Terms Of Service

Mark Their Moment Terms of Service

MarkTheirMoment.com

Effective Date: July 26, 2026

Hug Millionaire LLC owns and operates MarkTheirMoment.com under the Mark Their Moment brand (the “Website”). These Terms of Service (“Terms”) are a legal agreement between you and Hug Millionaire LLC (“Company,” “we,” “us,” or “our”) governing your access to and use of the Website and any related pages, features, checkout flows, public Moment pages, Moment Walls, emails, share cards, downloadable images, and services we provide (collectively, the “Service”). As used herein, “you,” “your,” and “yours” refer to the user, visitor, customer, or registered user using the Website. The Privacy Policy available at https://marktheirmoment.com/privacy-policy governs how personal information submitted through the Service is handled and, together with these Terms, forms the agreement between you and us (the “Agreement”). Nothing in this Agreement confers any third-party rights or benefits.

This Agreement contains disclaimer and other provisions that limit our liability to you. By accessing, browsing, using, and/or downloading the pages in this Website or making a purchase through the Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website. Hug Millionaire LLC reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such alterations, updates or modifications (“Modifications”). Such Modifications will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail.

Your use of this Website following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified. This Agreement applies to all users of the Website. By using the Service, creating or purchasing a Moment, submitting content, uploading an image, linking a social profile, sharing a Moment page, texting, downloading, or otherwise interacting with the Service, you represent that you meet the eligibility requirements in these Terms and have the legal authority and permission necessary to use the Service and submit the information you provide.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms of service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By visiting the Service, creating or purchasing a Moment, uploading content, submitting a message, linking a social profile, sharing a Moment page, texting, downloading, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of service of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

What MarkTheirMoment.com Is

MarkTheirMoment.com is a public digital recognition, celebration, and dedication platform. Users can purchase and create personalized, shareable online pages (each, a “Moment”) for people, pets, causes, communities, organizations, businesses, or other meaningful recipients or milestones. A Moment may include a recipient or subject name, dedicator name, dedication message, uploaded image, Moment tier, social profile link or handle, shareable URL, downloadable share image, and related details. Moments are intended to express appreciation, love, support, gratitude, remembrance, encouragement, celebration, or recognition.

GRANT AND RESTRICTIONS ON USE

All information, including, without limitation, all design, text, graphics, photographs, video clips, drawings, advertisements, sounds and music, and all service marks, trade-marks and trade names and the selection and arrangements thereof collectively (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Hug Millionaire LLC. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit, or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Hug Millionaire LLC.

Eligibility

You must be at least the age of majority in your state or jurisdiction of residence to make a purchase through the Service or submit a Moment. If you use the Service on behalf of another person, organization, company, cause, or minor, you represent that you have the authority and permission to do so. The Service is not directed to children under 13. Children under 13 may not make a purchase, create an account, submit a Moment, upload content, link a social profile, or otherwise submit personal information through the Service. A Moment involving a minor may be submitted only by the minor’s parent or legal guardian, or by someone with appropriate permission and legal authority. Do not submit private, sensitive, or unsafe information about minors, including home addresses, school locations, exact locations, private phone numbers, government IDs, medical information, or other sensitive information. We may remove any content involving minors if we believe it creates privacy, safety, legal, or reputational concerns.

ACCOUNT, PURCHASES AND CANCELLATION

Purchases and Digital Moments

When you purchase a Moment, you are purchasing a digital service: the opportunity to submit a Moment for review and, if approved, publication or display through the Service. A purchase may include one or more of the following, depending on the product selected:

A public Moment page.
Placement or visibility on a public Moment Wall or listing.
A recipient name or display name.
A dedicator name or display name.
A dedication message.
An uploaded image or photo.
A social profile link or handle for the recipient and dedicator.
A Moment tier, visual-marker color, badge, label, or style, including Classic, Featured, or Gold where offered.
A shareable URL, link, image, or photo.
Share tools such as Copy Link, Text This Moment, Share, Download Image, or Copy Caption.
Related email notifications or approval messages.

You understand that the exact layout, design, ranking, visual treatment, placement, labeling, sharing tools, and available features may change over time.

No Guarantee of Views, Traffic, Virality, Placement, or Recipient Response

We do not guarantee that any Moment will receive a specific number of views, clicks, shares, likes, messages, comments, purchases, replies, social media engagement, press attention, search engine visibility, or other outcome. The Service is a digital dedication and sharing product, not a guaranteed communication, advertising, influencer, fundraising, or performance-marketing service.

Display Period for Approved Moments

Unless otherwise stated at checkout or in a product-specific offer, an approved Moment will receive a minimum active display period of ten (10) years from the date the Moment is first published through the Service.

During the active display period, we will use commercially reasonable efforts to keep the approved Moment available through a public Moment page, Moment Wall, archive, listing, or similar display area of the Service. However, we do not guarantee any specific layout, ranking, placement, visual treatment, page design, homepage position, search visibility, number of views, clicks, shares, likes, messages, comments, recipient responses, social media engagement, or other outcome.

We also do not guarantee that a recipient will see, accept, approve, respond to, share, or appreciate a Moment.

The display period is subject to these Terms, including our rights to review, reject, edit, hide, remove, or refuse content; comply with legal obligations; respond to safety, privacy, intellectual property, abuse, or security concerns; address broken, misleading, unsafe, malicious, adult-oriented, unlawful, or inappropriate links; modify, redesign, suspend, or discontinue features of the Service; and remove content when required or permitted by law.

Third-party social media profiles, links, platforms, embeds, and websites are outside our control. We do not guarantee that any third-party link, social profile, handle, embedded content, or external page will remain available, accurate, appropriate, public, or unchanged during the display period.

After the applicable display period ends, we may continue displaying, archive, limit, remove, or offer renewal or extension options for the Moment at our discretion, unless otherwise required by applicable law.

Content You Submit

You are responsible for all content you submit, upload, enter, link, or provide through the Service, including recipient names, dedicator names, messages, images, photos, captions, social handles, social profile links, URLs, emails, phone numbers, addresses, and any other information you provide for a Moment ("User Content"). By submitting User Content, you represent and warrant that:

You have the right to submit, upload, display, and share the User Content.
Your User Content does not infringe copyright, trademark, privacy rights, publicity rights, or any other rights of another person or entity.
Your User Content is accurate to the best of your knowledge and is not intentionally misleading.
You have permission to submit and publicly display another person’s name, image, likeness, social profile link, email, or personal information when permission is legally required.
Your User Content does not violate these Terms, our content rules, or applicable law.

You are responsible for the content you submit, including images, photos, messages, captions, social media handles, social profile links, URLs, and other information you provide for a Moment. You must ensure that your submitted content is appropriate, authorized, lawful, and not offensive, pornographic, infringing, misleading, unsafe, abusive, or otherwise in violation of these Terms.

If submitted content, including a linked social media profile or external URL, later becomes inappropriate, unsafe, unlawful, adult-oriented, misleading, broken, malicious, infringing, or otherwise unsuitable for the Service, we may remove, hide, disable, or change the link or Moment, and your purchase may not be refunded where permitted by law.

Public Nature of Moments

Moments are designed to be public and shareable unless we expressly provide a private setting. Public Moment pages may be viewable by anyone with the link, visible on a public Moment Wall, shared by visitors, indexed by search engines, screenshotted, downloaded, copied, reposted, or discussed outside the Service.

Do not submit anything you or the recipient would not want displayed publicly.

If you submit another person’s name, photo, likeness, message, email, social profile, or other personal information, you are responsible for making sure you have the appropriate permission to do so.

Content Review and Moderation

We may review, approve, reject, edit for formatting, hide, remove, or refuse to publish any User Content or Moment at our discretion. We may do this before publication or after publication. We may reject or remove content that we believe is inappropriate, unsafe, unlawful, misleading, abusive, exploitative, offensive, infringing, spammy, low quality, harmful to a person’s privacy or safety, inconsistent with the spirit of the Service, or otherwise not suitable for MarkTheirMoment.com. We may also remove or edit links that are broken, misleading, unsafe, malicious, adult-oriented, unlawful, or no longer appropriate.

Account

To purchase, you can either check out as a guest or set up an account on the Website ("Account"). When creating an Account, you provide information such as your name, email address, and a password. Payment and billing information may be collected at checkout when you make a purchase. Payments are processed by third-party payment processors, and we do not intend to store full credit card numbers on our own systems. Only one (1) Account is permitted per email address. Some features may allow checkout as a guest, while others may require an account. You agree to provide accurate, complete, and current information when placing an order, creating an account, or contacting us. You are responsible for maintaining the confidentiality of your login information and for all activity under your account. Notify us promptly if you believe your account or order has been accessed without permission.

The information provided must be accurate and complete. Your account is created once you complete registration; you do not need to make a purchase to have an account. You may never use another’s Account without permission. By creating an Account, you represent and warrant that all the information you provide is true and that you will keep it up to date. You are solely responsible for any use or misuse of your Account and must keep your Account password confidential and secure and must notify us immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for losses suffered by Hug Millionaire LLC or others due to such unauthorized use.

License You Give Us

You keep whatever ownership rights you may have in your User Content. However, by submitting User Content to the Service, you grant Hug Millionaire LLC a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, modify for formatting, create derivative works for sharing or promotional formats, transmit, make available, and otherwise use the User Content in connection with operating, improving, marketing, displaying, sharing, and promoting the Service. This license allows us to create a public Moment page, crop or resize an uploaded image, generate a share card, display a message on a Moment page, include the Moment on a public Moment Wall, include the Moment in email notifications, and display examples of Moments in marketing, product demonstrations, or social media. If you delete or request removal of a Moment, we may remove it from active public display, but copies may remain in backups, logs, cached pages, screenshots, social shares, search engines, recipient messages, email records, or other places outside our control.

Returns, Refunds, Cancellations and Corrections

Moments are personalized digital products and services. Unless otherwise stated at checkout, all sales are final once an order is submitted.

However, we may offer a correction, replacement, credit, or refund at our discretion if:

We are unable to publish your Moment due to a technical issue caused by us.
You were charged incorrectly.
We cancel the order for reasons unrelated to your violation of these Terms of Service.
Applicable law requires a refund.

We generally do not provide refunds if:

You change your mind after purchase.
You entered incorrect information.
You submitted content that violates these Terms of Service.
The recipient does not respond, like, approve, or share the Moment.
The Moment does not receive the views, clicks, traffic, shares, or attention you expected.
A third-party social link changes, breaks, becomes unavailable, or displays content we consider inappropriate.

If your submission is rejected because it violates these Terms, we may, at our discretion, allow you to revise and resubmit the content. If you do not provide acceptable revised content, we may cancel the Moment without a refund where permitted by law.

Refund Processing

If we approve a refund, the refund will generally be issued to the original payment method used for the purchase. Refund timing may vary depending on the payment processor, card network, bank, or financial institution.

If a refund has been approved but you have not received it after a reasonable processing period, please first check with your bank or credit card provider, as posting times may vary. If you still need help, contact us at support@marktheirmoment.com and include your order number, the email address used for the purchase, and a brief description of the issue.

Because we provide personalized digital Moments, we do not offer physical returns or exchanges. Where appropriate, we may offer a correction, replacement, credit, or refund as described in this section.

Display-Period Remedies

If an approved Moment becomes unavailable during its active display period due solely to a technical issue caused by us, and we are unable to restore the Moment or provide a reasonably similar replacement display, we may offer a correction, replacement, credit, prorated refund, or other reasonable remedy, unless applicable law requires a different remedy. This does not apply to removals, limitations, or changes caused by your violation of these Terms, User Content issues, third-party platform or social-link changes, legal or safety concerns, intellectual-property complaints, privacy requests, abuse reports, payment disputes, chargebacks, events outside our reasonable control, the suspension or discontinuation of the Service in whole or in part as permitted by these Terms, or changes to layout, ranking, placement, design, features, or display format that are permitted under these Terms.

Pricing, Availability, and Product Changes

Prices, Moment tiers, counts, labels, features, designs, availability, and promotional offers may change at any time without notice. We may limit quantities, discontinue a product, change or rename a Moment tier, change page designs, add or remove share tools, or change how Moments appear on the Service. Where permitted by law, we may limit, refuse, cancel, or restrict orders, products, tiers, features, promotions, or availability for any person, order, geographic region, or jurisdiction, and any offer made through the Service is void where prohibited. The price and Moment tier shown when you complete your purchase apply to that purchase. Price changes, new or revised limits, or discontinued tiers do not apply retroactively to Moments already purchased. We may refuse, cancel, or limit orders that appear fraudulent, abusive, automated, duplicative, technically problematic, or inconsistent with the purpose of the Service. We will not be liable for changes to prices, tiers, features, availability, product names, designs, share tools, placement, suspension, or discontinuance of any part of the Service, except where liability cannot be excluded under applicable law.

Campus Offer

Customers who use an eligible .edu email as their checkout email may receive 50% off one Classic or Featured Moment per order. Gold Moments are excluded, and the offer cannot be combined with other promotions. We may reject or cancel transactions involving suspected misuse. Offer eligibility, availability, and terms may change or end at any time where permitted by law.

PROHIBITED USES

You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card (except to make a Purchase), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”).

You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, images, social media profiles, social media profile links, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Website in such a way that damages the image or rights of Hug Millionaire LLC, other users or third parties; (ix) using any robot, AI agents, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You may not use the Service to submit, upload, display, link to, promote, or share content that:

Is illegal, fraudulent, deceptive, or misleading.
Harasses, threatens, humiliates, bullies, doxxes, intimidates, or abuses any person, entity.
Is defamatory, hateful, discriminatory, or demeaning.
Contains nudity, sexually explicit content, pornography, sexual solicitation, or sexualized content involving minors.
Exploits, endangers, or invades the privacy of minors.
Shows graphic violence, self-harm encouragement, threats, or instructions for wrongdoing.
Infringes copyright, trademark, privacy, publicity, or other rights.
Impersonates another person or falsely suggests endorsement, sponsorship, affiliation, or consent.
Reveals private information such as home addresses, phone numbers, government IDs, financial details, medical details, school locations of minors, passwords, or other sensitive information.
Includes malicious code, viruses, phishing links, scams, spam, or deceptive redirects.
Promotes unlawful products, regulated goods, or services in violation of applicable law.
Is primarily designed to manipulate, scrape, overload, attack, reverse engineer, or interfere with the Service.

We reserve the right to determine what violates these rules.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Social Profile Links and Third-Party Sites

The Service may allow users to add links to third-party social media profiles or websites, such as Instagram, TikTok, YouTube, Facebook, LinkedIn, X/Twitter, or other platforms. We do not own, control, endorse, verify, monitor, or take responsibility for third-party sites, social profiles, content, policies, availability, or safety. When you click a third-party link, you leave our Service and are subject to the third party’s own terms and privacy practices. You are responsible for ensuring that any social profile or link you submit is accurate, appropriate, and authorized.

Images, Cropping, and Display

If you upload an image, you understand that the image may be cropped, resized, compressed, converted, framed, stylized, or otherwise adjusted so that it fits the design of the Moment page, Moment Wall, share card, email, or downloadable share image. We do not guarantee that colors, image quality, crop position, aspect ratio, or display size will match your device preview exactly. You are responsible for reviewing your submission before purchase or publication when review is available.

Edits, Corrections, and Removal Requests

If you need to correct a spelling error, update a link, remove a Moment, or report a concern, contact us at support@marktheirmoment.com or through the contact method provided on the Service. We may, but are not required to, make changes after submission or publication. Some changes may not be possible once a Moment is published, shared, downloaded, emailed, indexed, or cached. We may require verification before making changes to a Moment, especially if the request involves removing another person’s content, changing a recipient name, changing a dedicator name, or removing a photo.

ACCESS AND ACCOUNT TERMINATION

Hug Millionaire LLC reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.

Access To Site And Service Availability

While Hug Millionaire LLC endeavors to ensure that this Website is available at all times, Hug Millionaire LLC will not be liable if, for any reason, this Website is unavailable at any time or for any period. We may modify, suspend, discontinue, test, redesign, or limit the Service at any time. We do not guarantee that the Service will always be available, secure, uninterrupted, error-free, or that content will never be lost or delayed. We may operate related domains, subdomains, or supporting pages in connection with the Service. Events Outside Our Control: We will not be responsible for any delay, interruption, failure, loss, or inability to perform any obligation under these Terms, including any display-period obligation, if caused by events outside our reasonable control. These events may include hosting-provider failures, payment-processor failures, third-party platform changes, domain or DNS issues, cyberattacks, security incidents, data loss despite reasonable safeguards, internet or utility outages, natural disasters, labor disruptions, governmental actions, legal or regulatory changes, court orders, war, terrorism, public emergencies, or other events beyond our reasonable control.

DISCLAIMER

THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUG MILLIONAIRE LLC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Hug Millionaire LLC DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR-FREE.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The Service is provided "as is" and "as available." To the maximum extent permitted by law, Hug Millionaire LLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, security, and error-free operation. We do not guarantee that the Service will meet your expectations or that any Moment will achieve any particular emotional, social, financial, promotional, or reputational outcome.

To the maximum extent permitted by law, Hug Millionaire LLC and its owners, members, managers, employees, contractors, service providers, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, emotional distress, reputational harm, loss of followers, loss of opportunities, or loss of expected attention, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim relating to the Service or a purchase will not exceed the amount you paid to us for the specific Moment giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. This limitation applies to claims arising from or related to unauthorized access to or alteration of User Content, submissions, account information, order information, or other data; statements, conduct, or content of other users or third parties; malicious code, viruses, security incidents, or third-party links; and any interruption, suspension, or inability to use the Service, except where liability cannot be limited under applicable law.

Payments

Payments may be processed by third-party payment processors or commerce platforms. We do not control every aspect of those providers’ payment systems, terms, privacy practices, fraud checks, declines, chargebacks, or processing timelines. You agree to pay all charges displayed at checkout, including applicable taxes, fees, and any other charges shown before purchase.

Intellectual Property

The Service, including the Mark Their Moment name and mark, MarkTheirMoment.com domain, design, layout, Moment Wall concept as expressed on the Website, logos, graphics, text, software, code, pages, templates, user interface, and other materials we provide, is owned by or licensed to Hug Millionaire LLC and is protected by intellectual property and other laws. Except as allowed by these Terms, you may not copy, reproduce, modify, distribute, sell, scrape, frame, reverse engineer, or exploit any part of the Service without our written permission.

COPYRIGHT COMPLAINTS (DMCA)

We respect the intellectual property rights of others and expect users to do the same. If you believe content on the Service infringes your copyright, send a written notice to us at support@marktheirmoment.com (subject line: "DMCA Notice”), including: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material on the Service; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature. We may remove or disable access to allegedly infringing content and may, in appropriate circumstances, terminate the accounts of repeat infringers.

DISPUTE RESOLUTION AND GOVERNING LAW

Informal Resolution First. Before filing any claim, you agree to first contact us at support@marktheirmoment.com and attempt to resolve the dispute informally. Please include your name, your order number if applicable, the email address used for the purchase, and a clear description of the issue and the resolution you are seeking. You agree to give us at least thirty (30) days to try to resolve the issue informally before starting a formal proceeding. Small Claims. Either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies and remains in that court. Governing Law. These Terms of Service, and any dispute or claim arising out of or relating to them, the Website, the Service, or any purchase made through the Website, are governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict-of-law rules. Jurisdiction and Venue. Except for claims properly brought in small claims court, you agree that any dispute, claim, or cause of action arising out of or relating to these Terms, the Website, the Service, or any purchase made through the Website will be brought exclusively in the state or federal courts located in Santa Clara County, California, unless applicable law requires another forum. You consent to the personal jurisdiction of, and venue in, those courts.

WAIVER

The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

THIRD PARTY LINKS

The Website may contain links to third party websites that are not owned or controlled by Hug Millionaire LLC. Hug Millionaire LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Hug Millionaire LLC will not and cannot censor or edit the content of any third-party site.

By using the Website, you expressly relieve Hug Millionaire LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of service and privacy policy of each other website that you visit. Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites, their social media profiles that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

MISCELLANEOUS

If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment and billing information, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

If you send us ideas, suggestions, feedback, concepts, designs, feature requests, or other comments, you agree that we may use them without restriction or compensation to you.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You can review our Privacy Policy at https://marktheirmoment.com/privacy-policy

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hug Millionaire LLC and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, service providers, licensors, suppliers, and partners from and against any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to:

Your use of the Service.
Your User Content.
Your violation of these Terms of Service.
Your violation of another person’s rights.
Your violation of applicable law.
A dispute between you and a recipient, dedicator, organization, social profile owner, or other third party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Assignment: You may not assign or transfer these Terms, your account, your purchase, or any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, the Service, the Website, Moment records, public Moment pages, and related rights and obligations to an affiliate, successor, acquirer, or other party in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of operations, or similar transaction.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about these Terms should be sent to support@marktheirmoment.com.