1. General

Thank you for accessing https://www.heritagebox.com. The following constitutes the terms of use including any of the documents expressly incorporated by reference which includes among others without limitation, our Privacy Policy collectively known as (the “Terms of Use”), governing your access to and use of https://www.heritagebox.com including its functionality, content, and services offered through this website (the “Website”) and any of its incidental offers therein.

Kindly read carefully our Terms of Use prior to using our Website and by accessing, using the site, including browsing or submission of information to this Website, you thereby acknowledge that you have fully read, understood, and agreed to be bound thereby with our Terms of Use, and in addition thereto, comply with all applicable State, Federal Laws and Regulations.  

You agree that this Terms of Use together with your act of using our Website have the same legal ramifications as that of a written contract with your signature duly affixed herein which satisfy any laws requiring a writing or signature including any applicable statute of frauds. You likewise agree that in no instance shall you challenge the validity, enforceability or admissibility of our stated Terms of Use solely because the same was electronically authorized or transmitted.

Should you not agree to be bound by our Terms of Use, you must immediately cease accessing or using our Website. We have all the right to update, revise or amend our Terms of Use at any time without notice to our users.  You are therefore encouraged to visit our Website from time to time to be updated with our Terms of Use. Any changes will be posted in our Website at the earliest opportune time. You may check this section from time to time for any incorporated changes as your use of our Website indicates unequivocal agreement to be bound by such changes.

1. Updates and Modifications

There will be instances wherein https://www.heritagebox.com will need to periodically update our Terms of Use.  HERITAGEBOX reserves its right to update, revise or amend these Terms of Use without due notice among its users at any time. Such update, modification, revision or amendment will be immediately effective upon posting the modified, revised, updated or amended Terms of Use on our Website.  The responsibility to review our Website lies on each individual user to ensure that you continue to agree with our Terms of Use in its entirety.

III. Our Privacy Policy

https://www.heritagebox.com maintains a separate Privacy Policy which details the information we gather and how we utilize the same. For our detailed Privacy Policy, kindly refer to the Privacy Policy of HERITAGEBOX on the next page or by clicking here.

1. Eligibility

Only adults are offered with the services of https://www.heritagebox.com whose purchase will go through upon presentation with a valid credit card or any other mode of payment permitted.  Any user below the age of 18 can access HERITAGEBOX services provided such minor is under the supervision of an adult parent or guardian.

1. Service Refusal

It is discretionary on the part of HERITAGEBOX to refuse services to any person, terminate an account, reject the performance of the requested services on any material or cancel any orders previously approved. Such refusal shall not in any way be used against HERITAGEBOX in any proceeding.

1. Public Use Requests

Materials are occasionally submitted to HERITAGEBOX that has the potential of making an excellent promotional material such as an outstanding photo or video clip from a wedding.  Prior to our use of any submitted materials publicly, we will endeavor to request your approval allowing us to use the same.  You are not in any way obliged to consent to such request, you have the right to decline the use of HERITAGEBOX of such material submitted to us.

VII. Policy on Returns

HERITAGEBOX shall accept any request for returns or refund provided it is made within 30 days from the completion of the corresponding order.  An order is classified to be completed from the moment HERITAGEBOX ships the product through a shipping carrier for delivery to you – the 30 day period commence thereon.  

While HERITAGEBOX is under no obligation to entertain any returns past the 30 day period, we may take returns on our sole discretion although the 30 day period has lapsed. Thus, if you believe that your circumstances will entitle you to a return despite the lapse of the allowed 30 day period, kindly contact us immediately to relay your concerns.

There may be instances beyond our control where items may arrive at our offices in a condition that is unplayable or defective.  Should this happen, we will review the material, facilitate a re-transfer of the material, or pay the shipping to return the materials to you – as conditions may allow. In the said circumstances, we will not impose any additional fees for review, return shipment, or re-transfers.

In an event that such material is no longer transferable due to age, format, fragility, damage, or any other condition in which HERITAGEBOX is not responsible of, a refund of the transfer price shall be provided to you and whenever possible, your original material will likewise be returned. In this instance however, HERITAGEBOX shall not be liable for any shipping cost of returning an order back to our facilities.

VIII. Risks of Loss

HERITAGEBOX offers the service of transferring and converting various media into different forms but it does not provide any services which relates to shipment of such media to or from its offices. Any services purchased from HERITAGEBOX are custom-made based on a shipment contract. Hence, the risk of loss of your media passes to HERITAGEBOX only when such material is received in our offices, and terminates and revert back to you once HERITAGEBOX deliver your media to a shipping carrier either FedEx, USPS, DHL, etc.  Your act of shipping any media to HERITAGEBOX constitute your acknowledgement that the company is not responsible for late, damaged, lost or misdirected mail.

1. Added-Safety Protection for your Package

In no instance shall HERITAGEBOX guarantee that your media will not be damaged accidentally while in transit or under the possession of the shipping carrier, nor does the company assume the risk of loss of any loss media while being transited.  The risk of loss remains with you during the transit, bearing all responsibility of any loss or damage of your original content until it is received by the company.  

If you have purchased the Added-Safety Protection Package, your shipment to HERITAGEBOX is guaranteed either with $500 or $1,000 in Added-Safety Protection which offers limited protection in an event of a complete package loss or misdirection while in the possession of a shipping carrier. 

The return shipment from the company to you is guaranteed with a 30 day on-site digital backup as Added-Safety Protection in the unlikely event of a complete package loss or misdirection while in the possession of a shipping carrier.

You likewise further acknowledge and agree that such safe handling guarantee is a reasonable estimate of the damages suffered by you as a result of the loss of your order and the same does not amount to a penalty imposed against HERITAGEBOX. The Added-Safety Protection Package is therefore not an insurance and HERITAGEBOX is not an insurer of any sort.  

This Safety Protection Package is optional and should you choose to have one, the same only covers complete package loss or misdirection while in the possession of the shipping carrier. This Added-Safety Protection Package is not a substitute for improper or negligent packing and said plan shall not cover any damage to media that were not packed in accordance with HERITAGEBOX specifications and instructions. Our recommendations for packing your media can be accessed through: https://www.heritagebox.com/pages/how-it-works.

1. Liability Limitation

Your media submission to HERITAGEBOX means that you understand and agree that the company’s liability is limited in each of the following circumstances:

1. The Website and all information, content, materials, and services included or otherwise made available through the Website are provided by HERITAGEBOX on an “as is” and “as available” basis unless otherwise provided specifically in writing.
2. HERITAGEBOX disclaims all warranties whether express or implied including merchantability and fitness for a particular purpose.
3. No representations or warranties is made by HERITAGEBOX of any kind whether express or implied, regarding the operation of the Website or the information, materials, content, or services included therein or made available through it, unless provided in writing otherwise.
4. Although HERITAGEBOX endeavor for perfection, we do not represent or guarantee in any way that the provided services shall be error-free nor that all defects shall be properly corrected.
5. No representations or warranties of any kind is made by HERITAGEBOX regarding its order tracking system. Your order tracking information is provided merely for convenience but it does not in any way guarantee the accuracy of any order tracking information. The use of our Website signifies that you are not relying on the accuracy of any order tracking information.
6. In no way shall HERITAGEBOX warrant that any of its services will satisfy the particular purpose intended by any of our user.  HERITAGEBOX is not liable for any consequential, incidental, special or punitive damages, any loss of future revenue or income, lost opportunities, lost profits, loss of business reputation or opportunity which relates to any breach or any alleged breach of our Terms of Use. Our limitation of liability shall be effective regardless of whether such liability arises from a breach of contract, tort, strict liability, or any other equitable legal theory.

Your media submission to HERITAGEBOX for conversion, duplication, or any other service, you thereby agree that should such media is either lost or damaged by us, it will only be replaced with an equivalent type of blank media or in the alternative, the cost of such blank media. 

For instance, if you submit a video tape for conversion and the same is damaged during the conversion process, you are only entitled to a replacement of a blank video tape or in the alternative the cost of replacing the physical tape, regardless of what was on the original. While we endeavor to exercise the due diligence needed in caring for your submitted media, we manifest no warranty or liability in handling your media.

1. Force Majeure or Fortuitous Event

If any loss, damage, non-performance, or delay is a result of acts of God or any natural disaster or catastrophe such as war, invasion, other hostilities including acts of terrorism, rebellion, or any other materially disruptive military or political event, labor dispute, power failures or other disruptions on services and utilities relied upon by HERITAGEBOX, or any other unforeseen and external occurrence for which the company is not responsible of, nor could predict what is required for the performance of its obligations, HERITAGEBOX shall not be liable for any damage, loss, delay, or non-performance of services as a result thereof to the full extent excused under applicable laws.

XII. Intellectual Property

All content included in this Website which includes logos, text, button icons, graphics, audio clips, images, digital downloads, data compilation and software whether in the public domain or is the property of HERITAGEBOX and is protected under U.S. and international copyright infringement laws.  All items taken from the public domain are designated as such and all others are property of HERITAGEBOX and thus, may not be used without our written permission.

All content on the Website is the exclusive property of HERITAGEBOX and is therefore protected under U.S. and international copyright infringement laws.  All the software used in our Website is the exclusive property of HERITAGEBOX or its suppliers of its software and is likewise protected under U.S. and international copyright infringement laws.  

XIII. Your Warranties

Your continued use of the Website shall only be for lawful purposes and only for your personal and non-commercial use.  You are prohibited in using the Website to transmit, post, download, distribute, copy, display publicly, store or destroy material:

1. In violation of any applicable law or regulation;
2. In a manner which infringes the patent, trademark, copyright, trade secret or other intellectual property rights belonging to others or violate the privacy, publicity or other personal rights of others; or
3. Which is libelous, obscene, offensive, defamatory, abusive, threatening or hateful.

Your order submission represents and warrants the following to HERITAGEBOX:

1. Materials submitted were either created by you, you have the right to permit HERITAGEBOX to conduct any duplication services, or you have the permission of the copyright owner to duplicate the submitted materials;
2. No materials submitted to HERITAGEBOX are in violation of any copyright laws; 
3. No materials submitted are libelous, offensive, obscene, threatening, abusive, defamatory, and hateful or otherwise violate state, federal law, or other rights of a third party; and
4. Your submission of an order signifies your understanding that HERITAGEBOX is relying on the following representations:
5. You shall not violate or encourage the violation of any legal rights of others;
6. Intentionally spread or distribute Trojan horses, viruses, worms, corrupted files, hoaxes, or other items that are of destructive nature;

iii. Interfere with the use of the Website;

1. Create accounts assigned to business functions rather than to human beings for the purpose of sharing files either within or outside the Website;
2. Alter, interfere with, disable or circumvent any aspect of the provided services in the Website; and
3. Grant multiple persons access to an individual account other than through a delegation feature as provided within the Website. 

You likewise agree to indemnify, defend, and hold harmless HERITAGEBOX from any damages, costs, and expenses including attorney’s fees:

1. Which arises from claims or demands brought by a third party against HERITAGEBOX with regards to infringing any copyright law or violation of other applicable state and federal law arising from the materials that you have submitted; or
2. One which arises from or related to your breach of any of these Terms of Use.

As a necessary consequence of the volume of HERITAGEBOX operation, the company cannot fully inspect all of the media submitted although there may be instances in which HERITAGEBOX may discover that the media transmission contains, and/or your specific request for services with regard to such media violates state/and or federal law. Upon such discovery, HERITAGEBOX will take all the necessary undertaking to comply with its own obligations under applicable law, including but not limited to, reporting to and complying with relevant authorities.  You therefore understand and agree that any submission or request which violates state or federal law will result in the forfeiture of any privacy rights that you may have to such submitted media, including, but not limited to, any rights under HERITAGEBOX Privacy Policy.

XIV. DMCA – Digital Millennium Copyright Act

HERITAGEBOX undertakes its obligation under the DMCA seriously and complies with all its mandate, the company shall immediately respond to any claims of copyright infringement submitted to it.

If you are a copyright owner or is acting on a representative capacity, kindly report any alleged copyright infringements taking place in the Website to HERITAGEBOX with the following details below:

Attention: _______________________________

Address: HERITAGEBOX LLC 

    7935 West Drive, Unit 1005

    North Bay Village, FL 33141

In providing notice to us, kindly:

1. Identify the copyrighted work being infringed;
2. Provide the details of the copyright owner;
3. Provide why such use is not qualified under the “fair use doctrine”; and
4. State under the penalty of perjury that the provided information are accurate and you are either the owner or legally authorized by the owner. 
5. Assignability

Your rights and obligations under these Terms of Use cannot be assigned to any third party whether voluntarily or as a result by operation of law without the prior written consent of HERITAGEBOX. Any assignment or unapproved delegation by you without HERITAGEBOX prior written consent, is null and void and bereft of any legal force or effect.

XVI. Governing Law

This contract shall be governed at all times by the laws of the State of Florida applicable to agreements made and to be wholly performed within that state, with no regard to any conflict of laws provisions or the conflict of laws provisions in any other jurisdiction that would cause the application of any applicable law other than those of the State of Florida.

XVII. Arbitration and Forum Choice

All disputes or claims which relate to your use of the services of HERITAGEBOX, or arising out of your visit of this Website, shall be resolved through a binding arbitration prior to resorting to the ordinary courts.  You therefore agree that both parties shall be responsible for their own costs and attorney’s fees where applicable, unless such claim is frivolous in which case attorney’s fees may be pursued against the erring party.

In arbitration, there is no judge or jury and therefore the court’s review of an arbitral award is limited.  However, it is within the tenets of the power of the arbitrator to award the same damages and relief as a court on an individual basis may award, following and applying these Terms of Use as any court would do.

In commencing an arbitration proceeding, you must first send a letter requesting for arbitration describing your claim to our registered agent at HERITAGEBOX:

Attention: _______________________________

Address: HERITAGEBOX LLC 

    7935 West Drive, Unit 1005

    North Bay Village, FL 33141

The arbitration is to be conducted by the American Arbitration Association (AAA) under its rules and Supplementary Procedures for Consumer-Related Disputes. The rules adhered by the AAA can be accessed through www.adr.org or by calling 1-800-778-7879 and payment of all filing fees, administration and arbitrator fees shall be governed by the AAA’s rules.

You also agree that whenever possible and practicable under all relevant rules, the arbitration shall be conducted in the State of Florida in North Bay Village or as close to said venue as possible. If not possible under all relevant rules to be conducted in the State of Florida, then you agree that the arbitration can be conducted through teleconferencing which is usually cheaper and more convenient for both parties, or may be based solely on written submissions by the parties.

XVIII. Disputes as Individuals

You and HERITAGEBOX voluntarily agrees that any dispute resolution proceedings whether brought judicially or through arbitration shall only be conducted on an individual basis and not in a class suit nor any other consolidated or representative action.

XIX. Severability

Should any competent court or arbitral award association declares any part of this Agreement to be invalid, void, or otherwise unenforceable, then only such part will be severed and deemed unwritten into this Agreement. The remaining parts not declared to be invalid, void or unenforceable shall not be affected and shall continue to be in full force and effect.  Any declared unenforceable part will merely be considered as though not written and was never a part of this Agreement.

1. Entire Agreement

This Terms of Use represents the entire agreement between you and HERITAGEBOX. No other representations other than the individual price quote given by HERITAGEBOX, whether oral or written shall form any part of your agreement with HERITAGEBOX. 

No modification, amendment or revision can be effected in this Terms of Use even by a personnel of HERITAGEBOX unless the same is reduced in writing and no provisions can be waived herein by either party except in writing.