Terms of Use

Welcome to myKeepsake! The website is owned and operated by Adamation LLC. Our services and products are provided for your enjoyment, but they are subject to certain terms and conditions. By using the website, you agree to be bound by them. Please read them carefully. If you don’t agree with them, you can’t use the website.

Privacy

You should review our privacy policy to understand our privacy practices.

License and Website Access

We grant you a limited, revocable license for your personal use of the website as our customer. You can create an account on our website or use our website as a guest. You can use it to select our designs and other website content (“Website Content”) to create your myKeepsake products. You can add your own content to your account.

All content that you submit to myKeepsake can be examined by us. Any use of the website or our Website Content that is not expressly authorized for your account or as a guest is prohibited. If you engage in unauthorized activities, we can terminate this license immediately and seek legal remedies.

To protect our intellectual property rights, you cannot do any of the following:

  • Engage in activities that interfere with the website or anyone’s ability to use it;
  • upload to your account or otherwise transmit to myKeepsake.xyz any content expressing abuse, threatening or offensive language or imagery, obscenity, pornography, or any other material that could give rise to civil or criminal liability under applicable state or federal law, or that violates the laws and regulations of any governing body having jurisdiction over Adamation LLC, its affiliates, or customers. Adamation LLC has the sole discretion to determine whether content falls within this section;
  • assist or encourage any third party to engage in any activity prohibited by these Terms of Use.

Electronic Communications

You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Your Account

If you use the website with a registered account, you are responsible for maintaining the confidentiality of your account and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account.

Adamation LLC claims no ownership rights to the images and other content that you place in your myKeepsake account. However, by uploading images to your myKeepsake account, you agree to waive all moral rights to them. In addition, you grant to Adamation LLC a nonexclusive, worldwide, royalty-free license so we can download, upload, copy, 3D print, display, reproduce, modify, publish, post, transmit and distribute the content for the purposes of displaying it on your account and filling your orders.

We will not use or modify your content for marketing purposes or any other purposes without your express permission.

Copyright

Except for personal content in your account, all the software, Website Content and other intellectual property on myKeepsake.xyz is our property or the property of our content suppliers, and it is protected by international copyright laws. All Website Content that is not our property is used with permission. Your purchase of any product does not provide you with any copyright interest or other intellectual property right in the product except as provided by law.

Adamation LLC will not assist in the copying of a photograph that is signed, stamped or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to be the intellectual property of a third party even if it is not marked with any sort of copyright, unless we are presented with a Copyright Release signed by the rightsholder. The release must give us explicit permission to reproduce the copyrighted material.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Adamation LLC or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Limitation of Liability

We cannot guarantee that the website, its servers, or email sent from the website are free of viruses or other harmful components, even though we try to prevent it. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Applicable Law

By visiting the website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Alameda County, California, and you consent to exclusive jurisdiction and venue in such court.

Subject To Change Without Notice; Severability

We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.