Terms of Service

Effective [Effective date]

These terms are an agreement between you and Memory Eternal (“Memory Eternal,” “we,” “us”) for using the Memory Eternal website and services. By sharing a memory, creating a memorial, or otherwise using the service, you agree to these terms and to our Privacy Policy. If you don't agree, please don't use the service.

1. Who can use Memory Eternal

You must be at least 13 years old to share a memory, and at least 18 to create or organize a memorial or place an order. If you use the service for a funeral home or other organization, you confirm you're allowed to accept these terms for it.

2. Memorials and organizers

• An organizer is a person who creates or manages a memorial, usually a family member or a funeral home working for the family. The person who creates a memorial is its owner and can invite others to help as moderators.
• By creating a memorial, you confirm you're a family member of the person being remembered or are acting with the family's permission.
• Organizers decide what appears on their memorial. They can approve, hide, or delete any memory, change privacy settings, stop new contributions, download memories, and order photo books. Only the owner can delete the memorial or manage who else helps.
• If there's a disagreement about who should control a memorial, we may ask for information and make a reasonable decision, including pausing changes while it's resolved.
• Keep your sign-in email secure. You're responsible for activity on your account.

3. What you share stays yours

You keep ownership of the photos, videos, recordings, and words you share. So we can run the service, you give Memory Eternal a non-exclusive, royalty-free, worldwide license to store, copy, display, and adapt (for example, resize, crop, or remove hidden location details from) what you share, only to: show it on the memorial; include it in the memorial's slideshow; include photos and captions in photo books the organizer orders; send it to the organizers; and keep backups. You also allow the memorial's organizers to view, download, and print it for personal and family use.

This license ends when what you shared is deleted from the memorial, except for copies already made (such as printed books or files an organizer downloaded) and backups that are overwritten over time. We won't use what you share in advertising without asking.

4. What you agree not to share

When you share anything, you promise that you have the right to share it and that it doesn't:

• infringe anyone's copyright, privacy, or other rights;
• contain sexual content, graphic violence, or anything harmful to children;
• harass, threaten, or demean anyone, or promote hate;
• reveal someone else's private information (such as addresses, financial details, or medical records) without permission;
• include spam, advertising, links to scams, or malicious software; or
• break any law.

We may remove content or limit access to the service if we believe these terms are being broken.

5. Reporting content and copyright

If something on a memorial concerns you, use the “Report” link on that memory, tell the family organizer, or email [contact email]. Reports go to the memorial's organizers and to us.

If you believe something infringes your copyright, email us with: the memorial link and item; the work you own; your contact information; a statement that you believe in good faith the use isn't authorized; and a statement, under penalty of perjury, that your notice is accurate and you're the owner or authorized to act for the owner, with your physical or electronic signature. We'll respond promptly, and may remove the item and notify the person who shared it.

6. Reminder emails

If you ask for birthday and anniversary reminders, we'll email you on those dates for that memorial. You can stop them at any time with the link in every email.

7. Photo books and other purchases

• A photo book order starts as a request. We'll confirm the price, details, and delivery with you before you're charged.
• Books are made by a printing partner from the photos and captions on the memorial when the order is confirmed. Please review the preview carefully, including dates and captions.
• If a book arrives damaged or misprinted, contact us within 30 days and we'll reprint or refund it. Because each book is personalized, we can't accept returns for other reasons once printing has started.
• Prices, plans, and any subscription terms will be shown before you pay.

8. Keeping memorials available

We intend to keep memorials online for the long term. No company can promise forever, so we make this commitment: if we ever plan to shut down the service or stop hosting a memorial for reasons other than a violation of these terms, we'll give organizers at least 90 days' notice by email and a way to download their memorial's photos, videos, recordings, and stories. Organizers can also download everything at any time from the memorial's settings, and should keep their own copies of anything irreplaceable.

9. Changes and ending your use

We may update the service and these terms. If we make important changes to the terms, we'll update the date above and, when appropriate, tell organizers by email. You can stop using the service at any time, and owners can delete their memorials in Settings. We may suspend or close access for serious or repeated violations of these terms.

10. Disclaimers

The service is provided “as is” and “as available.” To the extent the law allows, we disclaim warranties of any kind, including that the service will be uninterrupted or error-free. We aren't responsible for what other people share, though we and the organizers can remove it.

11. Limits on liability

To the extent the law allows, Memory Eternal won't be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or emotional distress arising from the use of the service, and our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or $100. Some places don't allow these limits, so they may not apply to you.

12. Your responsibility

If you share content that breaks these terms or the law, you agree to cover reasonable costs Memory Eternal faces because of it, including claims from others.

13. Governing law

These terms are governed by the laws of the State of [State], without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in [County], [State], unless it qualifies for small claims court. Please contact us first. Most concerns can be resolved quickly by email.

14. Contact

Memory Eternal · [contact email] · [mailing address]