Terms of Service

Keepchest Terms of Service

Effective 2014-04-12

Use of this service is subject to the following Terms of Service. Any changes will be posted at this location.
  1. Purpose

    1. This service is designed for the sole intended purpose of collecting and hosting content (including photos and videos) associated with weddings, wedding receptions, engagement parties, bridal showers, bachelor/bachelorette parties and associated events. Your use of this service must be consistent with that purpose.
  2. Changes

    1. This Terms of Service may only be modified or supplemented by Keepchest, and we reserve the right to change, amend or supplement it at any time at our discretion. If at any time you do not agree to these Terms of Service or any of the policies on our site, please close your account and discontinue use of the service immediately.
    2. Updates to these Terms of Service will be posted to this location.
  3. Age

    1. You warrant that you are at least 18 years of age.
  4. Privacy

    1. You warrant that you have read and accept the terms of our Privacy Policy.
  5. Billing & Payments

    1. While we do provide a free and limited trial option, we must receive payment in full prior to use of this service for any use other than testing or evaluation. We reserve the right to disable unpaid accounts at any time without prior warning.
    2. You are solely responsible for all charges and fees associated with your account.
    3. Disputed charges ("chargebacks") associated with an account may result in immediate and permanent disablement of that account.
  6. Length of Service

    1. Service will commence upon completion of payment and continue for a period of 18 months.
  7. Termination

    1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Notwithstanding the above, we may terminate service under this contract at any time, without penalty, if you fail to comply with the terms of this contract, including non-payment. Except as described in Refund Policy below, refunds will not be provided for early termination.
  8. Refund Policy

    1. Your satisfaction is important to us! If for any reason within 45 days of paying for service you are not satisfied with your experience and no more than 25 media items (images and/or videos) total have been uploaded to your account, you may contact us to close it and receive a full, 100% refund of your payment. Please note that refunds may take up to 10 business days to process.
  9. Transfer

    1. You may not transfer this contract to any other party without prior written consent from Keepchest.
  10. Security & Performance

    1. We endeavor to provide our best effort to ensure the continued operation of our service. However, we reserve the right to take any action deemed necessary to maintain the security and performance of our service. Such actions may include temporary or permanent disablement of your account, with or without prior notice, should it pose a risk to the proper and performant operation of the service for other customers.
  11. Legality

    1. All content uploaded to our service must be legal in the United States, the State of California as well as in your State and/or locality. Should we determine that illegal activity may have taken place in conjunction with our service, we will cooperate to the best of our ability with law enforcement in facilitating investigations of said activity.
  12. Copyright

    1. You agree that you possess the copyright for all content (including images or videos) that you upload to the service, or have received right and license from the copyright holder to do so.
    2. You grant us a non-exclusive, transferable, sub-licensable, royalty-free worldwide license to store and distribute any content (including images or videos) that you upload to the service.
    3. We do not assert editorial control over content distributed on behalf of users of our service. Per the Digital Millenium Copyright Act we will act expeditiously to remove content reported to us in accordance with our responsibility as an online service provider.
  13. Liability

    1. The operation of this service relies upon a number of factors not under our control, including - but not limited to - network conditions, cellular coverage and 3rd party services. As such, neither Keepchest, its employees, affiliates, agents nor its upstream service providers make any warranties or representations - express or implied - regarding the suitability or fitness of this service for any purpose.
    2. Keepchest, its employees, affiliates, agents and upstream service providers will not be held responsible for any damages that may be caused to any party for any reason, including - but not limited to - the following: Loss of data, service disruptions, acts of god, security breaches, errors, omissions, poor network conditions or user error.
    3. Notwithstanding the above, your exclusive remedies for any damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount you paid during the term of your service contract and any reasonable legal fees and court costs.
  14. Indemnification

    1. You agree that you shall defend, indemnify and hold harmless Keepchest, its employees, affiliates, agents and upstream service providers from and against any and all claims, liabilities, obligations, losses, damages and expenses (including reasonable attorneys' fees) that may arise or result due to:
      1. Any injury to person or property caused by any services distributed in conjunction with our service.
      2. Any material uploaded to the service that is infringing or allegedly infringing upon the proprietary rights of a third party.
      3. Copyright infringement.