Terms & Conditions
www.KeepsakeDigitizeEverything.com (“KDE”) is a one-stop-company for all of your transfer needs. All services offered, purchased and/or accessed via KDE are subject to the following terms and conditions, which terms and conditions are hereby expressly agreed to by any user of this site including, but not limited to, any purchaser of services through KDE its affiliates, successors and assigns. BY ACCESSING AND USING KDE YOU (“CUSTOMER”) HEREBY EXPRESSLY ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SUCH.
Customer Warranties / Indemnification
Customer confirms and warrants its right and authority, free of charge or restriction, to transfer, convert, copy, alter or reproduce all material provided by Customer to KDE for conversion and that no material so provided is Copyrighted or otherwise protected by any intellectual property rights of any third party without the express written permission obtained by Customer of said third party. Customer warrants that no such material provided to KDE violates any applicable law or regulation or creates any private or public cause of action of any nature or kind. Customer warrants that no such material provided to KDE is abusive, hateful, obscene, explicit, threatening, offensive, libelous or otherwise unacceptable. Customer warrants that it has the absolute authority to submit any materials to KDE for conversion and to request any services provided by KDE. Customer, at its own expense, agrees to defend, indemnify, and hold harmless KDE from and against any and all damages, costs, expenses and attorney fees with respect to any and all claims or actions brought against KDE arising out of or in connection with the material/items/media supplied by Customer to KDE for conversion including, but not limited to, the ownership or authority of such material/items/media and arising from or related to any breach of these terms and conditions. Customer acknowledges that by using and/or accessing this site including, but not limited to, purchasing services from KDE that KDE is relying on the truthfulness and accuracy of these warranties and the KDE is unable conduct any independent investigation regarding such truthfulness or accuracy. Customer understands that KDE has the obligation to respond to any claim for copyright or other intellectual property infringement. Any such infringement claims under the Digital Millennium Copyright Act shall be submitted, in writing, to KDE as provided for in the Notices section including the specific alleged infringement and infringer, the legal owner of any protected work and a statement regarding why the alleged infringement use does not qualify under the “fair use” doctrine.
KDE confirms and warrants its right and capacity to agree to these terms and conditions and fully perform all of its obligations hereunder. KDE further agrees to use commercially reasonable efforts to perform the hired/accepted services and shall provide such services in a professional manner consistent with industry standards.
KDE strives for 100% Customer satisfaction with every order. KDE accepts Return Requests within thirty (30) days of completion of the order by KDE (note: this is the date the product leaves KDE’s offices). Any Customer that is unhappy with an order, for any reason, should contact KDE, as listed herein, to request a return. Customers simply need to send a Return Request to KDE with their contact information, the order number and the reason for wanting to return the product. Once received, KDE will contact the Customer to discuss the Return Request. In the event that KDE accepts a return, the Customer agrees to be responsible for all shipping costs to return the product unless such costs are waived by KDE. All returns are handled on a case by case basis and KDE has the right to deny any Return Request.
Right of Refusal / Termination
Customer acknowledges that KDE has the absolute right, in its sole discretion, to refuse or terminate service to any customer or potential customer for any reason. This right shall include, but not be limited to, KDE’s right to terminate service upon KDE’s discovery that any material provided to KDE from Customer violates any state or federal law or that Customer has breached any term or warranty herein.
No Warranty / Limitation of Liability
Customer acknowledges and agrees that all services, products and information provided by KDE are provided without warranty of any kind, express or implied, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose and in no event shall KDE be liable to Customer for any indirect, special, incidental, punitive or consequential damages of any nature or kind as a result of the services, materials, information provided by KDE to customer. This limitation of liability shall be effective regardless if any such liability is based on breach of contract, strict liability, tort or other legal theory.
Customer understands that all services, materials and information provided by KDE is provided on an “as-is” “as available” basis. KDE does not guarantee or warrant that any converted mediums will play in/on all Computers, Televisions, DVD Players, Blue Ray Players or other such viewing devices. KDE provides no warranty that any of its services will fit the particular purpose of any customer or another intended user.
Risk of Loss
Customer acknowledges and understands that the art of media conversion is not without risk/potential error and as a result Customer agrees to hold KDE harmless and in no way liable for any loss, damage or injury, of any kind or nature, whether incidental, mechanical, neglectful, careless or otherwise to any materials/items/media so supplied by Customer to KDE and that KDE assumes no risk of loss. Customer further agrees that KDE shall not be liable for any lost, stolen or as herein stated, damaged materials/items/media. Customer acknowledges and understands that any lost, stolen or damaged materials/items/media shall only be replaced by KDE with an equivalent type blank material/item/media or the cost of such blank media, as determined in the sole discretion of KDE.
Customer understands that KDE has no control or authority over any shipping carrier (USPS, UPS, FedEx etc.) and that KDE shall not assume and risk of loss or damage as a result of the shipment of any material/items/media either from customer to KDE or vice versa. Customer further acknowledges that KDE shall not be held liable for any lost or stolen materials/items/media nor for any loss or damage arising out of the Customer’s own use.
Customer agrees to pay for all services in full at the time an order is placed. Any balance not paid in full within thirty (30) days of order placement shall be considered in default and shall bear interest at the rate of 18% per annum calculated daily until paid in full. Notwithstanding any other provisions in these terms and conditions, in the event KDE retains an attorney or collection agency following customer’s default in payment, customer further agrees to pay all costs of collection, including but not limited to, court costs and reasonable attorney fees. Customer agrees that any and all cost of repair deemed necessary by KDE to complete any media conversion, whether indicated at the time of delivery to KDE or during the conversion process, shall be an additional cost to the customer, which cost shall be communicated by KDE. Customer agrees that all videotapes or other medium containing more than two (2) hours of content will be charged as additional videotapes/mediums as deemed necessary by KDE.
Customer agrees that KDE shall be excused from delays in performing or from failing to perform its obligations / services under these terms and conditions due to causes beyond its reasonable control and to the extent it acts diligently to remedy the cause of the delay or failure, if possible.
Attorney Fees and Costs
In any action brought under these terms and conditions, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding.
Customer acknowledges that KDE may be performing similar services for other customers and that nothing included in these terms and conditions prohibits KDE from performing such services for any other existing or future customers.
Customer hereby expressly agrees to all terms and conditions stated herein and to be bound by such in the same manner as if the terms and conditions were agreed to in writing with a written signature. Customer hereby establishes a contract with KDE with the same legal force and effect as one so agreed to in writing with written signatures. Customer agrees not to contest or otherwise challenge, in any manner, the validity or enforceability of these terms and conditions
as a valid contract on the grounds that these terms and conditions are entered into electronically. Failure to fully agree to any term or condition herein voids any relationship between the Customer and KDE and revokes Customers right to access this site and any of its contents. Customer agrees that it may not assign or transfer its rights or delegate its obligations agreeing to these terms and conditions without the prior written consent of KDE, which will not be unreasonably withheld. Customer acknowledges that KDE may assign, transfer, sell or delegate its rights and obligations under these terms and conditions to other third parties from time to time. No waiver of any breach of any provision of these terms and conditions will constitute a waiver of any prior, concurrent or subsequent breach of these terms and conditions. If any provision of these terms and conditions is or becomes illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided however, that if KDE determines that any such unenforceable provision is essential, it may terminate any relationship with Customer and have no further obligations. These terms and conditions are governed by the laws of the State of Indiana. The parties agree that the courts located in Hamilton County, Indiana will have exclusive jurisdiction to determine the validity, construction and performance of these terms and conditions and the legal relations between Customer and KDE. Section headings are included for convenience and are not to be used to interpret these terms and conditions.
Customer understands and acknowledges that KDE reserves the right to revise, modify or amend these terms and conditions from time to time and that only those terms and conditions found here constitute the understanding of the Customer and KDE. Any such revisions, modifications or amendments shall be updated to the site and KDE encourages Customer to review these terms and conditions regularly to be updated as to any such revisions, modifications or amendments. Customer hereby expressly agrees to any and all revisions, modifications and amendments made to these terms and conditions from time to time.
Notices / Contact
All notices to KDE shall be effective when received, and shall be sufficient if given in writing, (i) hand-delivered, (ii) sent by First Class Mail, return receipt requested, postage prepaid, or (iii) sent by overnight courier service and addressed as follows:
Attn: Support Staff
166 West Carmel Drive
Carmel, Indiana 46032