Effective as of: --------
Welcome to Keepster! Please read these Terms and Conditions carefully before registering to the Keepster Service to become a Member and obtain an Account (defined below)
>> If you do not accept all of the terms of these Terms and Conditions, you may not become a Member or obtain an Account.
You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. We may change, revise, or add to these Terms and Conditions at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Terms and Conditions, and will apply to all access to, and use of, your Account thereafter. Your continued use of your Account following the posting of conspicuous notice or any modification will indicate that you have agreed to be bound by the the terms of the updated Terms and Conditions.
>> Your use of your Account will be subject to the Terms and Conditions in effect at the time of your use of the Service.
In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.
"Account” is the area of the Service where Members store Material for future use. Access to an Account requires the use of a user email and password.
"Keepster”, "we”, "us”, or "our” refers to the Keepster Service, which is operated by GoKeeps, Inc.
“Content” means the texts, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service.
“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
“Material” means any text, writing, email, photograph, drawing, image, picture, recording, video recording, biometrics, personally identifiable information, file, and similar content that a Member may store in his/her Account.
“Member” means a user who has registered to use the Keepster App for the purpose of storing Material on the Service.
“Service” means the Keepster App, Content, and other products and services provided on or through Keepster.
“User”, “you”, or “your” refers to a user of Keepster.
The Keepster Service allows users to register in order to become a Member, and obtain a Keepster Account. Members may store their Material on the Service. Any User may register with the Keepster Service in order to become a Member. However, Keepster reserves the right, in its sole discretion to reject an application for registration. Upon acceptance of the registration, a new Member receives or chooses a user ID and password, which allows the Member to obtain access to his/her Member Account
As a condition of your use of the Service, you warrant that:
Membership and access to an Account is provided free of charge to you. Keepster will not be liable if, for any reason, all or any part of your Account is unavailable at any time or for any period.
Keepster reserves the right to change, modify, or withdraw any features offered to all Members or all Accounts, such as the conditions for access to Accounts, the size of storage, or any features, in its sole discretion and with immediate effect.
Keepster reserves the right to suspend or terminate the operation of, or access to, a Member’s Account at any time in its sole discretion and with immediate effect, including, without limitation if a Member or the Account violates these Terms and Conditions, or if the Account has been unused for a certain time.
The Website may contain typographical errors, inaccuracies, or omissions. Keepster reserves the right, at any time without prior notice, to correct any errors, inaccuracies or omissions, and to change or update Content if any part of it is inaccurate.
When uploading Material in your Account, or using in any manner your Account or Material, or when sharing or disclosing Material, you will respect the rights, privacy, and dignity of others and will not upload or store in your account any Material about anyone:
When uploading Material in your Account, or using in any manner your Account, or the Material, or when sharing or disclosing Material, you will not do any of the following:
Your failure to comply with these rules may result in termination of your access to your Account
Each Member is solely responsible for the following:
Keepster‘s Privacy Notice, which is incorporated into these Terms and Conditions by this reference, explains how we treat our users’ personal information. Your use of the Service is subject to our Privacy Notice.
Keepster and its licensors own all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights under any laws and international treaties. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of Service. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.
Keepster does not claim any right, title, or interest in the Material kept in any Account, or in the related US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.
Subject to a Member’s compliance with these Terms and Conditions, Keepster grants each Member a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Member’s Account solely only for Member’s personal use and not for any commercial purpose. Keepster reserves all rights not expressly granted.
If you wish to use any part of the Service other than as set out in the Terms and Conditions, please address your request as indicated in the How to Contact Us section.
If you violate the Terms and Conditions, your license to use the Service will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the content that you have made.
The Marks that are displayed on the Service are registered or unregistered Marks of Keepster, its affiliates or licensors. You may not use such Marks without Keepster’ prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners and are subject to their respective trademark policies.
Except otherwise provided, access to your account is provided on an "as is" and "as available" basis. Your use of your Account is at your own risk.
KEEPSTER DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER KEEPSTER NOR ANY OF ITS LICENSORS MAKE ANY WARRANTY OR REPRESENTATION THAT THE ACCOUNT WILL BE AVAILABLE, SECURE, ERROR-FREE, VIRUS FREE, OR FREE OF OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED, OR THAT ACCESS WILL BE UNINTERRUPTED,
SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KEEPSTER ‘S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Keepster from and against any claims or suit by third parties against Keepster, and any resulting liabilities, damages, judgments, fines, penalties, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, or relating to, or alleging your use of the Service, any allegation that (a) the Material in our Account violates any applicable laws; (b) the Material infringes the intellectual property, privacy or other rights of a third party, (b) your acts or omissions with respect to your Material constitute a breach of contract with a third party; (c) your use of the Material violates these Terms and Conditions.
KEEPSTER AND ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, MATERIAL, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF YOUR ACCOUNT OR DOWNLOADING MATERIAL FROM YOUR ACCOUNT, OR BECAUSE OF ANY ERROR IN THE SERVICE, OR YOUR INABILITY TO ACCESS THE SERVICE OR YOUR ACCOUNT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KEEPSTER’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND KEEPSTER’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED $10.00. (TEN U.S. DOLLARS).
You agree that all agreements, notices, disclosures, and other communications we send to your electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.
We may send you commercial communications, such as newsletters, notice of new products or services, offers, etc. You may opt out of receiving these types of communications by selecting the link "opt out" or "unsubscribe" in the respective communications, or by setting the option in your account, or by contacting us as indicated in the How to Contact Us section.
The Service contains links to third party applications, which operate under different Terms and Conditions and privacy policies. We encourage you to read the Terms and Conditions and privacy policies for each such service. These other terms and policies will apply to you when you use these third party services. Keepster has no control over such third party services. We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such third party services.
Keepster wants to address your concerns without needing a formal legal proceeding. Before filing a claim against Keepster, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within 5 (five) months after submission, you or Keepster may bring a formal legal proceeding.
You agree that any dispute between you and Keepster arising out of or relating to the Service will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless a different set of rules are agreed upon. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to these Terms and Conditions or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred.
All matters relating to the Service or the Terms and Conditions will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California without regard to its conflict of law principles.
The Terms and Conditions constitute the sole and entire agreement between you and Keepster with respect to the Service and any item purchased through the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of the Terms and Conditions will not be construed against the drafting party.
You may not assign or transfer these Terms and Conditions or any rights or licenses granted herein without Keepster’ consent. Keepster may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If any provision of the Terms and Conditions is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.
Keepster may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over Keepster (“Legal Process”) that Keepster believes to be valid. Keepster is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.
Section titles and numbering used in these Terms and Conditions are solely for convenience. They have no legal or contractual significance.
Keepster will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
The disclaimer of warranties, the limitation of liability and damages, and the jurisdiction and applicable law provisions will survive any termination of the Service.
The Keepster Service is operated by GoKeeps, Inc.
All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service should be directed to:
Mailing Address: ____________
Email Address: _______________