TERMS AND CONDITIONS
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or App) or you are a “Member” (which means that you have registered with Handwritten Legacies and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.
Amendments. Handwritten Legacies may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by Handwritten Legacies on the Website, (2) for existing Users, thirty (30) days after posting by Handwritten Legacies on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after Handwritten Legacies sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Handwritten Legacies Account (the “Account”) may be deleted without warning if we believe that you are younger than eighteen (18).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My Handwritten Legacies Account” page. HANDWRITTEN LEGACIES MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Handwritten Legacies profile information from our live databases as well as any Content that you uploaded to the Handwritten Legacies Website or App using such Account. Handwritten Legacies will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that Handwritten Legacies reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Handwritten Legacies on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Handwritten Legacies as set forth on the Website or in the App.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Handwritten Legacies currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Handwritten Legacies invoices the credit card for all amounts due and payable. By providing Handwritten Legacies with your credit card number and associated payment information, you agree that Handwritten Legacies is authorized to immediately invoice your account for all fees and charges due and payable to Handwritten Legacies as a result of your purchase of any Books or other products. You agree to immediately notify Handwritten Legacies of any change in your billing address or the credit card used for payment hereunder. Handwritten Legacies reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Handwritten Legacies with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. Handwritten Legacies may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Handwritten Legacies has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Handwritten Legacies Customer Service, 9076 Dallasburg Rd Morrow, Oh 45152. If Handwritten Legacies does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Handwritten Legacies or its agents.
4.4 Returns. All sales of Books and other products are subject to Handwritten Legacies’s then-current return policies, as posted on the Website.
4.5 Gift Cards. You agree to the terms and conditions for gift cards that Handwritten Legacies offers (“Gift Cards”) as may be found here and which are hereby incorporated by reference and may be amended from time to time by Handwritten Legacies in its sole discretion.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Handwritten Legacies’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Handwritten Legacies reserves the right at any time after receipt of your order to accept or decline your order for any reason. Handwritten Legacies further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Handwritten Legacies upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss. All sales of Books and other products are made FOB shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent, FOB.
7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Handwritten Legacies immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Book Content.
8.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to Handwritten Legacies for Books and print services, or that you contribute to the Books of other Members. HANDWRITTEN LEGACIES HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 License. In order for Handwritten Legacies to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
8.3.1 License to print your Books. You hereby grant to Handwritten Legacies an exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that are purchased by others, and for any other related purpose that you authorize. You agree that Handwritten Legacies reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
8.3.2 License to use your Book Content for other Handwritten Legacies features. In the event you decide to use any optional feature that Handwritten Legacies may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to Handwritten Legacies a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for Handwritten Legacies to provide such optional feature.
9. Handwritten Legacies Content. The Services contain Content of Handwritten Legacies and its licensors (“Handwritten Legacies Content”). Handwritten Legacies and its licensors (including Users) own and retain all proprietary rights in the Handwritten Legacies Content and the Services. You shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Handwritten Legacies Content.
10. Other Content. Notwithstanding Section 8.3.2 above, You hereby grant to Handwritten Legacies an irrevocable, perpetual, exclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content. Examples of Other Content include your digital correspondences with Handwritten Legacies via social media, any public information you upload about a Book through our Website or App, and public profile information you provide through our Website or App. We may use Other Content in our internal and external marketing materials as well as to provide you with better service and support.
11. Your Content and Activity. You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that Handwritten Legacies retains the right to create limits on Handwritten Legacies’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content. HANDWRITTEN LEGACIES RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold Handwritten Legacies and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
11.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Handwritten Legacies. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.5 Enforcement by Handwritten Legacies. Handwritten Legacies has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Handwritten Legacies violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Handwritten Legacies, its suppliers, service providers, partner companies, or any User. Handwritten Legacies reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy. It is Handwritten Legacies’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to Handwritten Legacies by the copyright owner or the copyright owner’s legal agent.
13. Limited Warranty.
13.1 Limited Warranty for Books. Handwritten Legacies warrants that, subject to minor differences across products and printing partners as described in Handwritten Legacies’s Return Policy, Books will be free of any material defects in materials and workmanship. Handwritten Legacies will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
13.2 Exceptions to Warranty. Handwritten Legacies does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS SUBMITTED. Therefore, you agree that you will not submit Book Content unless it has been fully proofed and you are satisfied that it is ready to be published. Handwritten Legacies is not responsible for any incorrect or inaccurate Content. Handwritten Legacies is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or App or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Handwritten Legacies be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or App or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
13.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 13.1 ABOVE, (B) HANDWRITTEN LEGACIES EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT HANDWRITTEN LEGACIES’s CUSTOMER SUPPORT.
14. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, HANDWRITTEN LEGACIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HANDWRITTEN LEGACIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HANDWRITTEN LEGACIES’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50), OR THE AMOUNTS YOU PAID TO HANDWRITTEN LEGACIES IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE HANDWRITTEN LEGACIES’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF HANDWRITTEN LEGACIES OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Release. You hereby release Handwritten Legacies, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Indemnity. You agree to defend, indemnify, and hold Handwritten Legacies, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
17. Electronic communications. The communications between you and Handwritten Legacies use electronic means, whether you visit the Website or App or otherwise use the Service or send Handwritten Legacies e-mails, or whether Handwritten Legacies posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Handwritten Legacies in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Handwritten Legacies provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
18. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Ohio without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Handwritten Legacies agree to submit to the jurisdiction of, and agree that venue is proper in, the courts located in Warren County, Ohio (USA) and the federal courts located in the Southern District of Ohio (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Handwritten Legacies may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from Ohio law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Handwritten Legacies Services.
19. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, that would reasonably contradict anything in this section.
20. Notices. Handwritten Legacies may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Handwritten Legacies, or by written communication sent by first class mail or pre-paid post to your address on record with Handwritten Legacies. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Handwritten Legacies, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by Handwritten Legacies) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Handwritten Legacies at the following address: Chief Operating Officer, Handwritten Legacies 9076 Dallasburg Rd Morrow, OH 45152
21. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
23. Copyright/Trademark Information. Copyright © 2018, Handwritten Legacies. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website and App or in connection with the Services are the property of Handwritten Legacies or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.