Date of Last Revision: September 12, 2025
Interactive Memories, Inc., doing business as Mixbook (together with its corporate affiliates, “Mixbook,” “we,” “us,” “our”) provides an online platform and mobile application to permit Mixbook members to create photo products. When a school or other organization creates and submits a bulk order for yearbooks or other photo products via Mixbook (“Yearbooks”), it may offer the option for parents or others to pay for those Yearbooks directly with Mixbook using a guest checkout service under these Terms (the “Service”). By proceeding to order and/or pay for one or more Yearbooks or otherwise use the Service, you agree to these terms (the “Terms”). Mixbook reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time with or without notice. The version of these Terms in effect at the time of your use of the Service governs. If you do not agree to all of these Terms, do not use the Service or proceed with any payments using the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IN PARTICULAR, THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MIXBOOK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
The Service enables you to engage in one-time transactions to pay for a Yearbook without creating a Mixbook account or other ongoing relationship with Mixbook. You can make these one-time purchases using payment methods that Mixbook chooses to make available for such purchases.
To pay for a Yearbook or otherwise use the Service, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. Access to the Service is void where prohibited.
You will be required to give us a valid credit card number (Visa, Mastercard, American Express, or any other issuer then accepted by us) and associated payment information, including all of the following:
Mixbook does not accept cash, checks, or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Mixbook invoices the credit card for all amounts due and payable. By providing Mixbook with your credit card number and associated payment information, you agree that Mixbook is authorized to immediately invoice your account for all fees and charges due and payable to Mixbook as a result of your purchase of any products under these Terms. You agree to immediately notify Mixbook of any change in the credit card used for payment hereunder or in any associated information. Mixbook reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use, customs, or value-added taxes) at the rates in effect when the charges were incurred. Mixbook may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions where Mixbook deems such fees and charges are required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Mixbook has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order, and you shall comply with all laws and regulations of the destination country.
Mixbook will deliver all Yearbooks to the address designated by the representative of the school or other creator of the Yearbook(s) that you ordered (the “Organizer”), and distribution of all Yearbooks will be performed by the Organizer, not by Mixbook. Mixbook is not responsible for distribution of Yearbooks to you. If you have issues with the distribution of your Yearbook, please contact your Organizer.
You acknowledge that we will process personal data that you provide to us via the Service, including identifying data relating to you and your child or children (who may be under the age of thirteen (13)). Such data is necessary in connection with processing your transaction, and we must share that information with our service providers and printers to facilitate the production of Yearbooks and with the Organizer to facilitate distribution of any Yearbook for which you have paid. All collection, sharing, and use of data you provide in connection with the Service is governed by these Terms and our Privacy Policy. You represent and warrant that: (i) you have the necessary authority and consents to provide any personal data you provide to us, including any such data relating to you and/or others, (ii) your disclosure to us of such data complies with all applicable laws, including those relating to data protection, privacy, and data relating to children, (iii) all such data and information is accurate, up to date and relevant when disclosed, and (iv) before providing any such personal data to us, you have read and understood our Privacy Policy.
If the Organizer rightfully cancels its order for Yearbooks prior to their production, Mixbook will provide a refund of the amounts you have paid for Yearbooks using the Service.
You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Such notification shall be sent to the following address: Mixbook Customer Service, 2000 Broadway St., Redwood City, CA 94063, or to support@mixbook.com.
All sales are subject to Mixbook’s then-current return policies, as posted on the Returns page.
If Mixbook issues a credit to you for any reason, such credit has no cash value and is not exchangeable as cash. Mixbook credit may be redeemed towards future purchases from Mixbook using a Mixbook account.
All content on the Service and the Mixbook website and app, including but not limited to design, text, graphics, templates, layouts, tools, other files, and their selection and arrangement (the "Content"), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Mixbook or its licensors. All rights reserved. The Content may not 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 Mixbook's prior written permission under a separate agreement. All trademarks, logos, trade dress and service marks on the Service are the sole property of Mixbook or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mixbook under a separate agreement. The technology and software used by Mixbook to offer the Service are the property of Mixbook. You agree not to copy, modify, create a derivative work of, reverse engineer, disassemble, or otherwise attempt to discover any source code of such technology and software, and will not attempt to sell, assign, sublicense, or otherwise transfer any right in or to such technology and software. Any rights not expressly granted herein are reserved by Mixbook.
Any photos, text, graphics, and other materials and content submitted by the Organizer for a Yearbook (“Organizer Content”) are the sole responsibility of the Organizer. Mixbook is not responsible or liable for any Organizer Content. If you have submitted any part of the Organizer Content to the Organizer, you hereby represent and warrant that: (i) no such content violates or infringes upon the safety or rights of any third party, including but not limited to any copyright, trademark, privacy, or other personal or proprietary rights, (ii) such content is not libelous, defamatory, or otherwise unlawful, illegal, or harmful, (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any such content you have submitted to use such individual’s likeness for purposes of publication in the Yearbook, or, if as to any such identifiable individual under the age of eighteen (18), you either provide such consent, release, and/or permission as such individual’s parent or guardian or you have obtained such written from the individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases, and/or permissions upon the request or Mixbook or the Organizer).
MIXBOOK IS NOT RESPONSIBLE FOR ANY ORGANIZER CONTENT, INCLUDING ORGANIZER CONTENT THAT VIOLATES THESE TERMS OR THAT IS OFFENSIVE, INCORRECT, OR INACCURATE, WHETHER SUCH CONDITION IS CAUSED BY YOU, THE ORGANIZER, OTHERS, OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY MIXBOOK. MIXBOOK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF THE ORGANIZER OR ANY USER OF THE SERVICE. YOU UNDERSTAND THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME. MIXBOOK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. MIXBOOK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMMUNICATIONS NETWORK OR LINES, ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR SERVICE ACCESS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL MIXBOOK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MIXBOOK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIXBOOK CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MIXBOOK BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF YEARBOOKS OR YOUR USE OF THE SERVICE, EVEN IF MIXBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MIXBOOK’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU VIA THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Mixbook, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Mixbook are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND MIXBOOK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MIXBOOK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Mixbook is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@mixbook.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Mixbook should be sent to Mixbook Legal, 2000 Broadway St., Redwood City, CA 94063 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mixbook and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Mixbook may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mixbook or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mixbook is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/industries/consumer/. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Mixbook and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Mixbook agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Mixbook will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Mixbook will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Mixbook will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
Notwithstanding any provision in these Terms to the contrary, Mixbook agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Mixbook written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The Terms and any dispute about or involving the Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Santa Clara County, California and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold harmless Mixbook, its subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of these Terms or any terms relating to your payment method, your submissions of Organizer Content, or your violation of any law or the rights of a third party.
These Terms constitute the entire agreement between you and Mixbook regarding the use of the Service, superseding any prior agreements between you and Mixbook relating to your use of the Service. The failure of Mixbook to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. Mixbook may assign its rights under these Terms to any third party without notice or consent. By using the Service, you consent to our contacting you via email or other electronic means. To opt out receiving electronic communications other than those relating to your Mixbook account and orders, you may opt out at the time of your use of the Service to pay for a Yearbook, or you may follow the opt-out instructions provided in any promotional email Mixbook sends to you.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Mixbook Customer Service, 2000 Broadway St., Redwood City, CA 94063.
Please visit our Help page for more information.