Keepsy Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE KEEPSY INTERNET WEBSITE LOCATED AT KEEPSY.COM AND ANY OF ITS SUBDOMAINS (COLLECTIVELY, THE "SITE"). By using the Site and/or Services (defined below), you signify your agreement to the terms and conditions below (the "Terms of Use"). If you do not agree to these Terms of Use, you may not use the Site or Services.

BASIC TERMS AND CONDITIONS

The Site is owned by the company, StoryJumper, Inc. ("StoryJumper"), who operates the Site under the name "Keepsy". All references in these Terms of Use to "Keepsy", "we", "us" and "our" are deemed to include StoryJumper and any of Keepsy's or StoryJumper's designees. All references to "User" in these Terms of Use shall refer to you as well as other users of the Site and Services and all references to "Members" shall refer to those Users who have set up a profile on the Site.

We provide software and collaborative publishing services on and through the Site that allow our customers to create, design, layout and/or print books ("Keepsy Books") as well as purchase other gifts ("Keepsy Gifts" - collectively, each, a "Product" or together, "Products"). The services offered by Keepsy on the Site include the Keepsy online publishing services, Keepsy community and any other features, content, or services offered from time to time by Keepsy on or through the Site (collectively, the "Services").

You must be 13 years and older to use this Site.

You may not abuse, harass, threaten or intimidate anyone using this Site or with the use of any Keepsy Books.

When you sign up as a Member to use the Services, you will either authenticate using your Facebook login information, or in the future we may ask you to choose a user name and a password. You are responsible for any activity that occurs under your screen name or user name or Facebook account on this Site or through the Services. You are responsible for keeping your password to this Site secure. You agree not to use the account, user name or password of another User at any time. You agree to notify Keepsy immediately if you suspect any unauthorized use of your password or access to your account.

You may not use the Site or any of the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You may not modify, adapt or hack Keepsy or modify another website so as to falsely imply that it is associated with Keepsy. You must not transmit any worms or viruses or any code of a destructive nature on or through the Site or Services. You may not create or submit unwanted email to anyone on or through the Site or Services.

Your use of the Site or Services may not violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to modify or terminate the Services for any reason, without notice at any time. We reserve the right to alter these Terms of Use at any time. If so, we will post our updated Terms of Use on this page and post notice of the change so it is visible when you visit and/or log-on to the Site for the first time after the change is posted. Your continued use of the Site and Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Terms of Use, you must cease your use of the Site and Services.

We reserve the right to refuse to provide the Service to anyone for any reason at any time.

CONTENT

  1. Definitions. "Content" includes text, files, images, photos, videos, sounds, musical works, works of authorship, and any other materials. "Your Content" includes any Content that you post to the Site, including, without limitation, any Content that you submit to Keepsy for inclusion in a Keepsy Book. For the avoidance of doubt, Your Content does not include any Feedback or Submissions (both as defined below).
  2. Ownership of Your Content. You are solely responsible for your Content that you submit, post, and display on the Site and through the Services. You represent, warrant and covenant that: (i) you own or otherwise have the right to grant the licenses set forth in these Terms of Use for Your Content that you provide to and/or post on the Site and Services, contribute to Keepsy Books, and/or provide for our print services to have them printed in a Keepsy Book, (ii) you have obtained all necessary consents and clearances to enable Keepsy to exercise the rights granted herein and (iii) Your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity. You have full responsibility for Your Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT THAT YOU SUBMIT TO KEEPSY AND/OR ON THE SITE OR THROUGH THE SERVICES.
  3. License to Keepsy. You hereby grant to Keepsy and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sublicensable (with the right to sublicense through multiple tiers of licensees) (in any media, whether known or not currently known and invented) ("License") to: (i) use, re-format, modify (as necessary to prepare Your Content for inclusion in a Keepsy Book or for the printing of a Keepsy Book), reproduce and distribute any and all of Your Content for the purpose of printing and distributing Keepsy Books that you order or that you authorize for purchase by others, and (ii) to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content, including, without limitation, making Your Content available to the Keepsy community and to include Your Content in Keepsy's promotional and marketing materials. You agree that Keepsy may exercise the License granted by you without notice, payment or attribution. You agree that the License granted to Keepsy includes the right for Keepsy to contract out the production, including, without limitation, physical printing, of the Keepsy Books to a third party. You agree that Keepsy reserves the right to maintain electronic files of Your Content and any Keepsy Books, as applicable, to fulfill any further orders which may be placed for the Keepsy Books and to maintain an archival copy of the tangible Keepsy Book.
  4. License to Other Members. You hereby grant all other Members of the Site and Services a non-exclusive, worldwide, perpetual, irrevocable license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute Your Content for any purpose on or through the Site and Services and/or in such Member's own Products solely in connection with a Member's personal use of the Site and the Services. You acknowledge and agree that a Member can exercise the foregoing rights without further notice, payment or attribution to you.
  5. Public Use. Any of Your Content that is provided on a non-proprietary and non-confidential basis, and will be generally accessible by other Users of the Site and Services. Therefore, be sure that any information that you include in Your Content or otherwise agree to share with Keepsy or some or all Users of the Keepsy community during the submission process is information that you are comfortable with sharing with others.
  6. No Back Up of Content. Keepsy encourages you to maintain your own backup of any Content that you post to the Site or submit to Keepsy, including, without limitation, Your Content. Keepsy is not a backup service, and Keepsy will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through the Site and Services.
  7. Removal of Content. Keepsy has the right (but not the obligation) to review any Content on the Site and to reject, refuse, delete or remove any Content on the Site, with or without case and with or without notice, for any reason or no reason. Without limiting the foregoing in any way, Keepsy may delete Prohibited Content (defined below) and Content that is illegal, offensive, violates these Terms of Use and/or the rights of Keepsy or any other entity or person, harms or threatens the safety of any User or any other person; or creates liability for Keepsy, its suppliers, service providers, partner companies or any User. Keepsy reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of these Terms of Use, including without limitation, removing Prohibited Content from the Site and/or Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. Keepsy does not and cannot review all Content posted by you or other Users of the Site. The foregoing prohibitions do not require Keepsy to monitor, police or remove any Content or other information submitted by you or any other User. Keepsy reserves the right to retain a copy of any Content deleted from the Site and/or Services in order to comply with applicable law, resolve disputes, enforce this Agreement and to take any other actions otherwise permitted by law that Keepsy deems necessary in its sole discretion.
  8. Prohibited Content. You agree that you will not post, submit or otherwise provide to the Site and/or Services any Prohibited Content (defined herein). "Prohibited Content" includes any Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated images or links to pirated image files; (vi) is involved in the exploitation of persons in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, rule or regulation, including, but not limited to, laws and regulations governing export control, unfair competition, anti-discrimination and false advertising and privacy and data protection; (xi) involves commercial activities that are detrimental to the interests of Keepsy; or (xii) otherwise violates these Terms of Use or creates liability for Keepsy. Keepsy reserves the right to refuse to print any Keepsy Books that contain Content that it determines in it sole discretion is Prohibited Content, and you agree to indemnify and hold Keepsy and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
  9. Your Profile. Keepsy collects information for your Keepsy User profile from the information you make available on your Facebook profile. From time to time, you may be asked to provide additional Content to your User profile. Any Content posted by you in your User profile on the Site may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post, submit or otherwise provide a name, likeness, photograph or image of another person without that person's permission.
  10. Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
  11. No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Site and/or Services or the networks or services connected to the Site and/or Services; or (ii) introduce software or automated agents to the Site and/or Services, generate automated messages, or to strip or mine data from the Site and/or Services.
  12. Feedback and Submissions. To the extent that you provide Keepsy with any suggestions, information, ideas, or feedback concerning the Site, Services and/or Content on or in the Site and Services, including, without limitation, through e-mails, voicemails, postings, feedback forms ("Feedback"), the Feedback will be the sole and exclusive property of Keepsy. You agree to assign and hereby assign to Keepsy all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Keepsy in perfecting and enforcing such rights. To the extent that you provide any story ideas to Keepsy, either solicited or unsolicited (collectively, "Submissions"), you hereby grant Keepsy a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers of licensees), under all intellectual property rights therein, to use, reproduce, modify, edit, adapt, create derivative works, publicly perform, publicly display, publish, make, sell, offer for sale and otherwise exploit your Submissions on an unrestricted basis for any purpose. These rights are non-exclusive, and you are free to use your Submissions for any purpose too. Therefore, to avoid the possibility of any future misunderstandings when projects developed by us or under our direction might seem similar to your own creative works, do not submit any Submission for which you are not willing to grant the license set forth above. You retain ownership of any copyrights or other intellectual property rights in any Submissions. You agree that any Feedback and Submissions you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. Please be sure that any information you include in any Feedback or Submission is information that you are comfortable with sharing with others. You further acknowledge and agree that you have no expectation of any review, compensation or consideration of any of your Feedback or Submissions. The terms of this provision apply equally to Feedback and Submissions that are either solicited by Keepsy or voluntarily submitted by you. Accordingly, we, our licensees, distributors, agents, representatives and Users of the Site and Services shall be entitled to exploit and disclose all Feedback and Submissions, and we shall not be liable to you or any third party for any exploitation or disclosure thereof.

COPYRIGHT INFRINGEMENT

Keepsy will review all claims of copyright infringement submitted by the copyright owner or the copyright owner's legal agent.
To make a claim, please provide us with the following:

  1. A description of the infringing material and information reasonably sufficient to permit Keepsy to locate the material, as well as a description of the copyrighted work claimed to have been infringed;
  2. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  3. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf and your contact information, including your address, telephone number, and email; and
  4. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Contact information for Keepsy's Copyright Agent for notice of claims of copyright infringement is as follows:

StoryJumper, Inc. dba Keepsy.com
Copyright Agent.
850 E Greenwich Pl
Palo Alto, CA 94303
Legal Support

Warranty Disclaimer. Keepsy does not proof, edit or change any of the Content, including, without limitation, any of Your Content, in the Keepsy Books that you post or submit for production. As a result, there is no obligation on Keepsy to correct any (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including formatting, organization, style, color and page layout; or (d) other creative choices that you make related to the Keepsy Book. THE CONTENT THAT YOU HAVE SUBMITTED FOR A KEEPSY BOOK CANNOT BE EDITED ONCE THE KEEPSY BOOK HAS BEEN DELIVERED ELECTRONICALLY. Keepsy is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content) posted on the Site and/or Services, whether such inaccuracies are caused by Keepsy or its Users or by any of the equipment or programming associated with or utilized in connection with providing the Services. Keepsy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by Users. Keepsy is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall Keepsy be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services or from any Content posted on the Site and/or Services or transmitted by or to Users, or any interactions between Users of the Site and/or Services, whether online or offline.

(A) THE SITE, SERVICES AND ALL CONTENT ON OR IN THE SITE AND SERVICES AND PRODUCTS AS WELL AS THE PRODUCTS ARE PROVIDED "AS-IS" AND AS AVAILABLE AND, (B) KEEPSY EXPRESSLY DISCLAIMS AND EXCLUDES ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION ON LIABILITY: TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KEEPSY AND ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES OR ANY CONTENT OR PRODUCTS, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OR RELATED TO THIS AGREEMENT OR THE SITE, SERVICES, CONTENT AND PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KEEPSY OR ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR ACCESS TO THE SITE AND SERVICES AND/OR DELETE CONTENT OR FEATURES OF THE SITE AND SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Site and/or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Keepsy, and that Keepsy will have no liability for your inability to access and/or use the Site and/or Services, or any portion thereof, during any of the foregoing events. Keepsy reserves the right to change, alter or vary the Site, Services and/or Content offered on or through the Site and Services at any time without notice.

Release. You hereby release Keepsy, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Indemnity. You agree to defend, indemnify, and hold Keepsy, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement, Your Content or any other Content submitted by you or an individual using your Account that violates any applicable local, state, federal or international law, rule or regulation or intellectual property rights of a third party or arising from your breach of any provision of this Agreement.

Electronic communications. The communications between you and Keepsy use electronic means, whether you visit the Site or send Keepsy e-mails, or whether Keepsy posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Keepsy in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Keepsy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

Software. Keepsy may provide you with certain proprietary software that Keepsy allows you to download from this Site ("Software"). Keepsy grants you a limited, personal, non-exclusive and non-transferable license to use the Software solely for your personal use in connection with viewing the Site and using the Services. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of term of these Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Software.

U.S. Export Controls. Content and Software available in connection with the Site and Services is further subject to United States export controls. No Content or software may be downloaded from the Site and/or Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and software, you represent and warrant that such download or use is not in violation of any such law.

Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Keepsy agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Mateo, California (USA) and the federal courts located in the Northern District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through JAMS ("ADR Provider") and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Keepsy may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Services.

Links to Third Party Web Sites. This Site may be linked to other web sites that are not Keepsy websites ("Third Party Web Sites") and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Web Sites. Keepsy is providing these links to you as a convenience, and Keepsy does not verify, make any representations or take any responsibility for such linked to Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third Party Web Sites may have different privacy policies and terms and conditions and business practices than Keepsy. Your dealings and communications through the Site with any party other than Keepsy are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT KEEPSY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Keepsy's endorsement or recommendation.

Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God."

Copyright/Trademark Information. Copyright © 2009, StoryJumper. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of StoryJumper or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.

General. If any term of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Keepsy's failure to enforce any term of this Agreement is not a waiver of such term. This Agreement is the entire agreement between you and Keepsy and supersedes any prior or contemporaneous negotiations, discussions or agreements between you and Keepsy with respect to the subject matter hereof. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and definitions and rights, duties and obligations of the arties that by their nature continue and survive shall survive any termination of this Agreement.

KEEPSY BOOKS

Keepsy Books are collaborative books where multiple people can contribute Content. The Keepsy Books are available for free in basic digital format, and for purchase in enhanced digital and printed formats.

To create a Keepsy Book, a Member (the "Initiator") selects someone to receive the book (the "Recipient"), and then invites other people who may or may not already be Members to participate in the book. Those individuals invited to participate in a Keepsy Book who are not already Members must first sign up as a Member before participating. The Members create page(s) in an electronic book. After creating page(s), the Site may prompt Members to purchase credits toward a group gift which may include a printed copy of the Keepsy Book. Participation is optional. Members' credits will be pooled towards the total cost of the group gift plus processing fees. If the net credits (less processing fees) exceed the value of the group gift, the Receiver will receive the excess funds as a Keepsy Gift (see below) in addition to the group gift selected by the Initiator. If the net credits do not meet the required cost of the group gift plus processing fees, the Receiver will receive the net credits (less processing fees) as a Keepsy Gift.

Keepsy Book Requirements

In order to purchase a printed copy of a Keepsy Book, there must be a minimum of 16 pages in the book. In cases where Members have contributed money towards the purchase of the Keepsy Book BUT the page minimum has not been met, Keepsy will provide the Recipient with a Keepsy Gift for the value of the Members' collective balance designated for that Recipient, less applicable fees.

In cases where Members have contributed credits towards the Keepsy Book that meets the 16-page minimum specified above BUT credits for the purchase of that Keepsy Book are insufficient, Keepsy will offer the Recipient the option of either paying the remaining necessary funds to purchase the Keepsy Book, or to receive a Keepsy Gift (see below) for the value of the Members' collective balance designated for that Recipient, less applicable fees.

Keepsy Book Purchaser

Refunds: Unless otherwise required by applicable law, all payments processed through the Services are non-refundable and are non-reversible by Members through the Services. Except as provided in the preceding sentence, failure of a Recipient to claim a Keepsy Book, or any dissatisfaction (on behalf of either the Recipient or the participating Members) with the Keepsy Book or the payment transaction, fraud and other disputes regarding transactions shall not entitle a Member to a refund of the payment amount or a reversal of a payment transaction. If we are unable to deliver a purchased printed version of the Keepsy Book to the Recipient, we will attempt to deliver the book first to the Initiator and if that is not successful then secondly to one of the participating Members who resides in the United States, which shall be selected in Keepsy's sole discretion.

Keepsy Book Recipients

If the Initiator provided an address in the United States for the Recipient, the purchased printed version of the Keespy Book will be shipped to the Recipient. In cases where Keepsy does not have a shipping address for the Recipient, the Recipient must follow the instructions below to receive a purchased printed Keepsy Book:

  1. The Recipient must open the delivery notice that s/he received from Keepsy.com.
  2. Recipient must click on the "redeem gift" link, and follow instructions to agree to terms and enter other required information.
  3. Recipient must enter their shipping address in the United States.
  4. StoryJumper will then mail the Keepsy Book to the Recipient shipping address in the Keepsy system.

KEEPSY GIFTS

A Keepsy Gift is a prepaid payment device that is held on behalf of a Recipient's Facebook account or email address. Keepsy Gifts are issued by Keepsy. Keepsy Gifts and their use on the Site are subject to these Terms of Use and the Keepsy Privacy Policy.

Keepsy Gift Purchaser

Refunds: Unless otherwise required by applicable law, or as otherwise expressly provided by these Terms of Use, all payments processed through the Services are non-refundable and are non-reversible by Members through the Services. Except as provided in the preceding sentence, failure of a Recipient to redeem or claim a Keepsy Gift, or any dissatisfaction (on behalf of either the Recipient or the purchasing Member) with the Keepsy Gift or the payment transaction, fraud and other disputes regarding transactions shall not entitle Purchasers to a refund of the payment amount or a reversal of a payment transaction.

Risk of Loss : The risk of loss and title for Keepsy Gifts pass to the Recipient upon our electronic transmission to the Recipient. We are not responsible for lost or stolen Keepsy Gifts.

Keepsy Gift Recipients

To redeem and use a Keepsy Gift, each Recipient must follow the instructions below:

  1. The Recipient must open the delivery notice that s/he received from Keepsy.com.
  2. Recipient must click on the "redeem gift" link, and follow instructions to agree to terms and enter other required information.
  3. StoryJumper will then email the third-party gift certificate or third-party redemption code to the Recipient email address in the Keepsy system.

Keepsy Gifts may be redeemed only by the Recipient and delivered only to the Recipient's email address in the Keepsy system. Any change to the Recipient's email address prior to Keepsy Gift redemption is subject to Keepsy security approval to confirm the validity of such change.

Keepsy Gifts must be redeemed through the Keepsy.com website to be redeemable for products including gift cards redeemable at third party merchants.

Merchant availability is subject to change, and certain gift cards, such as the Amazon.com Gift Card, may only be redeemable for a specified subset of select merchants or products. Any redemption with a third party merchant is subject to that merchant's applicable terms and conditions. For details on the Amazon.com Gift Card program, see www.amazon.com/gc-legal.

Expiration: A Keepsy Gift does not expire and is not redeemable for cash except as required by law, and cannot be used in conjunction with promotions. Keepsy Gifts are not redeemable on the websites or in the stores of participating merchants. Keepsy Gifts must be redeemed through the Keepsy.com website to be redeemable for products including gift cards redeemable at third party merchants. Third-party products however may be subject to expiration, subject to that merchant's applicable terms and conditions.

Transfers and Unused Keepsy Gifts: Keepsy Gifts cannot be, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Keepsy Gifts may not be transferred.

General Information

Keepsy makes no guarantees regarding the performance of its Services. Keepsy shall not be liable for interactions with any organizations and/or individuals found on or through the Keepsy service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. By using our service, you agree that Keepsy is not responsible for any damage or loss incurred as a result of any such dealings.

Keepsy reserves the right to cancel any Keepsy Gifts and refund all associated payments, less any processing fees, at any time and for any reason.

Keepsy processes payments on behalf of Members. Keepsy is not a bank or other chartered depository institution. Keepsy Gifts held by Keepsy or its service providers (including any bank service providers) in connection with the processing of payments are not deposit obligations of Members and are not insured for the benefit of Members by the Federal Deposit Insurance Corporation or any other governmental agency.

To order or purchase any Products, a Member must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. 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 at the time you order Products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Keepsy may also accept payment through PalPay. Keepsy currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing Keepsy with your credit card number and associated payment information, you agree that Keepsy is authorized to immediately charge your credit card on file in connection with your User account for all fees and charges due and payable to Keepsy as a result of your purchase of any Products. You agree that no additional notice or consent is required before Keepsy charges the credit card for all amounts due and payable. You agree to immediately notify Keepsy of any change in your billing address or the credit card used for payment hereunder. Keepsy reserves the right, at any time, to change its prices and billing methods for Services and/or Products, either immediately upon posting notice of the changes on the Site and/or by e-mail notification to your e-mail address on file in connection with your User account.

Taxes, fees and other charges will be incurred in connection with Members' use of the Services and orders and purchases of Products (including, but not limited to, sales, use or value-added taxes, unless a Member provides Keepsy with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Products to that Member's customers). Keepsy may automatically charge and withhold such taxes, fees or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When a Member orders a Product for overseas delivery, that Member may be subject to import duties and taxes, which are levied when the Products arrive at the destination that the Member specified. Any charges for customs clearance have to be borne by that Member, as Keepsy has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, Members should contact the customs office in the country where you have us ship your Products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.

Fraud

Keepsy will have the right to close Members' accounts, withhold all funds, and request alternative forms of payment if a fraudulently obtained Keepsy Gift is redeemed through the Keepsy system.

Claims can be sent to:

StoryJumper, Inc., dba Keepsy.com
850 E Greenwich Pl
Palo Alto, CA 94303
feedback@keepsy.com