Heirloom Terms of Service & Privacy Policy

Heirloom finds great joy in helping our customers best manage their digital life files. 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.

Terms of Service

Heirloom Cloud LLC (“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. We will return your original materials and you will not be charged any fee if your materials are not transferable due to age, fragility, format, damage, or any other condition for which we are not responsible.

Risk of Loss. Heirloom’s Services include the transferring and converting various analog media into different digital formats, and requires 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 does insure your analog materials from risk of loss from the time they are picked up from a commercial carrier, through processing at the Heirloom digitization facility, until the materials are returned to you by a 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 LLC, 9435 Lorton Market Street #733, Lorton, Virginia 22079. 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 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 VIDEO TAPE TO HEIRLOOM FOR CONVERSION, AND IT IS DAMAGED DURING THE CONVERSION PROCESS, YOU WILL BE ENTITLED ONLY TO A REPLACEMENT BLANK VIDEO TAPE 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 LLC, 9435 Lorton Market Street #733, Lorton, Virginia 22079. 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 cancelling 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.

Privacy Policy

Heirloom utilizes state-of-the-art security measures and 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.

Information You Give Us. We collect your name, email address, postal mailing address, telephone number, username, password, and other information you provide to us. This is used to provide our Services to you and other Heirloom users. You may optionally add other information to your account, such as a profile name and profile picture. This information is end-to-end encrypted.

Information We Get from Others. We may get information about you from other sources. We may add this to information you provide to us.

Information Automatically Collected. We automatically log technical information and store it on our servers, including randomly generated authentication tokens, keys, push tokens, and other material that is necessary for Services. Heirloom limits this technical information to the minimum required to operate the Services.

Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. Cookies help us make our website and your visit better. We use cookies to see which parts of our website people use and like and to count visits to our website.

Web Beacons. We may log information using digital images called Web beacons on our website or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.

Use of Your Information. We use your personal information to operate, maintain, and improve our Services. We use your personal information to respond to comments and questions and provide customer service. We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. We use your personal information to appropriately communicate about upcoming events and other news. We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Sharing Your Information. We may share personal information only with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies. We may share aggregated information when we do a partnership deal, or negotiate a partnership deal, involving sale or transfer of all or a part of our organization or assets. We may share personal information for legal, protection, and safety purposes. We may share information to comply with laws. We may share information to respond to lawful requests and legal process. We may share information to protect the rights and property of Heirloom, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use. We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.

Control of Your Information. You can request information about and updates to your personal information. Our marketing emails explain how to "opt-out." If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Third Parties. We work with third parties to provide some of our Services. For example, our third party providers send a verification code to your phone number when you register for our Services. These providers are bound by their Privacy Policies to safeguard that information. If you use other third party services like YouTube, Spotify, Giphy, etc. in connection with our Services, their Terms and Privacy Policies govern your use of those services.

Changes to the Privacy Policy. Heirloom reserves the right, at its sole discretion, to modify or replace the Privacy Policy at any time. If the alterations constitute a material change, Heirloom will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Heirloom’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the Privacy Policy shall constitute your acceptance of the Privacy Policy as modified.

Contact Us. If you have questions about our Privacy Policy please contact us at legal@heirloom.cloud or postal mail at: Privacy Policy, Heirloom Cloud LLC, 9435 Lorton Market Street #733, Lorton, Virginia 22079.


Updated August 26, 2019
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