Terms of Service

Last Updated: March 27, 2026

These Terms of Service ("Terms") govern your access to and use of the Forever Memories website, memorial platform, and related services (collectively, the "Services") operated by Forever Memories ("we," "us," or "our").

By creating an account, purchasing a memorial, or using any part of our Services, you agree to these Terms. If you do not agree, you may not use our Services.

1. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Provide accurate and complete information when creating an account
• Not have been previously suspended or removed from our platform

Memorial pages may be created in memory of individuals of any age, but the account holder responsible for the memorial must meet the above requirements.

2. Account Registration

When you create an account with Forever Memories:

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activity that occurs under your account
• You agree to notify us immediately of any unauthorized use of your account
• You must provide accurate, current, and complete information during registration and keep it updated

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

3. Memorial Pages

Creating Memorials

When you purchase and create a memorial through our platform:

• You are the "owner" of that memorial and have full control over its content and settings
• You are responsible for ensuring all content uploaded is accurate, appropriate, and does not violate the rights of others
• You may invite collaborators to help manage the memorial, with permissions you define (bio, gallery, or full access)

Memorial Visibility

• Public Memorials: Visible to anyone on the internet, listed on the Wall of Tributes, and indexed by search engines
• Unlisted Memorials: Accessible only via direct link or QR code. Excluded from the Wall of Tributes, site search, and search engine indexing

Memorial Permanence

Memorials are designed to be long-lasting, and we intend to maintain memorial pages for as long as our platform is in operation. However, the continued availability of any memorial is dependent on the ongoing operation of the Forever Memories website and business. While we are committed to preserving your memorials, we cannot guarantee perpetual availability in the event of business closure, acquisition, or unforeseen circumstances.

In the unlikely event that Forever Memories ceases operations, we will make reasonable efforts to provide advance notice and, where possible, offer users the ability to export or download their memorial content before the platform is taken offline.

If you wish to delete your memorial at any time, you may do so from your account dashboard or by contacting us.

4. Purchases & Payments

Pricing

Memorial packages are sold as one-time purchases. Prices are displayed on our pricing page and may be updated from time to time. The price at the time of your purchase is the price you pay.

What's Included

• Basic: Digital memorial page, up to 10 photos, guestbook, short link, and 1 collaborator
• Standard: Everything in Basic, plus a QR memorial plaque, up to 5 collaborators, and share buttons
• Premium: Everything in Standard, plus featured placement on the Wall of Tributes, up to 10 collaborators, early access to new features, and a premium badge

Add-Ons

Optional upgrades (Unlimited Gallery, Featured Tribute, Printable PDF) are available as separate one-time purchases and are applied to a specific memorial.

Refund Policy

Due to the digital nature of our services, all sales are final once a memorial has been created and content has been added. If you experience a technical issue that prevents you from using the service, please contact us within 14 days of purchase and we will work to resolve the issue or provide a refund at our discretion.

QR memorial plaques that have been shipped cannot be refunded. If your plaque arrives damaged, contact us within 7 days for a replacement.

5. User Content

Ownership

You retain ownership of all content you upload to our platform, including photos, text, and biographical information. By uploading content to a public memorial, you grant Forever Memories a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute that content solely for the purpose of operating and providing our Services.

Content Standards

You agree not to upload or post content that:

• Is false, misleading, or fraudulent
• Infringes on the intellectual property, privacy, or other rights of any third party
• Contains hate speech, threats, harassment, or discriminatory language
• Is obscene, pornographic, or sexually explicit
• Contains malware, viruses, or harmful code
• Violates any applicable law or regulation
• Is spam or commercial advertising unrelated to the memorial

Content Moderation

We reserve the right to review, edit, or remove any content that violates these Terms or that we deem inappropriate, at our sole discretion. Memorial owners can moderate guestbook entries on their memorials. Users can flag inappropriate guestbook comments for our review.

6. Collaborators

Memorial owners may invite other users to collaborate on a memorial:

• Collaborators are granted specific permissions (bio editing, gallery editing, or full access) as defined by the memorial owner
• Collaborator invitations are sent via email. If the invited person does not have an account, one will be created for them
• Memorial owners can revoke collaborator access at any time
• Collaborators are bound by these same Terms of Service and Content Standards
• The memorial owner remains ultimately responsible for all content on their memorial

7. QR Memorial Plaques

• QR plaques are physical products included with Standard and Premium tiers
• Each plaque is laser-engraved with a unique short code that links to the associated memorial page
• Plaques are weather-resistant metal (2" × 2") designed for outdoor use, but normal wear over time is expected
• Shipping times vary by location. We are not responsible for delays caused by postal carriers
• If a memorial is deleted or unpublished, the QR code will display a respectful "no longer available" page rather than an error
• Replacement plaques may be available for purchase if the original is lost or damaged — contact us for details

8. Guestbook

Each memorial includes a guestbook where visitors can leave messages:

• Guestbook entries require a name and message. Email is optional but may be collected for moderation purposes
• All guestbook entries are subject to our Content Standards
• Memorial owners can moderate (approve or remove) guestbook entries on their memorials
• Visitors can flag inappropriate entries for review by our team
• We employ spam protection measures including rate limiting and reCAPTCHA
• We reserve the right to remove any guestbook entry that violates these Terms

9. Prohibited Uses

You agree not to use our Services to:

• Create memorials for living individuals without their consent
• Create fake, satirical, or defamatory memorials
• Impersonate another person or misrepresent your relationship to a deceased individual
• Harvest or collect user information without authorization
• Attempt to gain unauthorized access to our systems, other user accounts, or memorial pages you don't own
• Interfere with or disrupt the operation of our Services
• Use automated tools (bots, scrapers) to access our Services without written permission
• Use our platform for any commercial purpose unrelated to memorial creation

Violation of these prohibitions may result in immediate account suspension or termination without refund.

10. Intellectual Property

The Forever Memories platform, including its design, code, features, branding, and documentation, is owned by Forever Memories and protected by applicable intellectual property laws.

• You may not copy, modify, distribute, or reverse-engineer any part of our platform
• Our name, logo, and branding may not be used without written permission
• User-uploaded content remains the property of the user, subject to the license granted in Section 5

11. Limitation of Liability

To the fullest extent permitted by law:

• Our Services are provided "as is" and "as available" without warranties of any kind, express or implied
• We do not guarantee that our Services will be uninterrupted, error-free, or completely secure
• We are not liable for any loss of data, content, or memorial information due to technical failures, though we take reasonable precautions to prevent such loss
• We are not responsible for the accuracy or appropriateness of user-uploaded content
• In no event shall Forever Memories be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services
• Our total liability for any claim related to our Services shall not exceed the amount you paid to us in the 12 months preceding the claim
• We do not guarantee the perpetual availability of memorials or our platform. The longevity of memorial pages is dependent on the continued operation of the Forever Memories website and business

12. Indemnification

You agree to indemnify, defend, and hold harmless Forever Memories, its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from:

• Your use of our Services
• Content you upload or post on our platform
• Your violation of these Terms
• Your violation of any rights of a third party
• Any dispute between you and a collaborator or guestbook visitor related to memorial content

13. Termination

By You

You may close your account at any time by contacting us. Upon account closure:

• Memorials you own will remain active unless you specifically request their removal
• No refunds will be issued for previously purchased services
• Your personal account information will be deleted within 30 days

By Us

We may suspend or terminate your account at any time if:

• You violate these Terms of Service
• You engage in prohibited uses as described in Section 9
• We are required to do so by law
• We reasonably believe your account has been compromised

In the event of termination for Terms violations, no refund will be provided. We will make reasonable efforts to notify you before termination, except where immediate action is required to protect our platform or other users.

14. Dispute Resolution

If a dispute arises between you and Forever Memories:

• Informal Resolution: We encourage you to contact us first so we can attempt to resolve the issue directly. Most concerns can be addressed quickly through our support channels
• Governing Law: These Terms are governed by the laws of the State of Arkansas, without regard to conflict of law principles
• Jurisdiction: Any legal proceedings shall be brought exclusively in the state or federal courts located in Sebastian County, Arkansas
• No Class Actions: You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration

15. Changes to These Terms

We may update these Terms from time to time. When we make changes:

• The "Last Updated" date at the top of this page will be revised
• For material changes, we may notify you via email or a prominent notice on our website
• Continued use of our Services after changes are posted constitutes acceptance of the updated Terms
• If you do not agree with the revised Terms, you must stop using our Services

We encourage you to review this page periodically.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Forever Memories regarding your use of our Services. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: support@forevermemories.com
• Location: Fort Smith, Arkansas

We aim to respond to all inquiries within 30 days.

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