DRAFT — Pending legal review. Not yet effective.

The short version: Your gift funds the printing of your page in the project's photobook. Gifts are non-refundable, including if the recipient doesn't accept the book. Any surplus is donated by Memory Booked to the charity selected by the Project Admin. Individual gifts are not tax-deductible.

Contents
  1. What Your Gift Funds
  2. Gifts Are Non-Refundable
  3. The Beneficiary's Role
  4. Surplus Funds and Charitable Disbursement
  5. Role of the Project Admin
  6. Content You Upload
  7. Transaction Fees
  8. Sales Tax
  9. Chargebacks
  10. Privacy
  11. Disclaimers and Limitation of Liability
  12. Changes to These Terms
  13. Contact Us

These Gift Terms ("Terms") govern your gift to a project on the Memory Booked platform ("Memory Booked," "we," "us," or "our"). By making a gift, you acknowledge and agree to these Terms. Please read them carefully — they describe how your gift is used, what is and is not refundable, and how any surplus funds are directed to charity. These Terms are part of, and incorporated into, the Memory Booked Terms of Use.

Section 1

What Your Gift Funds

Memory Booked is a for-profit service company that produces personalized commemorative photobooks. When you make a gift on Memory Booked, you are paying for printing services that result in your contributed page being included in a printed photobook for the project beneficiary (the "Beneficiary").

Your gift funds:

The price of each gift tier reflects the full cost of the service provided, including Memory Booked's operating margin. Memory Booked owns the funds upon receipt and recognizes them as service revenue.

Section 2

Gifts Are Non-Refundable

All gifts are FINAL and NON-REFUNDABLE. Once you complete a gift transaction, your funds cannot be returned to your payment method under any circumstances, except in the limited cases described in Section 2.1.

2.1 Limited Exceptions

We may, at our sole discretion, issue a refund for:

2.2 Non-Refundable Even If…

Without limiting the foregoing, gifts are NOT refundable if:

Section 3

The Beneficiary's Role

In most projects, the Beneficiary is unaware of the project until they receive the printed book — that is the nature of a surprise gift. The Beneficiary has no advance approval rights and no obligation to participate.

After receiving the book, the Beneficiary may:

Your gift is considered fulfilled once the book has been printed and made available for delivery, regardless of how the Beneficiary chooses to receive or use it. The Beneficiary's reaction or non-reaction does not affect the validity of your gift or any other contributor's gift.

Section 4

Surplus Funds and Charitable Disbursement

4.1 What Is "Surplus"

"Surplus" means project funds that remain after all print orders placed by the Project Admin during the disbursement window have been fulfilled. Surplus may arise when contributors gift more than the minimum required to print the book, or when the project receives more contributions than the Admin elects to spend on printed copies.

4.2 Charity Selection and Lock

At project setup, the Project Admin selects a charity from a list of verified 501(c)(3) tax-exempt organizations. This selection is displayed prominently in the gift modal before you make your gift. The selected charity is identified by name in the gift modal as the recipient of any surplus.

The charity selection LOCKS upon receipt of the first contribution to the project. After lock, the charity cannot be changed except in the limited circumstances described in Section 4.3.

4.3 Charity Ineligibility

If the selected charity loses its 501(c)(3) status, dissolves, or otherwise becomes ineligible to receive funds before disbursement, the Project Admin will be notified and required to select an alternate charity from the verified list. If the Project Admin does not respond within 14 days of notification, Memory Booked's designated default charity will receive the funds.

4.4 Disbursement Window

The Project Admin has 90 days from the date the project closes (the "Disbursement Window") to place print orders using remaining project funds. After the Disbursement Window expires, any remaining funds will be donated as described in Section 4.5.

The Project Admin may also trigger early disbursement at any time during the Disbursement Window by selecting the "Close Out Now" option, which immediately transfers remaining funds to the selected charity.

4.5 How the Disbursement Is Made

At the end of the Disbursement Window (or earlier upon Close Out Now), Memory Booked transfers all remaining project funds in a single transaction to the selected charity, processed through Every.org or another donation-processing partner. The donation is made BY MEMORY BOOKED, on behalf of the project community, with attribution similar to: "Memory Booked on behalf of the [Project Name] community."

4.6 No Individual Tax Deduction

Because gifts on Memory Booked are payments for printing services rather than charitable donations to a 501(c)(3), individual gifts are NOT tax-deductible. No tax receipt is issued to you, the Project Admin, or any other contributor. The disbursement to charity is made by Memory Booked, which is the donor of record for that transaction.

Consult your own tax advisor with any questions about the tax treatment of your gift.

4.7 No Distribution to Project Admin or Individuals

No project funds are ever distributed to the Project Admin, the Beneficiary, or any other individual. Funds may be used only for (a) producing books, prints, and related products for the project, or (b) charitable disbursement under this Section 4.

Section 5

Role of the Project Admin

The Project Admin is responsible for:

The Project Admin acts as a steward of project funds within the constraints of these Terms. The Project Admin does not own the funds, does not receive funds personally, and cannot direct the funds to any purpose other than those allowed under Section 4.

Section 6

Content You Upload

6.1 Your Rights and Responsibilities

When you upload photos, written content, or other material to a project, you affirm that:

Adjustments are limited to preparing and repairing the book. Every occasion on which a member of the Memory Booked team opens a project is recorded internally, and we will tell you what those records show on request. Our team cannot change account passwords or email addresses, place orders, or make payments while assisting.

6.2 Flag and Takedown

Any viewer of a project may report content they believe violates these Terms or applicable law. When content is reported:

Memory Booked reserves the right, but is not obligated, to override any Project Admin decision on flagged content if the content violates law, our Terms of Use, or our community standards.

6.3 Removal of Your Content

If your contribution is removed from a project under Section 6.2, your gift remains valid and applied to the project. The funds will continue to be used for project purposes (including potential charitable disbursement) under Section 4.

Section 7

Transaction Fees

For gifts at the minimum tier of $1.25, you will be required to cover the third-party payment processing fee (the "Transaction Fee"), as the percentage cost is otherwise prohibitive. For gifts of $5.00 or more, covering the Transaction Fee is optional but defaulted to enabled. The exact Transaction Fee will be displayed clearly to you before you complete your gift.

The Transaction Fee is a third-party fee paid to our payment processor (Stripe). It is not retained by Memory Booked.

Section 8

Sales Tax

Some jurisdictions require sales tax to be collected on printed photobooks and related products. Where applicable, sales tax is calculated based on the ship-to address of the printed book and is added to your gift amount at checkout. Sales tax (where applicable) will be displayed clearly before you complete your gift.

Section 9

Chargebacks

If you initiate a chargeback or payment dispute with your bank or card issuer for a gift you authorized and that was processed correctly, Memory Booked may, in addition to defending the dispute: (a) suspend or terminate your Memory Booked account, (b) bar you from future gifts, and (c) pursue recovery of associated fees and costs. Please contact us first if you believe there has been an error — most issues can be resolved without a chargeback.

Section 10

Privacy

Your use of Memory Booked is also governed by our Privacy Policy. Please note that contributing to a project may involve uploading photos of identifiable individuals (including the Beneficiary). By uploading such content, you take responsibility for ensuring you have the rights described in Section 6.1.

Section 11

Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMORY BOOKED PROVIDES THE PLATFORM AND THE GIFT EXPERIENCE "AS IS" AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMORY BOOKED DOES NOT WARRANT THAT THE BENEFICIARY WILL ACCEPT OR APPRECIATE THE BOOK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMORY BOOKED' TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR GIFT WILL NOT EXCEED THE AMOUNT OF THE GIFT (NET OF ANY TRANSACTION FEES YOU CHOSE TO COVER). MEMORY BOOKED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Section 12

Changes to These Terms

We may update these Terms from time to time. The version in effect at the time of your gift governs that gift. We will not retroactively apply changes to gifts you have already made. The current Effective Date is shown at the top of this document.

Section 13

Contact Us

Questions about these Terms or about a specific gift? Contact us: