Qeepsake Terms of Service and User Agreement

Last updated November 15, 2016

Please read these Terms of Service and User Agreement ("Terms") carefully before using the https://app.qeepsake.com website or message based service (the "Service") operated by Qeepsake, Inc. ("us", "we", or "our"). The Terms also include the Qeepsake Privacy Policy which are posted on our website.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and constitute the entire agreement between you and us. There may be times when we offer a service or product that has its own written terms and conditions that apply in addition to this Agreement ("Additional Terms"). In those cases, the Additional Terms will control to the extent there is a conflict with this Agreement, unless the Additional Terms state otherwise.

THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

General Conditions

  1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

  2. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Content You Own

  1. You own the rights to all content you submit to your Qeepsake journal(s).

  2. You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness.

  3. You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Qeepsake Owns (Intellectual Property)

  1. The Service and its original content (excluding content entered into journals by users), features and functionality are and will remain the exclusive property of Qeepsake, Inc. and its licensors.

  2. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

  3. Our trademarks, including questions, and trade dress may not be used in connection with any product or service without the prior written consent of Qeepsake, Inc.

  4. Qeepsake appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. If You send us creative suggestions, question ideas, other ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Qeepsake. In addition, none of the Submissions will be subject to any obligations of confidentiality and Qeepsake will not be liable for any future use or disclosure of such Submissions.

Possible Cell Carrier Fees

Qeepsake is not responsible for any text-message or data related costs you or any user on your account incur through the use of the service. Not all cell phone plans have free / unlimited texting so please check your plan details carefully prior to signing up for Qeepsake.

Products or Services

  1. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

  2. We reserve the right to limit the quantities of any products or services that we offer.

  3. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

  4. We reserve the right to discontinue any product at any time.

  5. Any offer for any product or service made on this site is void where prohibited.

  6. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  7. Prices for our products and services are subject to change without notice.

  8. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof). In the event of a discontinuance of Service, Qeepsake will use its best efforts to provide 60 days notice prior to a discontinuance of service, communicating via email. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Accuracy of Billing and Account Information

  1. 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 and/or shipping 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.

  2. You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Upgrading and Downgrading Plans

  1. If You upgrade Your Plan during the term (e.g., from Plus to Premium), You will be purchasing an additional annual subscription. At the time of the upgrade, Your first subscription shall be upgraded to the new Plan, and You agree to pay for the new Plan at that time, for the price listed on screen. Your second subscription shall begin immediately and a pro-rated refund for the remainder of your first subscription shall be issued within 5 business days.

  2. If You downgrade Your Plan during the term (e.g., from Premium to Plus), the downgrade will take effect at your plan’s renewal date. Your existing plan will remain in effect until its original expiration date.

Canceling Your Subscription

  1. If you decide to cancel Your subscription, in order to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Eastern Time three business days prior to Your scheduled renewal payment date. You may cancel Your subscription by emailing to cancel@qeepsake.com.
  2. No refunds, whether partial or complete, will be issued upon cancellation of a plan. A canceled Plan will continue to be available to the You until the Plan’s renewal date, unless you specify you’d like the account closed sooner by emailing support@qeepsake.com.

Closing Your Account

You may request that Qeepsake close your account. Qeepsake’s account closure policy is as follows:

  1. To safeguard against mistaken account deletions, Qeepsake’s policy is to remove all personally identifiable information from the accountholder, other than phone number, rather than deleting all content, so that an account could be restored at a future date without loss of content. Upon receipt of a second request from you to specifically delete your content, Qeepsake will acknowledge and perform your request.

Errors, Inaccuracies, and Omissions

  1. 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, product shipping charges, transit times 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).

  2. 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.

Advertisements and Other Commercial Content Served by Qeepsake

Qeepsake, from time to time, may deliver advertising and other commercial or sponsored content on its platform, via messaging, website, email, or other means, that we feel is valuable to our users and advertisers. In order to help us do that, you agree to the following:

  1. We do not provide your personally identifiable information, to advertisers.

  2. You understand that we may not always identify advertising and related communications as such.

Modification & Limitation of Service

  1. You agree that Qeepsake may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation the maximum number of journal entries and photos that may be sent from an account, the length of journal entries, and the maximum number of photos contained within an account/journal.

  2. You agree that Qeepsake has no responsibility or liability for the failure to store any content transmitted by or through the Service. You agree that Qeepsake has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any of the following:

  1. for any unlawful purpose;

  2. to solicit others to perform or participate in any unlawful acts;

  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  5. 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;

  6. 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;

  7. to collect or track the personal information of others;

  8. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  9. for any obscene or immoral purpose;

  10. 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.

Accessing Your Account

  1. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

  2. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

  1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Qeepsake, Inc.

  2. Qeepsake, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Qeepsake, Inc. shall not be 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 such content, goods or services available on or through any such web sites or services.

  3. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination of this Agreement

  1. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  2. Upon termination, your right to use the Service will immediately cease.

  3. 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 Service 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).

Indemnification

You agree to defend, indemnify and hold harmless Qeepsake, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) your content posted on the Service.

Limitation Of Liability

In no event shall Qeepsake, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

  1. Your use of the Service is at your sole risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

  2. Qeepsake, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law; Jurisdiction; Venue

  1. These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. For any disputes that are not resolved by way of arbitration, as outlined below, the You consent to exclusive venue and jurisdiction for actions concerning or relating to these Terms in the federal or state courts of Massachusetts, Suffolk County. In any action to interpret or enforce these terms, the prevailing party shall be awarded all court costs and reasonable attorneys’ fees it incurs. You submit to the jurisdiction of said courts and waive any defense of forum non conveniens and agree to waive all rights to jury trials. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

  1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting updated terms on our website, found at this URL.

  2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

  3. Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use Bee Fluent Products and Services.

Contacting Us

If you have any questions about these Terms, please contact us at support@qeepsake.com