Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Remembrance LLC, a Virginia limited liability company (“Remembrance,” “we,” “us,” or “our”), governing your access to and use of the Remembrance website, applications, and services (together, the “Service”). If you do not agree, do not use the Service.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the revised Terms.

You must be at least 18 years old to create an account. You are responsible for the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly if you believe your account has been compromised.

Remembrance is a platform for creating, sharing, and preserving online memorials, including biographies, photos, videos, stories, timelines, guestbooks, and related features. Some features are free and some require payment. We may add, change, or discontinue features over time.

Paid plans and one-time fees are described at the point of purchase. Payments are processed by our third-party payment processor (Stripe); we do not store your full payment card number. You authorize us and our processor to charge the applicable fees, including any recurring charges until you cancel.

About the Permanence Fund and “lasting” memorials. A portion of certain fees is allocated to a Permanence Fund we are establishing to help sustain the hosting, storage, and infrastructure behind memorials for as long as possible, including through changes in our ownership or operations. The Permanence Fund reflects our genuine, good-faith commitment to keeping memorials online well beyond the short retention windows common to traditional obituary sites.

However, we do not and cannot guarantee that the Service or any memorial will remain available in perpetuity or “forever.” Like any online service, availability can be affected by events beyond our control, business or technical circumstances, or discontinuation of the Service. If we ever plan to discontinue the Service, we will make commercially reasonable efforts to provide advance notice and a way to export your content. Words such as “lasting,” “built to last,” and “long term” describe our intent and design, not a warranty of perpetual availability.

Refunds, cancellations, and any renewal terms are as described at purchase or as required by applicable law.

You retain ownership of the photos, text, videos, and other materials you submit (“Your Content”). By submitting Your Content, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt (for example, resizing images), publish, and display Your Content solely to operate, provide, and improve the Service and as directed by your privacy settings.

You represent and warrant that you have the necessary rights and permissions to submit Your Content and to grant this license, including, where applicable, the rights or consents needed to post images, recordings, or information relating to the deceased and to any other individuals depicted or described. You are responsible for Your Content and the consequences of posting it.

Memorials should be created by someone with an appropriate connection to, or authority regarding, the person being memorialized, and should contain accurate information. We are not able to adjudicate family or other disputes about a memorial. If a dispute or a valid objection arises, we may, in our reasonable discretion, edit, restrict, transfer stewardship of, or remove a memorial. If you believe a memorial infringes your rights or was created improperly, contact us using the details below.

You agree not to use the Service to:

• post content that is unlawful, harassing, hateful, defamatory, or infringes others’ rights;
• impersonate any person or misrepresent your affiliation or authority;
• upload malware or attempt to breach, disrupt, or gain unauthorized access to the Service;
• scrape or harvest data except as expressly permitted; or
• use the Service in violation of applicable law.

We may, but are not obligated to, review content, and we may remove or restrict content that we believe violates these Terms or the law. We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act (DMCA) to the contact below, and we will respond as required by law.

Funeral homes and other organizations (“Legacy Partners”) may offer Remembrance under their own branding. Additional or separate terms may apply to Legacy Partners, who are responsible for their own use of the Service and their relationships with the families they serve.

The Service, including its software, design, and the Remembrance name and logo, is owned by us or our licensors and is protected by law. Except for Your Content and rights expressly granted to you, we reserve all rights.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or continuously available, or that content will never be lost.

To the fullest extent permitted by law, Remembrance and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, content, profits, or goodwill, arising from or related to your use of the Service, including any claim that a memorial or content was lost or did not remain available in perpetuity or “forever.” To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the 12 months before the claim or US $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

You agree to indemnify and hold Remembrance harmless from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or the rights of others.

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or if necessary to protect the Service or others. Provisions that by their nature should survive termination (such as content licenses reasonably needed to keep public memorials available, and the disclaimer and liability sections) will survive.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. You and Remembrance agree to the exclusive jurisdiction of the state and federal courts located in Virginia for any dispute not subject to another agreed process, except where prohibited by applicable law.

Questions about these Terms? Contact us at support@remembrance.io (Remembrance LLC, Virginia, USA).

See also our Privacy Policy.