographs may need to be cropped, resized, re-positioned, or otherwise adjusted to fit the dimensions and shape of the selected product.

By submitting an order, you authorize Flashback Memory Magnets to make reasonable production adjustments necessary to manufacture the personalized product.

Whenever reasonably possible, we may contact you if we identify an obvious problem with a submitted image. However, we cannot guarantee that every potential image-quality or composition issue will be identified before production.

Customers remain responsible for selecting appropriate photographs and reviewing submitted content.

SECTION 6 - PROHIBITED CUSTOMER CONTENT

We reserve the right to refuse or cancel an order containing Customer Content that we reasonably believe:

• Violates applicable law;

• Infringes another person's intellectual property or other legal rights;

• Is fraudulent or deceptive;

• Is threatening, harassing, hateful, or unlawfully discriminatory;

• Is obscene, sexually exploitative, or otherwise unlawful;

• Exploits or endangers minors; or

• Cannot legally or reasonably be produced by Flashback Memory Magnets.

Our acceptance of an uploaded image does not constitute a determination that the customer owns or has permission to use that image.

SECTION 7 - PERSONALIZED PRODUCTS, CANCELLATIONS AND RETURNS

Because personalized products are manufactured specifically for individual customers and generally cannot be resold, custom products are considered final sale once production has begun, except where otherwise required by law or provided in our Refund & Return Policy.

If you need to cancel or change an order, contact us as soon as possible.

We will make reasonable efforts to accommodate requests made before production begins. Once production has started, personalized orders generally cannot be canceled or materially changed.

Damaged, defective, incorrectly produced, or otherwise qualifying orders will be handled according to our Refund & Return Policy.

SECTION 8 - PRICES, TAXES AND BILLING

Prices, discounts, and promotions may change without notice.

The price charged will generally be the price displayed when the order is placed.

Applicable taxes, shipping charges, and other disclosed fees may be added during checkout.

You agree to provide accurate payment information and represent that you are authorized to use the payment method provided.

SECTION 9 - SHIPPING AND DELIVERY

Production and delivery times displayed by Flashback Memory Magnets are estimates unless expressly guaranteed.

We will make reasonable efforts to manufacture and ship orders promptly.

Flashback Memory Magnets is not responsible for delays caused by shipping carriers, weather, natural disasters, incorrect customer-provided addresses, customs processing, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete delivery address.

If an order arrives damaged, please follow the procedure provided in our Refund & Return Policy.

SECTION 10 - INTELLECTUAL PROPERTY

Except for Customer Content and third-party materials, the Flashback Memory Magnets website, business name, logos, branding, written content, graphics, product photography, designs, videos, marketing materials, and other materials created by Flashback Memory Magnets are owned by Flashback Memory Magnets LLC or used with permission.

You may not reproduce, distribute, modify, sell, publish, or commercially exploit our intellectual property without prior permission.

Nothing in these Terms transfers ownership of Flashback Memory Magnets intellectual property to you.

SECTION 11 - THIRD-PARTY TOOLS AND SERVICES

Our Services may use third-party providers, including Shopify, payment processors, photo-upload platforms, shipping carriers, social-media platforms, and other technology or service providers.

Third-party services may be subject to their own terms and privacy policies.

We are not responsible for the independent operation, availability, policies, or conduct of third-party services except to the extent required by applicable law.

SECTION 12 - RELATIONSHIP WITH SHOPIFY

Flashback Memory Magnets is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Flashback Memory Magnets.

Shopify is not the seller of Flashback Memory Magnets products and is not responsible for the manufacture, fulfillment, quality, delivery, or performance of products purchased from Flashback Memory Magnets.

To the extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for claims, damages, or liabilities arising from products sold directly by Flashback Memory Magnets.

SECTION 13 - PRIVACY

Our collection and use of personal information are governed by our Privacy Policy.

Because our store is hosted through Shopify and may use other service providers, certain information may be processed by Shopify and other providers as necessary to operate the store, process transactions, fulfill orders, prevent fraud, and provide related Services.

Please review our Privacy Policy for additional information.

SECTION 14 - FEEDBACK, REVIEWS AND SUBMISSIONS

If you voluntarily submit a review, testimonial, suggestion, comment, or other feedback regarding Flashback Memory Magnets, you grant us permission to use that feedback for legitimate business and promotional purposes to the extent permitted by law.

This provision does not give Flashback ownership of photographs submitted solely for the purpose of producing a customer's personalized order.

We will not treat a customer's private order photograph as a testimonial or marketing photograph merely because it was submitted for product fulfillment.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions involving product descriptions, pricing, promotions, shipping charges, production times, availability, or other information.

We reserve the right to correct errors, update information, or cancel affected orders when reasonably necessary.

If a paid order is canceled because of our error, an appropriate refund will be issued.

SECTION 16 - PROHIBITED USES

You may use our Services only for lawful purposes.

You may not use the Services to:

• Violate applicable law;

• Infringe intellectual property or other legal rights;

• Transmit malicious software;

• Commit or facilitate fraud;

• Harass, threaten, or unlawfully harm another person;

• Attempt to interfere with the security or operation of the website;

• Collect personal information unlawfully; or

• Otherwise misuse the Services.

We reserve the right to restrict or terminate access when reasonably necessary to protect Flashback Memory Magnets, our customers, Shopify, or other parties.

SECTION 17 - WEBSITE AVAILABILITY

We do not guarantee uninterrupted or error-free operation of our website, online ordering systems, photo-upload tools, or other digital Services.

We may modify, suspend, update, or discontinue portions of the Services when reasonably necessary.

SECTION 18 - DISCLAIMER OF WARRANTIES

Except as expressly stated by Flashback Memory Magnets or required by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that website operation will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms eliminates warranties, consumer protections, or other rights that cannot lawfully be waived.

SECTION 19 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Flashback Memory Magnets LLC and its owners, officers, employees, agents, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the Services or products purchased through the Services.

To the fullest extent permitted by law, Flashback Memory Magnets' aggregate liability arising from a particular order will not exceed the amount paid to Flashback Memory Magnets for that order.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

SECTION 20 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Flashback Memory Magnets LLC harmless from third-party claims, damages, liabilities, and reasonable expenses arising from:

• Your material violation of these Terms;

• Your violation of applicable law;

• Your violation of another person's rights; or

• Customer Content you submit that infringes another person's copyright, trademark, privacy, publicity, intellectual property, or other legal rights.

SECTION 21 - TERMINATION

We may restrict or terminate access to the Services when reasonably necessary due to violation of these Terms, fraud, unlawful conduct, abuse, security concerns, or other legitimate business reasons.

Provisions that by their nature should survive termination will remain effective.

SECTION 22 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain effective.

SECTION 23 - WAIVER AND ENTIRE AGREEMENT

Failure to enforce a provision of these Terms does not constitute a waiver of that provision.

These Terms, together with our Refund & Return Policy, Privacy Policy, Shipping Policy, and other applicable policies posted on our website, constitute the agreement governing use of our Services and purchases through our online store.

SECTION 24 - GOVERNING LAW

These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law principles.

Nothing in these Terms eliminates any mandatory consumer rights or protections provided by applicable law.

SECTION 25 - CHANGES TO THESE TERMS

We may update these Terms periodically.

The current version will be posted on our website. Material changes will be handled in accordance with applicable law.

The Terms in effect at the time an order is placed will generally govern that transaction.

SECTION 26 - CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Flashback Memory Magnets LLC.
contact@flashbackmemorymagnets.com