Welcome to Living Memory Forever!
By signing up for a Living Memory Forever Account or by using any Living Memory Forever Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service” or “Terms of Use”).
As used in these Terms of Service, “we”, “us”, “our” and “Living Memory Forever” means the applicable Living Memory Forever Contracting Party, and “you” means the Living Memory Forever User.
Living Memory Forever provides a platform that enables the User to create a Memory page and fill it with data, photos and videos, generate a QR code and order a metal plaque with laser engraving. Among other features, this platform includes a number of tools for inviting other people to share their memories and content on the Memory page.
Any such service or services offered by Living Memory Forever are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Privacy Policy. By using Living Memory Forever or any Living Memory Forever services, you are agreeing to these terms. Be sure to occasionally check back for updates.
We may use cookies to automatically collect information through the Services, that allow us to record certain pieces of information whenever you visit or interact with our Services.
Memory page
Our Services allow Users to create online Memory pages for people who have passed away or are soon to be deceased. To create a tribute page, Users must provide the full name of this person, date of birth and death, city of birth. Users may optionally also add the biography or obituary, photos, memories, or condolences. Users may also upload Content related to memorial pages operated by other Users. Information you post on our Services is considered public and may be seen by others, including non-Users.
Your public posts and comments you post will be publicly visible. In addition, certain actions you take, such as creating a memorial website, posting a memory on a memorial website, commenting on Leave a massage or in Life story will be publicly visible on the memorial page and accessible to other Users and website visitors.
1. Account Terms
1. To access and use the Services, you must register for a Living Memory Forever account (“Account”). To complete your Account registration, you must provide us with your name, phone number, a valid email address, and any other information indicated as required.
2. You confirm that you are receiving any Services provided by Living Memory Forever for personal, household or family purpose.
3. You acknowledge that Living Memory Forever will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Primary Email Address you provide to Living Memory Forever and your Primary Email Address must be capable of both sending and receiving messages.
4. You are responsible for keeping your password secure. Living Memory Forever cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5. We perform regular backups of the content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
6. Technical support in respect of the Services is only provided to Living Memory Forever Users. Questions about the terms of service should be sent to Living Memory Forever support.
7. You understand that you are responsible for your Account, the materials you upload to the Living Memory Forever Service.
2. Account Activation
2.1 Memory page owner
The person signing up for the Service by opening an Account will be the contracting party (“Memory page owner”) for the purposes of our Terms of Service.
2.2 Stripe Checkout
You acknowledge that Stripe Checkout will be your default payments gateway. For the avoidance of doubt, Stripe Checkout is a Third Party Service. We do not directly collect or store any payment card information entered through our Services, but may receive information associated with your payment card information (e.g., your billing details, or the last four digits of your card number to identify you). You may have the option to store your payment information with our third-party service provider for future use.
2.3 Memory page payment
Upon completion of sign up for the Service, if you have been enrolled in Living Memory Forever, Stripe Checkout will automatically appear as an accelerated checkout option on your checkout page.
3. Living Memory Forever Rights
1. Living Memory Forever does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion data, photos and videos that you offer through the Services, violate these Terms of Service. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated this Terms of Service or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for any of the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Living Memory Forever employee, member, or officer will result in immediate Account termination.
4. Your responsibilities
1. By using the Services you warrant and represent that you are at least 18 years of age. You acknowledge and agree to provide accurate information and materials in the creation of the Memory page. You are responsible for your Memory Pages. We may, but have no obligation to, monitor and review new accounts or confirm account information before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
2. You must keep a valid payment method on file with us to pay for services and prolongation of Memory page. Living Memory Forever will charge a service fee for the renewal of the Memory page (if User has chosen an annual subscription with an annual renewal) until the Services are terminated.
3. You shall pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
4. Annual subscription renewal fee is charged 30 days before the end of the paid period.
5. If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 30 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Memory page during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Living Memory Forever reserves the right to terminate your Account.
5. Limitation of Liability and Indemnification
1. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
2. Living Memory Forever does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
3. Living Memory Forever does not warrant that the results that may be obtained from the use of the Services will be accurate and reliable or that the quality of any products will meet your expectations, or that any errors in the Services will be corrected.
4. You agree to indemnify and hold Living Memory Forever and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any negligence or willful misconduct on your part.
6. Intellectual Property and Your Materials
1. We do not claim ownership of the Materials you provide to Living Memory Forever; however, we do require a license to those Materials. You grant Living Memory Forever a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public, broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Living Memory Forever and agree that this waiver may be invoked by anyone who obtains rights in the materials through Living Memory Forever, including anyone to whom Living Memory Forever may transfer or grant (including by way of license or sublicense) any rights in the Materials. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any content that, in our reasonable opinion, violates the Terms of Service or standards or is in any way harmful or objectionable.
2. If you owned the Materials before providing them to Living Memory Forever then, despite uploading them to your Memory page they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Memory page at any time by deleting your Account. Removing your Memory page does not terminate any rights or licenses granted to the Materials that Living Memory Forever requires to exercise any rights or perform any obligations that arose during the Term.
3. You agree that Living Memory Forever can, at any time, review and delete any or all of the Materials submitted to the Services, although Living Memory Forever is not obligated to do so.
7. Privacy and data protection
Living Memory Forever is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Living Memory Forever’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
8. Living Memory Forever Contracting Party
1. “Living Memory Forever Contracting Party” means Living Memory Forever, a LLC STEOS TECHNOLOGY, which is located at 461 CREEKSIDE DR, LEAGUE CITY, TX 77573 , incorporated in United States of America.
2. You irrevocably and unconditionally agree to submit to the jurisdiction of United States of America courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms of Service and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Living Memory Forever in any other jurisdiction. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Terms of Service.
9. Term and Termination
1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you.
2. We represent that each of our Services referred to as “annual“ or “lifetime” will remain accessible, subject to compliance with this Terms of Service, through the Living Memory Forever for the duration of our existence, and that each of our Services referred to as ”annual” or ”lifetime” will remain available from the date of purchase of the subscribed Services through the end of the applicable term, unless: (a) Services cease to exist, in whole or in relevant part, during the applicable period; or (b) acts, events or occurrences beyond our reasonable control cause a deletion, loss of data, storage failure , or other interruption in or termination of the availability of the website or Services that you purchased or to which you subscribed.
3. You may cancel your Account and terminate the Terms of Service at any time by contacting Living Memory Forever Support and then following the specific instructions indicated to you in Living Memory Forever’s response.
10. General Conditions
1. The Terms of Service constitute the entire agreement between you and Living Memory Forever and govern your use of the Services and your Account, superseding any prior agreements between you and Living Memory Forever.
2. The failure of Living Memory Forever to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
3. All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Living Memory Forever will be permitted to assign these Terms of Service without notice to you or consent from you.
4. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
5. We reserve the right to modify this Terms of Service at any time at our discretion. Your continued use of Services after the effective date of the revised Terms of Service will constitute your consent to those changes.
6. On termination, all related rights and obligations under the Terms of Service immediately terminate.
Living Memory Forever
This document was last updated on December 30, 2022
