Terms of Service
Photokive | Last updated: September 23, 2026
This website is operated by PHOTOKIVE. Throughout the site, the terms “we”, “us” and “our” refer to PHOTOKIVE, a brand of The Kive Company. PHOTOKIVE offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These Terms include important provisions regarding the risk of loss or damage to the physical photographs and albums you send to us (see Sections 7 and 8), a disclaimer of warranties, a limitation of liability, and an arbitration agreement with a class action waiver.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Photokive is a service for converting your physical photo albums and loose photographs into digital format. We provide shipping materials, including our Photokive Memory Box and prepaid labels, for you to send us your albums and photos, and we include return shipping for sending the original items back to you.
Each Photokive Memory Box (a “Box”) includes a protective bag for your albums, a folder and organizational labels for loose photos, an instruction insert, a small tracking device, and a prepaid return shipping label. We ship approximately one Box for every six standard albums in your order. Our album digitization process is designed to capture photographs in place, without removing them from their pages or sleeves.
Every order includes access to a Photokive Concierge who can assist with packing, shipping, and your digitized images. For larger orders (as a guide, more than twelve albums), we may ask you to share photos or dimensions of your albums, or to schedule a brief call, so that we can send the right number of Boxes and plan appropriate shipping before your Boxes are sent. We may hold shipment of Boxes until that information is provided.
Step 1: Initial Checkout and Deposit. At checkout, the User will estimate the number of albums and loose photos in their order and pay a deposit equal to the percentage of the estimated order total shown at checkout or pay in full (“Checkout Payment”). The Checkout Payment reserves your Box(es) and Concierge Support and is applied against your final invoice. After the User's Checkout Payment is confirmed, we will send the User the Box(es) with return shipping label(s) in order for the User to ship photo albums and photos to us.
ONCE YOUR PHOTOKIVE BOXES ARE SHIPPED, YOUR ORDER IS NONCANCELLABLE AND THE CHECKOUT PAYMENT IS NON-REFUNDABLE. BY PAYING THE CHECKOUT PAYMENT YOU ACKNOWLEDGE THAT IT WILL NOT BE REFUNDED, INCLUDING IF YOU CHANGE YOUR MIND, DO NOT SHIP YOUR ALBUMS AND PHOTOS TO US, SHIP FEWER ITEMS THAN YOU ESTIMATED, OR DO NOT COMPLETE YOUR ORDER, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY STATED IN THESE TERMS.
The Checkout Payment is credited toward your final invoice. If the final price of your order, based on the albums and loose-photo sets actually received, is less than the Checkout Payment, the difference is retained by Photokive as a fee for Boxes, shipping and Concierge Support provided and will not be refunded. If you do not ship your Materials to us within twelve (12) months after your Box(es) are delivered, your order will be treated as abandoned, the Checkout Payment will be retained, and any later submission will require a new order at then-current pricing.
The Checkout Payment will be refunded only if (a) Photokive cancels your order for reasons other than your breach of these Terms, (b) we are unable to ship Box(es) to your address, or (c) applicable law requires a refund.
Step 2: Final Invoice. Upon receipt and processing of your physical albums and photos, you will receive a Final Invoice for the balance due based on the albums and loose-photo sets actually received and processed. Albums are priced per album, as shown on our pricing page at the time of your order. Loose photographs are priced per set of up to one hundred (100) prints; a partial set is billed as a full set. If you send more albums or loose photos than identified at the time your Checkout Payment was calculated, the additional albums and sets will be added at the applicable rate. User payment of the final invoice is required to complete the User's order and receive access to the User's digital images.
If a final invoice remains unpaid thirty (30) days after issuance despite reasonable notice, we reserve the right to charge interest or late fees as applicable by law.
Additional services, such as colorization or image enhancement, are available at extra charges as specified on our pricing page or as provided upon request.
After your digital images have been delivered, you may order Custom Photo Books that reproduce the pages of a digitized album or a collection of individual images in hardcover at the prices shown on our website. Custom Photo Books are custom printed from your digitized images by our print partner and are shipped to you at your expense. Because they are made to order, Custom Photo Books cannot be cancelled once submitted for printing.
Custom Photo Book Guarantee: If a Custom Photo Book arrives with a printing or manufacturing defect (such as missing or duplicated pages, binding failure, or damage within the printer's packaging), notify us at help@photokive.com within thirty (30) days of delivery with photos of the defect and we will reprint the book at no charge for the book. The Custom Photo Book Guarantee does not cover image quality that faithfully reflects the condition of your original photographs, color or cropping visible in your digitized images before you placed the order, or damage occurring after delivery.
At Photokive, we understand that unforeseen natural disasters can affect anyone at any time. In support of our customers, we offer the “Photokive Guarantee.” If a bona fide natural disaster (as defined by recognized local or national authorities) directly affects your home and results in the loss or irreparable damage of your physical photo albums, Photokive will print photo books of all your digitized albums at no additional cost.
Eligibility requires an active, paid Photokive Membership in good standing at the time of the natural disaster and at the time the claim is submitted. Because Photokive does not commit to store digitized images for customers without an active paid Membership (see Cloud Storage Services and Membership below), the Photokive Guarantee is available only where your digitized images remain on our systems under an active Membership. Replacement books are produced from your digitized files using Photokive's current specifications and may differ from your original albums in layout, materials, finishes, and dimensions; they are not like-for-like replicas.
What the Guarantee covers. If your original photo albums or printed photos are lost or damaged, Photokive will produce a Replacement Book from the images we digitized for you, replicating your original album. Coverage applies whether the loss was caused by:
What the Guarantee does not cover. The Guarantee applies only to your original albums and photos. It does not cover replacement or reprinting of any Photo Book or other printed product that Photokive has already produced and delivered to you. If a book we printed for you is damaged or lost, you may reorder it at the applicable price.
Membership requirement. To qualify, you must have an active Photokive Membership in good standing, current, paid, and not lapsed, both at the time the loss occurred and at the time you submit your claim.
What we need from you. A description of what happened and the date it occurred, together with supporting documentation appropriate to the circumstances. For a natural disaster, this may include an insurance claim number, an official report, or comparable evidence. For a smaller accident, this may include photographs of the damaged albums or photos.
Verification. Photokive reserves the right to verify any claim and, at our sole discretion, to reject claims if:
Inclusion. The contents of Replacement Books are limited to the images we digitized for you that are held in your Photokive account at the time of the claim.
This Guarantee is offered as a goodwill service, and its availability, as well as the decision to approve or deny a claim, shall be determined solely by Photokive.
Photokive provides you with 30 days of free cloud access to your digitized images through our website, beginning when your final invoice is paid. After this 30-day period, continued access to your digitized images requires an active, paid Photokive Membership in good standing (which includes the Photokive Guarantee described above).
NO STORAGE COMMITMENT WITHOUT AN ACTIVE PAID PLAN. Photokive does not commit to store, retain, back up or preserve your digitized images on our servers unless you maintain an active, paid Photokive Membership in good standing. If you do not enroll in a Membership before your 30-day access period ends, or if your Membership lapses, is cancelled or is terminated for any reason, we may delete your digitized images from our systems at any time without further notice, and we will have no liability for their loss. Any images that remain on our systems after that point are retained solely at our discretion and convenience; their retention does not create any right of access, any obligation to continue storing them, or any obligation to restore them, and we may remove them at any time.
You are solely responsible for downloading and backing up your digitized images during the 30-day access period or while your Membership is active. Photokive is not an archival storage provider, and your online account is not a substitute for your own backups.
Photokive Membership is billed annually at the price shown on our website at the time you enroll (currently $7.99 per month, billed annually at $95.88, plus applicable taxes) and will automatically renew each year until cancelled in accordance with our cancellation policy. If you choose to cancel your original Photokive Membership and forgo the Photokive Guarantee, you’ll have an option to enroll in a cloud storage-only plan (Cloud Storage Membership) at $4.99 (or the then rate published at our website). By enrolling in either the Photokive Membership or the Cloud Storage Membership, you authorize us to charge your payment method on a recurring basis. You may cancel at any time through your account or by contacting help@photokive.com; cancellation takes effect at the end of the current billing period, after which access to your digitized images ends. If a Membership charge is declined, we will notify you and provide a reasonable opportunity to update your payment method before your Membership is cancelled. We will provide at least thirty (30) days' notice of any change to Membership pricing, which will apply from your next billing date. Membership may also include other benefits described on our website; such benefits have no cash value, are non-transferable, and expire if your Membership lapses unless the website states otherwise.
Photokive may offer referral programs and protection packages (which may include extended digital storage, shipping protection, or other add-on services). Referral credits and protection package terms, including any limitations or expiration dates, will be clearly communicated on our website and are subject to change at our discretion.
By clicking ‘Place Order’ or completing your purchase, you affirm that you have read, understood, and agreed to Photokive's Terms of Service, including the pricing structure, the risk of loss provisions, the arbitration agreement, and the limitation of liability provisions.
By agreeing to these Terms of Service, you represent that you are at least the legal adult age in your state or province of residence, or that you are the legal adult age in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). By submitting photographs and albums to us, you represent that you own them or have the right to have them reproduced, and that they do not contain unlawful content.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
By purchasing from us, you acknowledge and agree that you are providing your express consent to receive email and SMS marketing communications from Photokive and affiliated brands owned by The Kive Company. These communications may include promotions, offers, and updates related to our products and services.
You may unsubscribe or adjust your marketing preferences at any time by using the unsubscribe or preference management links provided at the bottom of our emails or by contacting us directly at help@photokive.com.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. The pricing in effect at the time you place your order will apply to that order.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You may cancel your order for a full refund of your Checkout Payment at any time before your Box(es) ship. After that time, cancellations are not permitted.
However, if items arrive in a condition that makes them unsuitable for digitization because of age, fragility, mold, water or fire damage, adhesive failure, or other conditions not caused by us, we may decline to process the affected items and will return them to you with the rest of your order. You will not be charged for items we decline to process.
Photo Books cannot be cancelled once submitted for printing, and Membership fees are not refunded for partial billing periods except where required by law.
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Photokive is not responsible for any damage to your personal belongings (including photos, photo albums, or other submitted materials) that occurs during shipment to or from our facilities. While we provide prepaid shipping labels and packaging materials, the risk of loss or damage during transit rests solely with the customer and the shipping carrier.
Risk of loss for your materials passes to Photokive only when your Box is received and checked in at our facility, and passes back to you when we tender your materials to the carrier for return shipment.
Customers are encouraged to:
The tracking device included in your Box assists us in locating packages but is not a guarantee of delivery or recovery. It must remain in the Box and be returned with your materials.
By using our Service, you acknowledge and accept that Photokive assumes no liability for the condition of your materials during transit. We are not responsible for delay, misdelivery, loss, theft, or damage incurred by third-party shipping carriers, regardless of whether the shipment was prepaid by us.
If you have concerns about the safety of your items in transit, please contact us at help@photokive.com prior to shipment to explore optional protection packages or upgraded shipping solutions.
Photokive understands and appreciates the sentimental value of the photographs and albums you send to us (your “Materials”). Helping our customers preserve and enjoy their memories is the reason Photokive exists, and we handle every item we receive with care in a commercially reasonable manner. Each Box carries a tracking device so its progress to and from our facility can be monitored. On arrival, each Box is logged and its contents counted against your order, and we use tracking and organizational systems designed to keep your Materials together and associated with your order from check-in through return.
No system that handles thousands of fragile physical objects is perfect. You acknowledge that, despite our procedures, Materials may be damaged during unpacking, handling, page-turning, scanning, photographing, repacking or storage. This can occur through no fault or negligence of our own, particularly where albums are old, brittle, adhered to deteriorating pages, or affected by moisture or mold before we receive them. From time to time we also learn that a customer believed an item was included in a Box when it in fact remained at home or was never packed.
YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING PHYSICAL PHOTOGRAPHS AND ALBUMS TO PHOTOKIVE FOR MAIL-IN DIGITIZATION. YOU ACKNOWLEDGE THAT YOUR MATERIALS MAY BE LOST, MISPLACED, MISMATCHED OR DAMAGED, THAT YOU MAY NOT RECEIVE ALL OF YOUR MATERIALS BACK, AND THAT MATERIALS YOU DO RECEIVE BACK MAY NOT BE IN THE SAME CONDITION IN WHICH THEY WERE SENT. BY PLACING AN ORDER AND SHIPPING MATERIALS TO PHOTOKIVE, YOU ACCEPT THIS RISK. IF YOU ARE NOT WILLING TO ACCEPT THIS RISK FOR A PARTICULAR ITEM, DO NOT SEND IT TO US.
If you believe that Photokive has misplaced, damaged, lost or mismatched your Materials after they were received by us and while in our possession, you must notify us in writing at help@photokive.com or through your Photokive Concierge, providing your order number, a description of the affected item(s), and any supporting information such as photos of the damage, your pre-shipment inventory, or the labels you used (a “Notification of Loss”).
A Notification of Loss must be received by Photokive within thirty (30) days after the carrier records delivery of your returned Materials to you (or, if your Materials are not being returned, within thirty (30) days after we notify you that your order is complete). Failure to provide a Notification of Loss within that period shall be deemed a waiver of your right to file a Notification of Loss and shall conclusively demonstrate your acceptance of the Materials and digital images as returned and delivered to you. We may, but are not obligated to, consider late notifications at our sole discretion.
We will review each timely Notification of Loss carefully and in good faith. Our review may include comparing your report to our intake log and item counts, reviewing check-in and processing records and any intake photographs, reviewing your digital images, searching our facility, and requesting additional information from you. You agree to cooperate reasonably with our review, including by confirming whether the reported item may be located elsewhere in your home or with a family member.
Once we have completed our review, we will provide a written response to your Notification of Loss. We may determine that we never received your Materials; that the item was received and returned to you; that the damage pre-existed our receipt, resulted from the age or condition of the Materials, or otherwise occurred through no fault of Photokive; that the item was lost, misplaced or damaged while in our possession through our fault; or that the matter has been resolved.
You agree to be bound by our determination and assessment of your Notification of Loss following a good-faith review, subject only to your right to bring an individual claim under Section 22 (Arbitration) to the extent that determination was not made in good faith or these Terms are otherwise unenforceable as to you.
If we determine that Materials were lost, misplaced or damaged while in our possession and through our fault, we will, at our option and as your sole and exclusive remedy, do one or more of the following:
YOU ACKNOWLEDGE THAT YOUR PHOTOGRAPHS ARE UNIQUE, THAT THEIR SENTIMENTAL VALUE CANNOT BE MEASURED OR REPLACED, AND THAT PHOTOKIVE'S FEES ARE NOT PRICED TO INSURE THAT VALUE. ACCORDINGLY, AND CONSISTENT WITH SECTION 16, IN NO EVENT WILL PHOTOKIVE'S TOTAL LIABILITY FOR MISSING, DAMAGED, MISPLACED OR MISMATCHED MATERIALS IN CONNECTION WITH ANY ORDER EXCEED THE TOTAL AMOUNT YOU PAID FOR THAT ORDER, EXCEPT WHERE APPLICABLE LAW DOES NOT PERMIT THAT LIMITATION. THIS LIMIT APPLIES REGARDLESS OF THE NUMBER OF ITEMS AFFECTED OR THE LEGAL THEORY ASSERTED, AND YOU AGREE IT IS A REASONABLE ALLOCATION OF RISK IN LIGHT OF THE PRICE OF THE SERVICE AND NOT A PENALTY.
Photokive is not responsible under this Section 8 for:
The Notification of Loss process is offered in good faith to resolve genuine concerns. You agree not to submit a Notification of Loss that you know to be false or exaggerated. Photokive reserves the right to cancel current orders, decline future orders, and pursue available legal remedies against any person who submits a fraudulent claim. Nothing in these Terms restricts you from providing truthful reviews or feedback about your experience.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions (including your deposit, final invoice, Replica Book orders and Membership charges) and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at photokive.com/policies/privacy-policy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PHOTOKIVE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
To the fullest extent permitted by law, Photokive's total liability for any claim related to the service, including any claim under Section 8, shall be limited to the amount you paid for that service. Photokive will not be liable for any indirect, incidental, consequential, or punitive damages, including loss of data, loss of sentimental value, or emotional distress arising from the loss of physical items or digital images. Without limiting the foregoing, Photokive will have no liability for the deletion, loss or unavailability of digitized images belonging to any customer who does not hold an active, paid Photokive Membership in good standing.
Photokive's digitization services are provided strictly ‘as is’ without any warranty or guarantee that the digital reproductions will perfectly reflect the quality or accuracy of the original items. You acknowledge that once the digitization process has begun, no recourse will be available for any discrepancies in image quality or other issues, except as expressly provided in Section 8 and the Replica Book Guarantee.
You agree to indemnify, defend and hold harmless PHOTOKIVE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the photographs and albums you submit to us.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Upon termination or lapse of your Membership for any reason, we have no obligation to retain your digitized images, as described under Cloud Storage Services and Membership.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service, and any Notification of Loss under Section 8, should be sent to us at help@photokive.com.
Our contact information is posted below:
The Kive Company (DBA Photokive)
15800 Arminta Street, Van Nuys, CA 91406
help@photokive.com