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Terms and Conditions   Welcome to Yourintangibletreasures.com. The yourintangibletreasures.com website (the “Site”) is comprised of various web pages operated by Intangible Treasures. yourintangibletreasures.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of yourintangibletreasures.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. Yourintangibletreasures.com is an E-Commerce Site. 

These are the Terms & Conditions under which Intangible Treasures provides you, whether you are a customer, have signed up/been invited to sign up for a project or account, a vendor, or contributor, or a visitor of our website. Following your order confirmation or your participation in the process, you will be deemed to have accepted these Terms & Conditions and the document below will be a legally enforceable agreement between you and Intangible Treasures. Please, ensure you read, understand, and accept these Terms & Conditions before ordering a product or participating in a family legacy project with us. 

General Terms Acceptable Use: You may use our Services only as permitted by law and you may not misuse our Services in any way.For example, you may not

1.   Access or use our Services to abuse, defame, slander, harass or threaten anyone,

2.   Share any materials with us or through the Services that are obscene, inappropriate or objectionable, such as pornographic materials or materials that are racist, malicious or violent;

3.   Use the Services to transmit any viruses or similar destructive items; or interfere with our Services or a user’s ability to access them, such as by hacking them or accessing another user’s account.We may suspend or stop providing our Services to you at any time, including if you do not comply with these Terms or any other policies or if we are investigating suspected misconduct.‍

Privacy  Your use of yourintangibletreasures.com is subject to Intangible Treasures Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.  

Electronic Communications  Visiting yourintangibletreasures.com or sending emails to Intangible Treasures constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.  

 

Personal Information Any information retained and used by Intangible Treasures falls under the Privacy Policy. You expressly agree that we can contact you using e-mail or other electronic communication methods, by pre-paid post and by phone. We will try to stick to your preferred mode of communication. You provide us with permission to use your front and back cover for promotional purposes. You can withdraw such permission at any point in time via an email with the header “Permission Withdrawal” to [email protected]. We will comply with your request as soon as practically possible.  In certain instances, we will request permission to use further Content for promotional purposes. We will not publish any of this content unless you provide us with your explicit permission. 

Content Submitted by you:  When you upload or otherwise provide written materials, photographs, voice and/or video recordings or other content (aka the “Content”), you retain ownership of any intellectual property rights in that Content and merely give us a license to use the Content to provide the Services to you and for any other purpose you have agreed to (for example, if you have agreed to allow us to use your Content or product for marketing purposes).

Such license granted to Intangible Treasures is worldwide, perpetual, sublicensable and transferable. In short, what belongs to you stays yours – we will merely use that Content as agreed on with you. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Services is proprietary to, and will remain with, us. 

You are fully responsible for the Content you share with us. If you share the Content publicly, you do so at your own risk and Intangible Treasure will not be responsible for any users’ actions with regards to such Content. 

You hereby represent and warrant that you own the Content or otherwise have the rights to share the Content with us and to allow us to use it as set forth herein, and the Content will not infringe, misappropriate or otherwise violate the intellectual property rights or other rights of a third party.

For any videos or photos you provide to and agree to be used by Intangible Treasures for marketing purposes , if anyone else appears in that Content, you must receive their permission to share the Content with Intangible Treasures. If any such person is under the age of 18, you must obtain permission from such person’s parent or guardian.  While we don’t typically review our customers’ Content, we see a subset of Content as part of providing our Services, for example when providing customer support (see more in our Privacy Policy). If we come across Content which we determine is illegal or violates our policies,  we may remove, filter or refuse to display Content that we reasonably believe violates our policies or the law. That does not necessarily mean that we review Content, so please don’t assume that we do. 

We are not responsible for any loss or removal of your Content, and you should keep back-up copies of your Content in your own records. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.   

Copyright & Confidentiality Intangible Treasures , Contributors and Customer agree that the copyright of any Content that is provided is automatically passed on to the customer and Intangible Treasures. The customer has the right to share the Book both electronically and in print, with friends, family members and colleagues. The customer is liable for any damages as a result of complaints made about the Content by third-parties including defamation charges.

Books are NOT produced for publishing to the general public. Unless otherwise agreed in writing, Books are private and confidential.

Customer and Intangible Treasures share the copyright of the Book and any draft versions of the Book or the manuscript. This means customer cannot publish the Book or any part of it, without the permission of the Intangible Treasures; and vice versa. Please let your Intangible Treasures know if you would like to publish your book more widely. Intangible Treasures can grant you these rights by agreeing to some additional financial and legal terms, which are for your and our legal protection, in writing. You can request a draft copyright transfer agreement at any point.

If you publish any Content or any content is published on your behalf, you assume full responsibility for the publication and hold Intangible Treasures harmless for any damages resulting from that publication, even if the publication is facilitated or executed by Intangible Treasures.

In accordance with this Agreement, Intangible Treasures does not grant Customer an exclusive right to sell the Products(s) of Intangible Treasures under the terms of this Agreement. Failure to follow these terms will result in financial penalties and legal action. 

Your Account  If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Intangible Treasures is not responsible for third party access to your account that results from theft or misappropriation of your account. Intangible Treasures and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  

 

Price & Payments The price of the products and any additional delivery or other charges is the price set out on the Website at the date of the order or such other price as we may agree in writing and confirm in your Order Confirmation. You will provide us the opportunity to correct any errors we make when quoting a tailored package.

Prices and charges include sales tax at the rate applicable at the time of the Order. Please inform us if you are a business, as different sales tax rates may apply. You must pay by submitting your credit or debit card details with your Order. You can pay in full or through 4 equal monthly installments of the total purchase price.

 

The first payment is a refundable deposit. It is due before the start of the process. Please see withdrawal, cancellation, and refund terms below if additional information is needed. 

For more custom packages we may agree different payment terms, however terms must be put in writing and agreed upon between both parties. Upgrades are invoiced immediately and need to be paid before we can proceed with the process.Any invoice we send to you is due for payment within 7 days.We reserve the right to suspend all work on your project if any payment is overdue. 

Withdrawal, Cancellation, and Refunds  You can cancel the Order by sending an email with the title “Order Cancellation” to [email protected]. You don’t need to give us a reason however you may not be eligible for a refund. 

Our products are personalized. Printing is a small part of the cost of the product Intangible Treasures provides. Therefore, if you would like to cancel a project once the writer, designer, illustrator or any other person providing a service directly related to your project has begun work, your ability to request a refund is limited and not promised. 

In relation to partial refunds, if you cancel: Within 5 days since the Order, you can retrieve 80% of the price of your package if you have paid in full; You are no longer eligible for refunds after 5 days since the Order due to our quick turnaround time. We will make any applicable reimbursement without undue delay, and not later than 14 business days after the day on which we are informed about your decision to discontinue our services. 

We will make the reimbursement using the same means of payment as you used for the initial transaction. We are not able to repay by check.If you do not communicate with Intangible Treasures for more than 30 days during the course of your project without informing us about this beforehand, we terminate your project with no refund . Intangible Treasures agrees to attempt to contact the customer at least 5 times by email or voicemail or a combination during this 30 day period. 

We ask that all parties keep communication respectful at all times. Intangible Treasures reserves the right to cancel projects where abusive behavior is directed towards our team, whether abuse occurs in person, in writing, or over video or phone call(s). Examples of abusive behavior include swearing, derogatory tones of voice and/or sexist, racist, homophobic, transphobic or otherwise bigoted language, and any other behavior that Intangible Treasures will reasonably deem to be abusive.

In severe cases, the customers project will be immediately terminated and the customer will not be eligible for a refund. Intangible Treasures reserves the right to inform authorities of threatening and violent behavior. 

Delivery We will deliver products to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay. If any step in the process is delayed by the customer or a Contributor, delivery of the products is likely to be delayed.We have no opportunity to store products. Therefore, if you are dispersing copies to family members and delivery fails you may need to reorder additional copies and pay again for your Books and shipping.

The products will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.

We will replace products that arrive with printing defects or shipping damage. We ask that you send us photographs for our documentation and send an email to [email protected] within 48 hours of receipt of your product. Once the 48 hours have passed, Intangible Treasures is no longer responsible for any damage or defects. We do not offer any warranties with respect to the products. 

Links to Third Party Sites/Third Party Services  yourintangibletreasures.com may contain links to other websites (“Linked Sites”). We take pride in ensuring that we only work with third parties that we trust however the Linked Sites are not under the control of Intangible Treasures and Intangible Treasures is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Intangible Treasures provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Intangible Treasures of the site or any association with its operators.    

  Certain services made available via yourintangibletreasures.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the yourintangibletreasures.com domain, you hereby acknowledge and consent that Intangible Treasures may share such information and data with any third party with whom Intangible Treasures has a contractual relationship to provide the requested product, service or functionality on behalf of yourintangibletreasures.com users and customers.   

No Unlawful or Prohibited Use/Intellectual Property  You are granted a non-exclusive, non-transferable, revocable license to access and use yourintangibletreasures.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Intangible Treasures that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

     All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Intangible Treasures or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.     

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Intangible Treasures content is not for resale.

Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. 

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Intangible Treasures and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Intangible Treasures or our licensors except as expressly authorized by these Terms.   

International Users  The Service is controlled, operated and administered by Intangible Treasures from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Intangible Treasures Content accessed through yourintangibletreasures.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

Indemnification  . You agree to indemnify, defend and hold harmless Intangible Treasures, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Intangible Treasures reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Intangible Treasures in asserting any available defenses.   

   Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. 

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. 

The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.     

Class Action Waiver  Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Intangible Treasures agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.   

 

Liability Disclaimer  THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INTANGIBLE TREASURES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.   

INTANGIBLE TREASURES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INTANGIBLE TREASURES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.     

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTANGIBLE TREASURES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTANGIBLE TREASURES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.    

 

Termination/Access Restriction  Intangible Treasures reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.    

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Intangible Treasures as a result of this agreement or use of the Site. Intangible Treasures’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Intangible Treasures’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Intangible Treasures with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.    

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Intangible Treasures with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Intangible Treasures with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms  Intangible Treasures reserves the right, in its sole discretion, to change the Terms under which yourintangibletreasures.com is offered. The most current version of the Terms will supersede all previous versions. Intangible Treasures encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us Intangible Treasures welcomes your questions or comments regarding the Terms:     Intangible Treasures       Email Address:  [email protected]        Effective as of March 01, 2024  

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