Terms of Service

1. Acceptance of Terms

By accessing or using MyEMemorial, creating or contributing to a memorial, creating a Living MyEMemorial, accepting a gifted memorial, or purchasing a plan or additional service, you agree to these Terms of Service.

If you do not agree to these Terms, you should not use the MyEMemorial service.

2. Description of Service

MyEMemorial provides an online platform for creating, preserving, and sharing life stories and digital memorials. The service may include Living MyEMemorials created during a person's lifetime and memorials created for individuals who have passed away.

Depending on the memorial and plan selected, features may include written life stories, family history, family trees, photos, videos, favorite songs, places lived and worked, schools, awards, social media links, obituary information, headstone photos, final resting place information, maps, contributor submissions, and other related features.

Features, storage limits, media limits, and other plan specifications may vary by plan and are described on the MyEMemorial website at the time of purchase.

3. Accounts and Account Security

You are responsible for providing accurate account information and for maintaining the confidentiality and security of your account credentials.

You are responsible for activity conducted through your account unless the activity resulted from circumstances reasonably outside your control.

You should notify MyEMemorial promptly if you believe your account has been accessed or used without authorization.

4. User Content

You retain ownership of content you upload or submit to MyEMemorial.

By uploading or submitting content, you grant MyEMemorial a non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, stream, back up, and otherwise use that content as reasonably necessary to operate and provide the MyEMemorial service.

This license includes allowing service providers used by MyEMemorial to process or host content when necessary to operate the service.

You represent that you own the content you submit or have all permissions and rights necessary to submit and use it on MyEMemorial. This includes, where applicable, photographs, videos, music, written material, obituary content, newspaper material, and information concerning other individuals.

You may not upload content that infringes copyrights, trademarks, privacy rights, publicity rights, or other rights belonging to another person or organization.

5. Contributors

Memorial owners may allow family members, friends, or other individuals to submit content to a memorial.

Contributors are subject to these Terms and must have the legal right to submit any content they provide.

Contributor submissions may require approval by the memorial owner before appearing publicly. Memorial owners may approve, reject, or remove contributor submissions.

6. Memorial Ownership and Control

Except where otherwise provided by MyEMemorial, the account holder who creates or lawfully claims a memorial controls the memorial and its content.

Creating a memorial about another person does not give the creator ownership of that person's name, likeness, intellectual property, estate, or other legal rights.

MyEMemorial may temporarily restrict changes or access when ownership, authorization, family authority, estate authority, or control of a memorial is reasonably disputed while the matter is reviewed.

MyEMemorial does not determine inheritance rights, probate rights, executor authority, or other legal disputes between family members, estates, or third parties.

7. Living MyEMemorials and Backup Persons

A Living MyEMemorial may be created by or for a living person so that life stories, memories, family information, photographs, videos, and other content can be preserved during that person's lifetime.

A memorial owner may designate a backup person where that feature is available. Designation as a backup person does not by itself transfer ownership of the memorial or grant rights beyond those provided through the MyEMemorial service.

MyEMemorial may require reasonable verification before granting or continuing backup-person access or before permitting after-death changes to a Living MyEMemorial.

MyEMemorial may restrict or suspend backup access if authority is disputed or if misuse, fraud, or unauthorized access is suspected.

8. Gifted Memorials

MyEMemorial may allow customers to purchase memorial plans as gifts for another person.

Purchasing a gifted memorial does not automatically give the purchaser ownership or control of the recipient's memorial. Ownership or control is established through the applicable gift claim and account process.

Gift recipients may be required to create or sign in to a MyEMemorial account and complete the applicable claim process before using the gifted plan.

Gift claim links and redemption rights may be subject to expiration periods, eligibility requirements, security measures, or other restrictions disclosed when the gift is purchased or delivered.

9. Payments, Refunds, Taxes, and Chargebacks

Payments are processed through third-party payment providers. MyEMemorial does not directly store complete payment card information.

Except where required by law or expressly stated otherwise by MyEMemorial, purchases are non-refundable once the purchased service or digital benefit has been provided or made available.

You are responsible for reviewing plan features, limits, pricing, and other purchase information before completing a transaction.

Applicable sales, use, or similar taxes may be added where required by law.

Unless specifically stated otherwise for a separate service, MyEMemorial memorial plans are one-time purchases and do not automatically renew.

Unauthorized or fraudulent use of a payment method is prohibited.

If a payment is reversed, disputed, charged back, determined to be unauthorized, or not successfully completed, MyEMemorial may temporarily suspend the related memorial, account access, or paid features while the payment issue is resolved.

10. Plans, Upgrades, and Usage Limits

Memorial plans may include different limits for photographs, video minutes, media uploads, storage, and other features. Applicable limits are those disclosed for the plan at the time of purchase.

MyEMemorial may offer plan upgrades, additional media capacity, or other optional purchases. Unused plan capacity has no cash value and is not redeemable for cash.

MyEMemorial may reasonably modify technical requirements or service limits when necessary for security, legal compliance, platform stability, compatibility, or performance.

11. Media Hosting and Fair Use

MyEMemorial provides media hosting and streaming as part of its service. Plans are intended for ordinary personal and family memorial use.

Memorials generating unusually high traffic, excessive bandwidth usage, automated access, abusive downloads, abnormal streaming, or other activity that materially affects platform stability or costs may be reviewed.

When reasonably necessary, MyEMemorial may:

• Temporarily limit media playback or delivery
• Temporarily disable specific media
• Apply reasonable bandwidth or media limitations
• Restrict automated or abusive access
• Contact the memorial owner regarding alternative hosting or service arrangements

12. Prohibited Use

You may not use MyEMemorial to upload, publish, transmit, or engage in content or activity that:

• Is unlawful, fraudulent, abusive, threatening, or harmful
• Infringes copyrights, trademarks, privacy rights, publicity rights, or other rights
• Contains nudity, sexually explicit material, or vulgar content
• Promotes hate, violence, harassment, or unlawful conduct
• Is intentionally misleading, deceptive, or defamatory
• Creates impersonated, misleading, duplicate, or fraudulent memorials
• Falsely claims ownership of or authority over a memorial
• Publishes another person's sensitive personal information for malicious or unlawful purposes
• Contains malware, malicious code, or harmful software
• Attempts to interfere with the security or operation of MyEMemorial
• Uses automated systems, scraping, bots, or similar methods in a manner that disrupts or abuses the service
• Uses the service to send spam or unwanted solicitations

MyEMemorial may remove or restrict content or activity that violates these Terms.

13. Copyright and DMCA Complaints

MyEMemorial respects the intellectual property rights of others. If you believe that content available through MyEMemorial infringes your copyright, you may submit a written notification of claimed infringement to our designated DMCA agent.

Copyright complaints should include the information required by applicable law, including identification of the copyrighted work, identification and location of the allegedly infringing material, contact information for the complaining party, the required good-faith and accuracy statements, and a physical or electronic signature of the person authorized to act on behalf of the copyright owner.

MyEMemorial may remove or disable access to material in response to a valid copyright complaint and may take appropriate action regarding repeat infringers.

For complete instructions, please review our Copyright and DMCA Policy.

14. Privacy

MyEMemorial's collection, use, and handling of personal information is described in the MyEMemorial Privacy Policy.

By using MyEMemorial, you acknowledge that information may be processed as necessary to provide, secure, maintain, and improve the service, subject to the Privacy Policy and applicable law.

15. Availability and Long-Term Preservation

MyEMemorial is designed to help preserve life stories and memories for future generations. However, MyEMemorial does not guarantee that any memorial, content, feature, or service will remain available indefinitely.

Features may change, be replaced, or be discontinued when reasonably necessary for technical, security, legal, business, or operational reasons.

16. Suspension and Termination

MyEMemorial may suspend, restrict, unpublish, or terminate access to content, memorials, or accounts that violate these Terms, create security or legal risks, involve suspected fraud, or materially interfere with operation of the service.

When appropriate, MyEMemorial may preserve content temporarily while reviewing a dispute rather than immediately deleting it.

Certain records may be retained after account termination when reasonably necessary for legal compliance, fraud prevention, dispute resolution, backup processes, or enforcement of these Terms.

17. Disclaimer of Warranties

To the maximum extent permitted by applicable law, MyEMemorial is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

MyEMemorial does not guarantee uninterrupted or error-free operation, permanent availability of content, or that the service will always be free from technical failures, security incidents, or third-party service interruptions.

18. Limitation of Liability

To the maximum extent permitted by applicable law, MyEMemorial will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to use of the service, inability to use the service, loss of content, service interruption, or user-generated content.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

19. Indemnification

To the extent permitted by law, you agree to be responsible for claims, losses, liabilities, and reasonable costs arising from content you submit, your violation of these Terms, your infringement of another person's rights, or your fraudulent or unauthorized use of the service.

20. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where applicable law requires otherwise.

21. Changes to These Terms

MyEMemorial may update these Terms from time to time. The "Last updated" date at the top of this page will identify the most recent revision.

When changes are material, MyEMemorial may provide additional notice where appropriate. Continued use of the service after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.