TERMS & CONDITIONS
Keepsake Solutions, Inc. (“MyDigitalKeepsake.com”) welcomes you to our Website (the “Site”) and invites you to explore our innovative digital services and products. We are committed to providing fast, affordable, quality digital services that deliver industry-leading value to our customers.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
These terms and conditions (the “Site Terms”) apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with MyDigitalKeepsake.com for products, services or otherwise.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MyDigitalKeepsake.com does not sell products to children, but it sells them to adults, who may purchase with a credit card. If you are under 18, you may use MyDigitalKeepsake.com only with involvement of a parent or guardian. MyDigitalKeepsake.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our Privacy Notice, which is located at the URL: MyDigitalKeepsake.com/privacy, which also governs your visit to MyDigitalKeepsake.com, to understand our practices. You further acknowledge and agree that MyDigitalKeepsake.com may, in its sole discretion, preserve or disclose your Content (as defined below), as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of MyDigitalKeepsake.com, its users or the general public.
CONTENT AND MEMBER CONDUCT
You agree that all materials, photographic prints, slides, film, negatives and resulting digital images (collectively “Content”) submitted by you to MyDigitalKeepsake.com or created for you by MyDigitalKeepsake.com are your sole responsibility. By submitting Content to MyDigitalKeepsake.com, you indicate to MyDigitalKeepsake.com that you own the Content or have the permission from the copyright owner to make such Content available to MyDigitalKeepsake.com to perform the Service and its obligations under these Terms.
You also agree to indemnify and hold MyDigitalKeepsake.com and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) MyDigitalKeepsake.com or any other indemnified party suffers in relation to or arising from a breach of your representations.
You acknowledge that, although MyDigitalKeepsake.com is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, MyDigitalKeepsake.com has the absolute right (but not the obligation) in its sole discretion to refuse, return, delete, remove, and edit Content for any reason at any time without notice.
You agree not to use the Service to have the following types of Content produced on your behalf (“Prohibited Content”), which includes but is not limited to or an exhaustive list of Prohibited Content:
- Content that could give rise to any civil or criminal liability under applicable law or content that could infringe on the rights of privacy, publicity or copyright without the express permission of the owner of these rights.
- Content that is abusive, deceptive, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Content that advocates illegal activity or harms minors in any way
MyDigitalKeepsake.com reserves the right to terminate your access to your account or the Service with or without cause and with or without notice, or for any action that MyDigitalKeepsake.com determines is or may be disruptive to the Site or the Service. MyDigitalKeepsake.com may report to law enforcement authorities any actions that may be illegal. When legally required or at MyDigitalKeepsake.com’s discretion, MyDigitalKeepsake.com will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.
PRICING, PAYMENTS AND ELECTRONIC COMMUNICATIONS
When you place an order, you must choose the package that correlates to the number of originals you are sending. All packages will be rounded up to the greater package if the number of scans sent to us is greater. You are responsible for paying the related fee. In the event that the amount due for the total number of scans purchased by you is less than the Upfront Fee, MyDigitalKeepsake.com shall refund to you, within ten (10) business days of the completion of your order, the difference between the Upfront Fee and the total amount due for the actual number of scans purchased by you by the same payment method you used to pay the Upfront Fee. You agree to pay, in full, the price quoted for your order and any additional amounts incurred due to any or all of the following circumstances: 1) the actual number of scans performed is greater than the number estimated on the order form; 2) the type of images submitted for scanning differ from the type entered on the order form; and/or 3) the actual shipping/delivery charges are higher than estimated at the time of your order.
The shipping and handling costs to ship your originals to MyDigitalKeepsake.com are your responsibility and not included in your order.
When you visit MyDigitalKeepsake.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SHIPPING AND LIMITED REMEDY FOR LOSS OF ORIGINAL CONTENT
Except as otherwise provided in these Terms, MyDigitalKeepsake.com is not liable for the Content or any other materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. You agree to be liable for any Content or any other materials should they be misdirected, lost, stolen, or damaged while in transit through the United States Postal Service, United Parcel Service, Federal Express or any other carrier used for transport. When we return your Content, we will use only shipping methods that are reliable and traceable. We require that all return shipments use methods which require a signature for delivery. We will not make any exceptions to this rule under any circumstances. All items purchased through MyDigitalKeepsake.com or the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to your selected carrier.
MYDIGITALKEEPSAKE.COM ASSUMES THE RISK OF LOSS OF YOUR ORIGINAL CONTENT SOLELY FROM THE DATE THAT MYDIGITALKEEPSAKE.COM ACTUALLY RECEIVES YOUR ORIGINAL CONTENT UNTIL THE DATE ON WHICH MYDIGITALKEEPSAKE.COM DELIVERS THE ORIGINAL CONTENT TO A THIRD-PARTY CARRIER FOR RETURN TO YOU. IF MYDIGITALKEEPSAKE.COM LOSES ANY SUCH ORIGINAL CONTENT DURING THE LIMITED PERIOD THAT THE ORIGINAL CONTENT IS UNDER MYDIGITALKEEPSAKE.COM’S SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR SUCH LOSS IS MYDIGITALKEEPSAKE.COM PROVIDING YOU WITH AN UNLIMITED AMOUNT OF FREE SERVICE FOR A PERIOD OF (30) DAYS. YOU ACKNOWLEDGE AND AGREE THAT THIS REMEDY IS A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ORIGINAL CONTENT AND IS NOT A PENALTY. YOU BEAR ALL POSSIBILITY OF LOSS OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS IN THE CUSTODY OF THE CARRIER.
The Service provided by MyDigitalKeepsake.com is for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell or exploit any part of the Service, use of the Service, or access the Service for any commercial purposes.
Except as expressly provided herein, MyDigitalKeepsake.com grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Service and the Site solely for your personal use. MyDigitalKeepsake.com provides products, content and services through the Site, including content, trademarks, logos, graphics and images that are not Content (together the “Materials” that are the copyrighted work of MyDigitalKeepsake.com or MyDigitalKeepsake.com licensors).
You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY SITES
MyDigitalKeepsake.com may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Any information or content provided by such third parties is, in each case, the copyrighted work of the creator/licensor. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You cannot link to our Site without our prior written consent. While our Site may have links to the websites of other third parties (“Third-Party Sites”), MyDigitalKeepsake.com has no control over those Third-Party Sites. MyDigitalKeepsake.com is not responsible or liable for any content, advertising, products, services or other materials on or available from those Third-Party Sites. MyDigitalKeepsake.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those Third-Party Sites.
DELETION OF INACTIVE ACCOUNTS
MyDigitalKeepsake.com reserves the right to delete your account if it has been inactive for more than one (1) year. MyDigitalKeepsake.com will use commercially reasonable efforts to send you an e-mail notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after MyDigitalKeepsake.com sends you the e-mail notification, MyDigitalKeepsake.com will delete your account, the scans contained in your account, and any personally identifiable information related to your account. MyDigitalKeepsake.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the deletion of an inactive account that is deleted in accordance with this procedure.
TRADEMARKS AND COPYRIGHT NOTICE
MyDigitalKeepsake.com and the MyDigitalKeepsake.com Logo are service marks owned by MyDigitalKeepsake.com. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. Unless otherwise specified, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of MyDigitalKeepsake.com, Copyright © 2019. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
DISCLAIMER OF WARRANTIES
THE SITE, SERVICE, MATERIALS, THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYDIGITALKEEPSAKE.COM AND ITS LICENSORS DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE, SERVICE, MATERIALS, THIRD-PARTY CONTENT AND ANY OTHER INFORMATION OR CONTENT CONTAINED ON THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND MYDIGITALKEEPSAKE.COM MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. MYDIGITALKEEPSAKE.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE.
Some jurisdictions do not allow the exclusion of certain warranties, and as a consequence some of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED REMEDY FOR LOSS OF ORIGINAL CONTENT PROVIDED ABOVE, YOUR USE OF THE SITE AND/OR THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. MyDigitalKeepsake.com AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE, EVEN IF MyDigitalKeepsake.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
By visiting MyDigitalKeepsake.com, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and MyDigitalKeepsake.com or its affiliates.
Any dispute relating in any way to your visit to MyDigitalKeepsake.com or to products you purchase through MyDigitalKeepsake.com shall be submitted to confidential arbitration in Ohio, except that, to the extent you have in any manner violated or threatened to violate MyDigitalKeepsake.com’s intellectual property rights, MyDigitalKeepsake.com may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then-prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
MyDigitalKeepsake.com’s satisfaction guarantee allows you to resubmit your original order for reprocessing within 30 days of order completion if you are not satisfied for any reason. Upon receipt, MyDigitalKeepsake.com will reprocess your order within 45 days from date of receipt and return to you. If, for any reason, you are not satisfied after reprocessing, MyDigitalKeepsake.com will refund your payment, less a handling fee equal to 25% of the original basic package price purchased (excludes shipping fees, taxes, or any additional package options purchased).
Notwithstanding any of the terms and conditions contained herein, MyDigitalKeepsake.com reserves the right, without notice and in its sole discretion, to terminate your license to use the MyDigitalKeepsake.com Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.