Memories and FutureMe Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, services and products made available by Memories Labs, Inc. under the Memories and FutureMe brands.

By using a Website, a Service or any Retail Product, by creating an account, Memorial, Site, Letter or Public Letter, or by clicking an “Accept” (or similar) button, you agree to be legally bound by these Terms.

If you do not accept these Terms, you must not use the Websites, Services or any Retail Product.

If we agree any special terms with you in writing, or if additional terms apply to a specific feature, Promotion, product or platform, those special or additional terms will prevail to the extent of any inconsistency.

1. Background

These Terms apply across the products and services we make available through the Websites, including:

  • the Memories memorial, livestreaming, tribute, guestbook and related services;
  • the FutureMe account, letters-to-the-future, public letters, premium memberships and site-sharing services; and
  • any related Retail Products or other products or services we make available from time to time.

2. Definitions

Unless expressly provided otherwise, in these Terms:

  • “Account” means an account created on a Website to access or manage one or more Services.
  • “Account Details” means a username, password and any other details provided by us for the purpose of accessing or administering an Account, Memorial or Site.
  • “Administrator” means a User that is granted the rights to administer a Memorial.
  • “Annual Subscription Fee” means the recurring fee payable for a FutureMe Pro Membership.
  • “Child” means any person under the age of 18 years.
  • “Content” means any content or materials including still or moving images, videos, sound recordings, audiovisual materials, artistic works, written works, letters and personal information created, uploaded, stored, posted, displayed or transmitted by a User through a Website or Service.
  • “Fee” means any one-off fee that may be charged by us from time to time.
  • “FutureMe Personal Membership” means the free membership that a User must sign up to in order to create an Account and use the core FutureMe Services.
  • “FutureMe Pro Membership” means the paid membership that allows a User to access relevant paid FutureMe features and create, administer and share a Site with Guest Users.
  • “Guest User” means a User other than an Administrator or Site Administrator, and includes a person invited to access a Site.
  • “Guestbook” means the online registration system provided on a Website for Guest Users.
  • “Intellectual Property Rights” means copyright, patents, trade marks, registered and unregistered designs, circuit layouts, database rights, trade secrets, know-how, moral rights and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
  • “Letter” means the Content that a User sends via FutureMe to an email address specified by the User or Site Administrator after a period of time or on a date specified by the User or Site Administrator.
  • “Live Stream” means the digital broadcasting service provided by us, including the video stream, audio-visual hardware and network setup, playback over the internet, technical support, the provision of necessary streaming equipment, and options for recording and downloading the streamed content (see section 18 for applicable download fees and retention terms).
  • “Memorial” means the digital memorial product that allows Users to upload and store Content for a Subject hosted on a Website.
  • “Order” means an order for a Retail Product made on a Website from time to time.
  • “Partner” means a third-party retail or fulfilment partner with whom we work from time to time to provide Retail Products.
  • “Payment Method” means the method by which you choose to pay a Fee, Subscription Fee, Premium Fee or other amount payable to us.
  • “Platform” means the Apple App Store or another similar application platform through which a Website or Service is made available.
  • “Premium Fee” means the one-off fee payable for a Premium Membership.
  • “Premium Membership” means the premium FutureMe membership offered from time to time.
  • “Premium Membership Period” means the period for which a Premium Membership remains active after payment of the applicable Premium Fee.
  • “Privacy Policy” means the privacy policy applicable to the relevant Website, as amended from time to time.
  • “Promotions” means promotional discounts, benefits, free trials or similar offers that we may make available from time to time.
  • “Public Letter” means the anonymous Content that a User posts to the public area of a FutureMe Website and that is displayed after the period of time or on the date selected by the User.
  • “Purpose” means any of the following purposes:
    • creating, maintaining or contributing to a Memorial;
    • creating, sending, scheduling, receiving or sharing a Letter or Public Letter;
    • creating, administering or participating in a Site;
    • placing an Order for a Retail Product; or
    • any other permitted use of the Websites or Services expressly contemplated by these Terms.
  • “Retail Products” means the virtual and physical products that are available to purchase on a Website from time to time.
  • “Service” means each service provided by us on a Website or by other means, including:
    • allowing you to create a Memorial, upload Content to a Memorial and use related memorial features;
    • the Live Stream service;
    • the Guestbook service;
    • Video Tribute tools and related collaboration features;
    • FutureMe Accounts, Letters, Public Letters, memberships and Sites; and
    • any other products, services or features that we make available from time to time.
  • “Site” means the customisable and shareable FutureMe page created by a Site Administrator.
  • “Site Administrator” means a User that holds a FutureMe Pro Membership and has created a Site.
  • “Subject” means a person or pet for whom a Memorial is created.
  • “Subscription Fee” means the recurring fee payable for a FutureMe Pro Membership.
  • “Subscription Fee Period” means the billing period for a FutureMe Pro Membership.
  • “Subscription Plan” means the plan displayed on the Website for a FutureMe Pro Membership.
  • “Terms” means these Terms of Service.
  • “Trial Memorial” means a Memorial that is available to access for a limited period that we allow you to create without incurring a Fee.
  • “User” means a user of a Website, a Service or a Retail Product, and includes funeral service provider client organisations, individual users, Administrators, Site Administrators and Guest Users.
  • “Video Tribute” means the video tribute editor tool, the ability for guest users to add Content to a video tribute, and the resulting video output generated by that tool.
  • “Website” means each of memories.net, memories.com.au, futureme.com and futureme.org, and includes any version of the Services that is able to be viewed or accessed on any type of device, including an app or similar version, and any related or successor websites or services that we operate under the Memories or FutureMe brands from time to time.
  • “Website Material” means the contents of a Website other than user-generated Content, Letters and Public Letters.
  • “we”, “us” and “our” mean Memories Labs, Inc..
  • “you” and “your” mean the person reading these Terms or any person using a Website, Service or Retail Product.

3. Accounts, Memorials and Sites

3.1 Creating and maintaining an Account

To use some Services, you must create an Account.

When creating an Account, you must provide current, complete and accurate details, which may include your name, email address, password and any other details reasonably required for the relevant Service.

You may also be able to create an Account or log in using a single sign-on service such as Google. If you do so, that third-party service may authenticate your identity and provide you the option to share certain information with us, such as your name and email address, which we may collect, store and use in accordance with our Privacy Policy.

You must promptly update your Account information, including your email address, payment details and other relevant details, so that we can complete transactions and contact you as needed.

3.2 Creating a Memorial

A User can create a Memorial using a Website.

To create a Memorial, you must provide your full name, address, email address and any other details requested by us.

Once you have created a Memorial, we will assign you as the Administrator for that Memorial and give you the Account Details for that Memorial.

You may choose to cease use of or cancel a Memorial at any time. We may permit two or more individuals to act as Administrators for a Memorial, with each having equivalent rights in respect of approval and removal of Content.

If you are an Administrator, you must keep your Account Details secure and confidential and must not provide those details to any third party unless required by law.

An Administrator must:

  • be at least 18 years of age; and
  • not be a person that we have prohibited from using the Service.

You may create a Trial Memorial in the first instance. Following expiry of the trial period, the Memorial may become inaccessible unless you upgrade it or pay the applicable Fee.

3.3 Creating a FutureMe Site

Once you have created an Account, you may subscribe for a FutureMe Pro Membership.

Through subscribing for a FutureMe Pro Membership, you may be able to:

  • access relevant paid or customisable FutureMe features; and
  • create, administer and share a Site with Users.

To create a Site, and for Users to be able to access and use your Site, you must:

  • customise the Site as required;
  • sign up to a Subscription Plan and pay the first Annual Subscription Fee; and
  • share the Site URL with Users.

Once you have created a Site, we will assign you as the Site Administrator for that Site.

You may choose to delete a Site at any time. We may permit two or more individuals to act as Site Administrator for a Site, with each having equivalent rights in respect of access, approval and removal of Content.

A Site Administrator must:

  • be at least 18 years of age; and
  • not be a person that we have prohibited from using the Service.

4. Fees, Subscriptions and Promotions

4.1 Memorial Fees

If you choose to upgrade a Trial Memorial or purchase a Memorial, a Fee will be payable at that time.

Fees are listed on the relevant Website, are subject to change, and are payable in the currency shown at checkout or otherwise displayed on the relevant Website. Taxes may be included or added as indicated on the relevant Website or at checkout.

Except as required by law or expressly stated otherwise in these Terms, you are not entitled to a full or partial refund or credit of a Fee if you choose to deactivate or cease use of a Memorial.

4.2 FutureMe Pro Subscription

You may subscribe to a FutureMe Pro Membership by signing up to a Subscription Plan displayed on the Website.

When you sign up to a Subscription Plan, you must provide details relating to a Payment Method accepted by us.

You acknowledge and agree that an annual or other recurring subscription fee applies to the paid Subscription Plan you select. The applicable Subscription Fee becomes payable when you sign up to the Subscription Plan and continues to be payable for each Subscription Fee Period until your Subscription Plan is cancelled or terminated.

By signing up to a paid Subscription Plan and providing your Payment Method, you authorise us, or a relevant third-party biller, to charge your Payment Method the Subscription Fee for each Subscription Fee Period in accordance with these Terms.

You agree to pay all charges associated with your Payment Method, and any taxes, surcharges or third-party fees that may be applicable.

If you choose to pay via a third-party biller, your Subscription Fee may be charged by that third party and may also be subject to additional third-party billing terms notified to you by that third party.

We may increase a Subscription Fee at any time by giving at least 21 days’ notice to you at the email address linked to your account. Any increase will take effect on your next Subscription Fee Period payment date. If you do not agree to the increase, you may cancel your Subscription Plan through your account before the increase takes effect.

We may also change a Subscription Fee without prior notice if required by law or if a regulatory authority requests or requires a change to any part of our pricing structure. If this happens, we will use reasonable efforts to give you notice as soon as practicable. If you do not agree to that increase, you may cancel your Subscription Plan through your Account.

You may cancel your Subscription Plan through your Account at any time. Unless these Terms or applicable law provide otherwise, cancellation will take effect at the end of the current Subscription Fee Period.

You will only receive a pro rata refund of amounts already paid to us if:

  • you cancel because we changed these Terms or our Privacy Policy in a way that you do not agree with and you notify us within 14 days of our notice to you about that change; or
  • you cancel because of an increased Subscription Fee under these Terms that you do not accept.

4.3 FutureMe Premium Membership

If you hold a FutureMe Personal Membership, you may be able to upgrade to Premium Membership.

The applicable Premium Fee and Premium Membership Period will be displayed on the Website at the time of purchase and may change from time to time.

By agreeing to pay the Premium Fee and providing us with your Payment Method, you authorise us, or a relevant third-party biller, to charge your Payment Method the one-time Premium Fee in accordance with these Terms.

If you pay through a third-party biller, your Premium Fee may be subject to additional third-party billing terms notified to you by that third party.

If you upgrade to Premium Membership, you will generally be able to access your new membership benefits immediately.

Except as required by law, the Premium Fee is non-refundable.

4.4 Promotions

We may from time to time offer, withdraw, change or cancel Promotions in relation to Memorials, Retail Products, FutureMe memberships or any other Services.

Any Promotions we provide are subject to our sole and absolute discretion as to their nature, duration, eligibility and applicable terms. We may determine your eligibility for a Promotion in our discretion, including for the purpose of preventing abuse of the Promotion or free trial.

Promotions do not apply retrospectively unless we expressly state otherwise.

Promotions may be offered for a limited period of time and may also be subject to additional terms and conditions published on the relevant Website, which prevail to the extent of any inconsistency with these Terms.

5. Orders of Retail Products

Retail Products may be available to purchase on a Website from time to time.

To purchase a Retail Product on a Website, you must place an Order.

In some circumstances, a Retail Product will be supplied by a Partner and you may need to place your Order directly through the Partner’s website and use any applicable discount code displayed on the Website.

If you make an Order, you:

  • agree to pay the price of the Retail Products and any applicable delivery fee;
  • warrant that all information provided by you in relation to the Order is accurate, complete and current; and
  • warrant that the Retail Products the subject of your Order are intended for personal, domestic or household use unless we expressly agree otherwise.

Once you make an Order, we may email you an acknowledgement confirming receipt of your Order. That acknowledgement does not constitute acceptance of your Order.

Unless you cancel your Order, acceptance of your Order and the contract between you and us will be completed:

  • for physical products, when the Order has been dispatched by being handed over to the designated carrier; or
  • for virtual products, when the products are sent to the recipient by email or posted to the relevant Memorial or account after purchase.

Completion of Orders is subject to availability.

We reserve the right not to accept your Order if we are unable to obtain authorisation for payment, the item is out of stock, we reasonably suspect fraud, or for any other reasonable cause.

If you place an Order for someone else to receive the Retail Products, you must obtain that person’s consent before providing us with their personal information and, by placing an Order, you confirm that you have done this.

We reserve the right to cancel, at any time before delivery, an Order that we have previously accepted, including where:

  • a Partner is unable to supply a Retail Product previously promised;
  • an event beyond our control means that we or a Partner are unable to supply the Retail Product within a reasonable time;
  • a Retail Product ordered was subject to an error on the Website, including a description, price or image error, which was not discovered prior to the Order being accepted; or
  • you ask us to cancel your Order in accordance with these Terms.

If we cancel your Order under these Terms, we will refund to you all amounts paid in respect of the cancelled Order or, where the Retail Product has a specified term and you cancel the Order during such term, a pro rata portion corresponding to the unused period of that Retail Product.

6. Pricing of Retail Products

Retail Products and delivery fees are listed on the relevant Website and are subject to change.

Prices are displayed in the currency shown on the relevant Website and may be inclusive or exclusive of taxes, duties or similar charges as indicated on the Website or at checkout.

Prices for Retail Products in an Order and the delivery fee for that Order are fixed once the Order has been confirmed by us, but prices and taxes for Retail Products and delivery fees are otherwise subject to change.

Discounts may be given at our sole discretion on terms and conditions notified to you at the time of the relevant offer.

From time to time, we may determine that, in relation to the sale of certain Retail Products, a donation will be made by us to a Charity. We retain the right to decide, in our discretion, the Retail Products to which this applies and the associated donation amount.

7. Delivery of Retail Products

If we have received payment in full for your Order, we will use reasonable endeavours to ship your Order to you in a timely manner.

Following shipment of your Order, we may send a confirmation email and invoice for your Order to your nominated email address.

You acknowledge and agree that the shipping or delivery of Retail Products may be delayed. To the maximum extent permitted by law, we will not be liable for any delay unless the delay is caused by our negligence or a liability that cannot lawfully be excluded.

If you provide an incorrect or incomplete delivery address for your Order, or your Order is otherwise returned to us, we may charge you an additional delivery fee for each subsequent delivery attempt.

Risk in a physical Retail Product passes to you at the time of its delivery to your nominated delivery address. Title passes to you when payment has been received in full by us.

If you purchase Retail Products from outside the United States, your purchase may be subject to import duties, taxes, customs clearance charges and similar amounts determined once your shipment reaches your country, all of which are payable by you unless expressly stated otherwise by us.

8. Credits, Refunds and Returns

In relation to Services, if you are eligible for any refund, the refund will be made to the original payment method unless otherwise agreed.

In relation to Retail Products, if you believe you are entitled to a repair, replacement or refund, please notify us as soon as possible via support@memories.net. In your email, please specify:

  • your name;
  • your address;
  • your phone number;
  • your email address;
  • a description of the Retail Product and the reason you believe you are entitled to a repair, replacement or refund; and
  • details of the relevant Order, including your receipt number and invoice.

Once we receive your email, we will assess the circumstances described in it. Depending on the Retail Product and the relevant circumstances, we may require you to return the physical Retail Product to an address we provide in our response.

We will provide you with a repair, replacement or refund (as applicable) of the Retail Product according to our obligations under applicable law.

We do not provide repair, replacement or refund rights for change-of-mind returns unless we expressly state otherwise.

9. Rights under Applicable Law

Nothing in these Terms excludes, restricts or modifies any warranty, guarantee, condition, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.

If applicable law gives you non-waivable rights in connection with a Website, Service or Retail Product, those rights apply notwithstanding anything else in these Terms.

10. Application of Third-Party Platform Terms

In addition to these Terms, where you obtain a version of a Website or access to a Service or Retail Product through a Platform, you acknowledge that your use of that Website, Service or Retail Product is also governed by the Platform’s standard end user license agreement if and to the extent applicable.

In the event of any inconsistency between these Terms and the Platform’s standard end user license agreement, these Terms will take precedence to the maximum extent permitted by law.

11. Adding Content, Letters and Other Material

Content can be added to a Memorial, Site, Guestbook, Video Tribute, Letter, Public Letter and other Services by Users, Administrators, Site Administrators and Guest Users, depending on the relevant feature.

Guest Users that are not Administrators or Site Administrators may be required to sign up to a Service before they can add Content, access a Site, submit a Guestbook entry or participate in a Video Tribute or another collaborative feature.

Administrators and Site Administrators are entitled to accept, reject or exclude Users from posting or contributing Content to a Memorial or Site.

12. FutureMe Letters, Public Letters and Sites

12.1 Letters to the future

To send a Letter, you must provide:

  • the Content of the Letter;
  • an email address for delivery; and
  • the period of time before delivery or the delivery date you select.

This information will be used by us to deliver the Letter to the email address you provide on the date set by you or the Site Administrator.

After sending a Letter, you may only be able to read and edit it for up to 48 hours. Once that period expires, the Content of the Letter may be locked until it is delivered.

12.2 Sites

Letters sent by Users via a Site may be added to that Site and visible to the Site Administrator.

The Site Administrator may configure a Site so that both the email addresses and the Letters of Users are viewable by the Site Administrator. If this setting is enabled for a Site, a notice stating this will be displayed to Users.

12.3 Public Letters

Only Users holding an Account may post a Public Letter.

Public Letters must be posted anonymously and must otherwise comply with these Terms.

If you encounter a Public Letter that you consider inappropriate or unlawful, you may flag it or contact us at support@memories.net.

We reserve the right to remove without notice any Public Letter that includes personally identifiable information, email addresses, advertisements, excessive profanity, hate speech or any other content we reasonably deem inappropriate or unlawful.

13. Restrictions on Use

When posting, uploading, creating or sending any Content, Letter or Public Letter, interacting with other Users, placing an Order or otherwise using a Website, Service or Retail Product, you must:

  • be at least 16 years of age;
  • if you are acting as an Administrator or Site Administrator, be at least 18 years of age;
  • only use the Websites and Services for the Purpose and for no unlawful, fraudulent or otherwise prohibited purpose;
  • not violate any applicable local, state, national or international law;
  • not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • be respectful of each Subject and of other Users and their friends and family;
  • not create, send or post Content about any living person by which they may be personally identified without their prior written consent, which you must provide to us within 5 days of a request by us, and when obtaining that consent you must also obtain their consent for us to collect and handle their information in accordance with our Privacy Policy;
  • not create, send or post personal information or images identifying a minor without the prior written consent of that individual’s parent or guardian;
  • in relation to Content or interactions depicting Children:
    • portray Children in a respectful, appropriate and consensual way;
    • ensure that all Children are adequately clothed and not in poses that could reasonably be seen as sexually suggestive;
    • obtain and document informed consent for the use of the Child’s story or image;
    • explain how, where and for how long the story, information or image will be used;
    • explain that once material is published online it may be viewed by anyone with internet access and may be difficult to remove completely;
    • avoid unnecessary identifying information about the Child, including family name, community or school name;
    • ensure that Children are not portrayed in isolation where doing so creates unnecessary risk;
    • assess any relevant local cultural traditions or restrictions in relation to reproducing personal images;
    • conduct appropriate suitability checks where third-party photographers or creators are involved; and
    • store images and information about Children safely;
  • not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • not submit Content that is untrue, fraudulent, misleading, inappropriate, tasteless, likely to cause distress, harmful, inappropriate for minors, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, violent, deliberately provocative, indecent or otherwise objectionable;
  • not submit Content that is of nuisance value or vexatious;
  • not infringe, misappropriate or violate the Intellectual Property Rights or privacy rights of others;
  • not use automated tools, including bots, crawlers, spiders, scrapers or similar tools, to retrieve, access, collect, copy or data-mine information from a Website or any User without our express written consent;
  • not upload files, or cause users to upload files, that contain viruses, worms, Trojan horses, corrupted files or any similar software or programs that may adversely affect, overburden or disable the operation of a Website, Service or another device;
  • not interfere with, circumvent or disrupt the operation of a Website, the systems, servers or networks used to make it available, or the security features of a Website or the internet, including by hacking, defacing or making denial-of-service attacks;
  • not advertise any goods or services, except where paid advertising is expressly permitted by us;
  • not send junk mail, spam, chain letters, pyramid schemes or similar communications through a Website or Service;
  • not solicit anyone to buy or sell products or services or make donations of any kind on a Website without our express written approval;
  • not use a Memorial or Public Letter for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, or for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous; and
  • not harvest, track or collect information about Users other than as expressly permitted by the relevant Service.

You acknowledge and agree that, without limiting any other remedy we may have, we may elect not to deliver a Letter and reserve the right to remove any Content, Memorial, Site, Letter or Public Letter that breaches these Terms, and to suspend, terminate or restrict a User’s use of a Website, Service or Retail Product.

14. Intellectual Property Rights in Content

We make no claim to ownership of the Intellectual Property Rights in the Content posted, uploaded, created or sent by Users, but if you post, upload, create or send any Content, Letter or Public Letter you:

  • grant us a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to host, store, reproduce, modify, delete, adapt, publish, display, distribute and otherwise use that Content, and to sublicense the same, for purposes connected with providing, operating, improving, securing and promoting the Websites and Services;
  • grant us the right to use your name and other information that you provide in connection with that Content, subject to our Privacy Policy; and
  • warrant that you have all necessary rights and consents in the Content you contribute and that the Content does not breach these Terms or any law.

Nothing in this section limits or overrides any right you may have under applicable privacy laws or our Privacy Policy to request deletion or erasure of Personal Information contained in your Content. Where we receive and action a valid deletion request, the license granted above will no longer apply to the deleted material.

15. Use of Website Material

The contents of the Websites, including all text, graphics, images, logos, icons, photographs, audiovisual material and other content, are or may be protected by Intellectual Property Rights. Intellectual Property Rights in that material are either owned by or licensed to us.

You may access and view Website Material when using a Website. Other than for your personal use of a Website, Service or Retail Product, and except as expressly authorised by these Terms, you may not, without our prior written permission:

  • adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer, disassemble or create derivative works from any Website Material;
  • commercialize or on-sell any information, content, products or services obtained from any part of a Website;
  • mirror or frame a Website or any part of a Website; or
  • use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on that material.

If you are a recognized media outlet or commercial online publication, you may use Website Material subject to acknowledging us as the source of the republished material.

You agree not to disclose to any person or entity personally identifiable information about other Users that you learn through a Website without the express written consent of that User.

Except as expressly set out in these Terms, no right, title or interest in or to our Intellectual Property Rights is granted by us to you.

16. Links

The Websites may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of a linked website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of that linked website, or of any materials, products or services referred to or contained on that linked website, unless expressly stated otherwise by us.

17. Reviewing and Removing Content

We do not pre-screen postings and, to the maximum extent permitted by law, we are not responsible or liable in respect of any Content.

We reserve the right, but disclaim the obligation, to monitor Content.

We encourage you to notify us of inappropriate, unlawful or infringing Content and we reserve the right to remove Content posted in breach of these Terms.

If you believe your, or another person or entity’s, Intellectual Property Rights have been infringed, please contact us at support@memories.net.

You may also flag Content for inappropriateness. We will endeavour to review flagged Content and, if we consider it necessary and appropriate, remove it as soon as reasonably practicable.

We reserve the right to edit or abridge Content and to disclose information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Websites and Services.

Subject to our right to modify, suspend or discontinue a Website, Memorial, Site or Service, Memorials, Sites and their associated Content will generally remain available online for so long as we continue to conduct the relevant business and operate the relevant Website.

18. Content Retention and Download

18.1 Content availability

While your Account or subscription is active, your Content, including any recordings of Live Streams, will generally remain available through the relevant Website or Service in accordance with these Terms.

18.2 Downloading recordings

If you wish to download a copy of a recording of a Live Stream, a download fee applies. Download fees are determined by us at our discretion and will be communicated to you upon request. The applicable fee may vary based on factors including the volume, size or number of recordings requested.

By requesting a download of a recording, you agree to pay the applicable download fee before the download is made available.

18.3 Content retention after cancellation or termination

Following the cancellation or termination of your Account or subscription, we will retain your Content, including any recordings of Live Streams, for a period of 90 days from the effective date of cancellation or termination (“Retention Period”).

During the Retention Period, you may request to download recordings of Live Streams, subject to payment of the applicable download fee under section 18.2.

After the Retention Period expires, we may permanently delete your Content without further notice to you. We are under no obligation to retain any Content beyond the Retention Period.

18.4 No infrastructure access or third-party transfer

We are not obligated to provide you with direct access to our storage infrastructure, servers, databases or any other back-end systems.

We are not obligated to transfer or migrate your Content to any third-party service, platform or provider.

19. Disputes about Memorials, Sites or Content

We will endeavour to take into account the wishes of the immediate family of a deceased person in relation to the establishment of and Content appearing on a Memorial.

However, we reserve the right to remove any Content, cancel any Memorial in its entirety, or merge the Content of two or more Memorials relating to the same Subject, at our discretion, including in the event of a dispute over the administration of or Content appearing in a Memorial. Except as required by law, you will not be entitled to any refund of the Fee.

We also reserve the right to suspend, delete or remove a Site, Letter, Public Letter or other Content where there is a dispute or reasonable concern about consent, authority, ownership, privacy, safety, legality or compliance with these Terms.

20. Privacy, Security and System Integrity

Our Privacy Policy forms part of these Terms and sets out our policy on the collection, use and disclosure of personal information.

If you provide us with another individual’s personal information, including when placing an Order for someone else to receive a Retail Product or when uploading Content about another person, you must obtain that individual’s consent before providing us with their personal information and, by doing so, you warrant that you have obtained all necessary consents.

We will collect, store, use, disclose, protect and otherwise handle personal information in accordance with our Privacy Policy.

Nevertheless, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information, we do not warrant and cannot guarantee the security of information you transmit to us. Any information transmitted to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve its security.

Our Websites, Services and Retail Products are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we do not represent or warrant that a Website, Service or Retail Product will always be safe, secure, uninterrupted or error-free, or that defects will be corrected in a timely manner.

21. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless us, our directors, officers, employees, agents, advisors and affiliates from and against any and all liabilities, costs, expenses (including reasonable attorneys’ fees), claims, losses, demands or damages directly or indirectly related to or connected with:

  • your Content;
  • your breach of these Terms; or
  • your infringement, misappropriation or violation of a third party’s Intellectual Property Rights, privacy rights or other legal rights.

22. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that we will not be liable to any person for, and you forever release and discharge us from, any claims whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever, or for any loss of profit, use, Content, data, opportunity, revenue or business, whether caused by any User or by us.

In the event of a breach by us of a condition, warranty or obligation under these Terms, our liability for such breach is limited, to the maximum extent permitted by law, to:

  • replacement of the goods or the re-supply of equivalent goods or services;
  • payment of the cost of replacing the goods or acquiring equivalent goods or services;
  • reimbursement of charges deducted in error; or
  • refund of charges paid for the relevant Service, Subscription Plan, Premium Membership or Retail Product,

as determined by us in our discretion.

To the maximum extent permitted by law, we disclaim all warranties and representations, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title and non-infringement.

Nothing in these Terms is intended to or has the effect of restricting, limiting or modifying any rights or remedies that cannot lawfully be excluded or limited.

23. Warnings

You must ensure that your access to a Website is not illegal or prohibited by laws or policies that apply to you, including workplace or school usage policies.

You must take your own precautions to ensure that the process you employ for accessing a Website does not expose you to the risk of viruses, malicious code or other forms of interference that may damage your computer system. We accept no responsibility or liability for any interference or damage to your computer or device which arises in connection with your use of a Website or any linked website or service and which is not attributable to us.

24. Termination and Prohibition of Access

If we form the view that there is a breach or threatened breach of these Terms by you, we reserve the right to suspend or terminate your access to a Website, Service or Retail Product without notice.

We also reserve the right to ban any person from using a Website, Service or Retail Product on the basis of past or threatened breaches of these Terms.

We may modify, suspend or remove a Website or Service, in whole or in part, either temporarily or permanently, at any time.

You may cancel a Memorial or Subscription Plan at any time. Except as expressly stated in these Terms or required by law, no refund will be provided for cancellation or change of mind.

The provisions of these Terms which by their nature are intended to survive termination, including indemnities, licenses, limitations of liability and dispute-related provisions, survive any suspension, termination or cancellation.

25. Additional Terms and Policies

We reserve the right to put in place additional terms and policies that we consider reasonable and necessary in connection with the Websites, Services or Retail Products.

You should visit the relevant Website periodically to review these Terms and any additional terms or policies that may apply.

If you do not agree to new or additional terms, you may cancel the relevant Memorial, Service or Subscription Plan through your account, subject to these Terms and applicable law.

26. Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of the remaining provisions.

27. Waiver

Any failure or delay by us to enforce or exercise a power, right or provision of these Terms will not constitute a waiver of that power, right or provision, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future.

All rights not expressly granted are reserved.

28. Amendment

We reserve the right at our reasonable discretion to revise these Terms at any time.

You should visit the Websites periodically to review these Terms. Where we make material amendments, we will use reasonable efforts to notify you by email to the email address linked to your account or by notification on the relevant Website.

Amendments will be effective upon publication on the relevant Website, or on the later date specified in the amendment notice.

If you do not agree to the revised Terms, you may cancel the relevant Memorial, Service or Subscription Plan through your account. Your continued use of a Website, Service or Retail Product after the effective date of an amendment constitutes acceptance of the revised Terms.

29. Governing Law

These Terms are governed by, and must be construed and enforced according to, the internal laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws principles.

Any lawsuit arising from or related to these Terms or any matter concerning the operation of the Websites must be brought exclusively in the U.S. District Court for the District of Delaware or a state court sitting in New Castle County, Delaware, except to the extent mandatory law requires otherwise.

To the maximum extent permitted by law:

  • each party waives any objection that it may have now or later to venue, personal jurisdiction or forum on the basis of forum non conveniens or similar grounds;
  • each party knowingly and voluntarily waives any right to trial by jury in any action, proceeding or claim arising out of or relating to these Terms;
  • you agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action, and you waive any right to participate in, or bring claims as part of, a class, consolidated, representative or private attorney general action against us, to the extent enforceable under applicable law; and
  • the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

To the extent enforceable under applicable law, any claim arising under these Terms, other than a claim for non-payment, must be brought within one year after the cause of action arose.

30. Copyright Infringement Policy (DMCA)

We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that material made available through a Website or Service infringes copyright, please send a written notice to support@memories.net.

For purposes of the DMCA, copyright notifications should be directed to:

  • Entity: Memories Labs, Inc.
  • Email: support@memories.net
  • Address: 2108 N ST # 10355, Sacramento, CA 95816
  • Telephone: +1 619 777 2107

Your notice should include enough information for us to assess the claim, including:

  • your physical or electronic signature;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the allegedly infringing material and its location, such as a URL;
  • your contact details;
  • a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
  • a statement that the information in the notice is accurate and, where applicable, made under penalty of perjury.

We may remove or disable access to challenged material while we investigate a notice.

If you believe material you posted was removed or disabled by mistake or misidentification, you may send a written counter-notification to support@memories.net including:

  • your physical or electronic signature;
  • identification of the material that has been removed or disabled and the location at which it appeared before removal or disabling;
  • a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • your name, address, telephone number and email address.

We may, in our discretion, provide a copy of a valid counter-notification to the original complainant and restore the material if appropriate.

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