Keepsake's Terms of Use

Thanks for using Keepsake! These Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Keepsake Website.

By accessing, registering, logging in, or using Keepsake or any feature or functionality of this Website, you are agreeing to all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Keepsake's Privacy Policy) and procedures that may be published from time to time on this Site by Keepsake (collectively, the "Agreement").

Keepsake® is a trademark of Kenzo Castañeda, registered in the Philippines.

Acceptance of Terms and Service. Keepsake provides its free service to you subject to the following Terms and Conditions, which may be updated or changed by us periodically without notice to you. Any and all features that Keepsake offers, now or in the future, are governed by these terms. Keepsake currently allows users to schedule email messages to themselves and others for delivery at any date in the future of the users' choosing. Keepsake assumes no responsibility for the reliability, accessibility, timeliness, or any other quality of the services provided. Specifically, Keepsake is not held responsible for any unwanted delay in delivery, loss of messages, or error in message transferred that may occur during use of this service.
Acceptable Use Policy. The User agrees NOT to:

upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
harm minors in any way;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity while or in relation to use of Keepsake;
forge headers or otherwise manipulate identifiers in order to disguise the origin or nature of any content transmitted through Keepsake;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intentionally or unintentionally violate any applicable local, state, national or international law;
collect or store personal data about other users or violate the privacy of other users;
interfere with or disrupt the Service, its API, or servers or networks connected to the Service;
breach or otherwise circumvent any security or authentication measures;
harass or abuse Keepsake representatives performing services on behalf of Keepsake.
use the Service in any way that overloads the system or degrades the performance of the site for other Users (such as sending an unusually large number of letters in a short period, or having unsually large letters and/or attachments)

Eligibility. Keepsake users must be at least 13 years of age to create public letters or include pictures and audio recordings in their letters. Users under 13 can write private letters for individual use only.
Termination & Removal. You’re free to stop using Keepsake at any time. Although for any reason that violates our Acceptable Use Policy, Keepsake reserves the right to edit or remove any letters, Capsules, or accounts. Any public letters or Capsules that include personally identifiable information (PII), email addresses, advertisements, excessive profanity, hate speech or any other content that we deem inappropriate will be removed without notice. If you encounter a public letter or a private letter that is sent to you that you consider to be inappropriate or illegal, please “flag” the letter and feel free to communicate the details to hello@keepsakeletter.com.
Capsule and Letter Content. Keepsake does not prescreen public letters, Capsules, and its contents, and therefore the views expressed in these letters do not necessarily reflect those of Keepsake. In no event shall Keepsake be held liable for any damages that are consequential of the use of the site. If you find inappropriate content in public letters please “flag” the letter and the letter will go under review.
Copyright. At the time of posting, Keepsake reserves the right to edit and reproduce any public letter or Capsule and its contents in derivative works, including printed materials, as the sole copyright holder. If you have previously posted a "public letter" and are not comfortable with these conditions, please change its status to "private." Your use of the Website grants you no right or license to reproduce or otherwise use any Keepsake or third-party trademarks.
Sharing. You may reuse and share public letters for your personal, non-commercial use, if, for example you want to copy a favorite letter to your blog or social media account. Please do so in a way that does not prejudice Keepsake or its contributing users.
Advertisements. Keepsake reserves the right to display advertisements on your account unless you have subscribed to a paid plan.
Billing. Keepsake automatically bills you from the date you convert to a Premium Account and on each periodic renewal until cancellation. All transactions will be done through PayPal. If your payment fails, your subscription will be automatically cancelled.
Pricing. Pricing may change at any time. If you are currently subscribed, we’ll give you reasonable prior notice before your next billing cycle.
No Refunds. Subscriptions for Keepsake Premium and any purchased Credits are non-refundable under any circumstance unless legally required. If you think there has been an error in billing, please contact hello@keepsakeletter.com and we’ll work with you to find a solution.
No Scraping. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of Keepsake, data or content found on this site.
Compatibility. Keepsake is compatible with the latest versions of modern browsers such as Chrome, Firefox, and Edge. Safari and iOS are not yet compatible with video recording. For full compatibility, modern web browsers with the following features should be used:
Discontinuation of Services. We may decide to discontinue the Service in response to unforeseen circumstances beyond Keepsake’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you may save your data from our systems.
SERVICES “AS IS”. THE WEBSITE IS PROVIDED “AS-IS.” KEEPSAKE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.
LIMITATION OF LIABILITY. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT KEEPSAKE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEEPSAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION FAILURE OF THE SERVICE TO PERFORM ANY ACTIVITY.
Indemnification. You agree to indemnify and hold harmless Keepsake, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Terms of Use.
Governing Law. These Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the Republic of the Philippines, excluding its choice-of-law principles.
Waiver, Severability & Assignment. Keepsake’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void.

Last updated on April 13, 2021