Heirloom finds great joy in helping our customers best manage their digital life. Critical to this is the way we treat your information in our physical possession and while secured on our digital cloud. Heirloom is therefore designed to bring maximum customer utility with the minimum amount of intrusion to your privacy. Please read the following Terms of Service and Privacy Policy for more details.
Heirloom Cloud Corporation (“Heirloom”) utilizes state-of-the-art security measures and updated information technology protocols to provide transportation, digitization and cloud services to our users. Your digital data is always encrypted, so it can never be shared or viewed by anyone but yourself and the intended recipients. You agree to our Terms of Service (“Terms”) by installing or using our services, website, or mobile applications (together, “Services”).
Minimum Age. Heirloom offers Services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you may use Heirloom’s Services only under the supervision of a parent or guardian.
Account Registration. To create an account, you must register for our Services using your email address, telephone number, and postal mailing address. You agree to receive email messages and telephone text messages with verification codes to register for our Services.
Privacy of User Data. Heirloom does not sell, rent or monetize your personal data or content in any way. Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to Third Party Providers where we have or use facilities, service providers or partners.
Refusal of Service. Heirloom, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders. Occasionally, items may arrive at our digitization facility in an unplayable or defective condition. You will not be charged any digitizing fee if your materials are not transferrable due to age, fragility, format, damage, or any other condition for which we are not responsible. However, you will need to pay the shipping costs for the return your original materials.
Risk of Loss. Heirloom’s Services include transferring and converting various analog media into different digital formats and require the services of commercial carriers (USPS, FEDEX, UPS) for shipment of that media to and from its facility. For this reason, Heirloom cannot guarantee the timeliness of any shipment. However, through its underwriter, Heirloom insures your analog materials from the risk of loss from the time they are picked up from our commercial carrier, through processing at the Heirloom digitization facility, until the materials are returned to you by our commercial carrier.
Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
Fees and Taxes. You are responsible for data fees and taxes associated with the devices on which you use our Services.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Heirloom, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal materials or impermissible communications.
Harm to Heirloom. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Heirloom, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Keeping Your Account Secure. Heirloom embraces privacy by design. Whereas Heirloom can assist in the management of your account, we do not have the ability to access your files on our cloud. You are responsible for keeping your device, and your Heirloom account safe and secure.
Third-Party Services. Our Services may allow you to access, use, or interact with third-party websites, applications, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Your Rights. You own the information you submit through our Services. You must have the rights to the email address, telephone number, and postal mailing address you use to sign up for your Heirloom account.
Your Warranties. You agree to use our Services only for lawful purposes and only for your own personal, non-commercial use. You may not use our Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful. By submitting an order, you represent and warrant the following to Heirloom: (a) no materials submitted to Heirloom are submitted in violation of any copyright laws; (b) any materials submitted were either created by you, you have the right to permit Heirloom to perform duplication services, or you have the permission of the copyright owner to duplicate the submitted materials; and (c) no materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law. By submitting an order, you understand that Heirloom is relying on these representations. You also agree that you will indemnify, defend and hold harmless Heirloom from and against any and all damages, costs, and expenses, including attorneys’ fees (i) arising from claims or demands brought by any third party against Heirloom regarding the infringement of any copyright law or violation of other applicable federal or state law stemming from materials you submitted or (ii) arising from or related to your breach of these Terms. Due to the volume of its operation, Heirloom cannot fully inspect all the analog media submitted to it. However, there are instances in which Heirloom may discover that the transmission of analog media to Heirloom, the content of such media, and/or your specific request for services with regard to such media violates state and/or federal law. In the event of such discovery, Heirloom will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities. You hereby understand and agree that any submission or request that violates state or federal law will result in your forfeiture of any privacy rights you may have with respect to such media, including, but not limited to, any rights under Heirloom’s Privacy Policy.
Digital Millennium Copyright Act. Heirloom takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it. If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Heirloom’s service to Heirloom Cloud Corporation, 5868 Mapledale Plaza, Woodbridge, Virginia 22193. When providing notice to Heirloom, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.
Heirloom’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact legal@heirloom.cloud.
Heirloom’s License to You. Heirloom grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND ARE SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. HEIRLOOM DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “HEIRLOOM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of Liability. THE HEIRLOOM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE HEIRLOOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE HEIRLOOM PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. By submitting media to HEIRLOOM for conversion, duplication, or any other service, you agree that if any such media is lost or damaged by us, it will be replaced only with an equivalent type of blank media or the cost of such blank media. For example, if you submit a videotape to HEIRLOOM for conversion, and it is damaged during the conversion process, you will be entitled only to a replacement blank videotape or the cost of replacing the physical tape, irrespective of what was on the original. The handling of your media by us is otherwise without warranty or liability.
Force Majeure. If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Heirloom relies; or any other unforeseen and external occurrence for which Heirloom is not responsible and could not predict which is required for the performance of its obligations, then Heirloom will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving Disputes. Any dispute or claim relating in any way to your use of our Services will be resolved by binding arbitration rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case attorney’s fees may be pursued. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply these Terms of Service as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Heirloom Cloud Corporation, 5868 Mapledale Plaza, Woodbridge, Virginia 22193. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. You agree that, if possible under all relevant rules, the arbitration will occur in the State of Virginia, in Lorton, VA, or as close to it as possible. If it is not possible under all relevant rules for the arbitration to occur in Virginia, then you agree that the arbitration may occur by telephone (which is usually more economical and easier for both parties) or may be based on written submissions. You and Heirloom both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.
Choice of Law. This contract is to be governed at all times by the laws of the State of Virginia applicable to agreements made and to be wholly performed within that state, without regard to its conflict of laws provisions or the conflict of laws provisions of any jurisdiction that would cause the application of any law other than those of the State of Virginia.
Ending these Terms. You may end these Terms with Heirloom at any time by canceling your Heirloom account and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Heirloom. The following provisions will survive termination of your relationship with Heirloom: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
General. Heirloom may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Heirloom regarding our Services. If you do not agree with our Terms, you should stop using our Services. If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at legal@heirloom.cloud.
