Terms of Use

Please read the following Terms of Use carefully before using ForeverMissed.com or any website or application powered by Living Memorial (collectively, the "Services").

1. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and Working Media Inc, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Services.

If you do not agree to these Terms of Use, you may not use the Services. Living Memorial reserves the right to modify these Terms of Use at any time without prior notice. You agree that each time you access the Services, you shall be subject to the then-current Terms of Use, and continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. USER LICENSE

Scope. Living Memorial grants you permission to view the Services and to download, integrate via authorized social media application, email, or print individual pages of the Services in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database or cache. You may not re-publish, transmit, display, perform, reproduce, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained through the Service, except as specifically noted above or granted by Living Memorial

Except as specifically authorized by Living Memorial, you may not access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. Living Memorial reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein.

Any rights not expressly granted herein are reserved.

User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

  • to comply with local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from the country in which you reside;
  • not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 18 (a "Minor")
  • not to use the Services for illegal purposes;
  • not to commit any acts of infringement on the Services or with respect to Services content;
  • not to use the Services to engage in commercial activities without prior consent from Living Memorial;
  • not to create or maintain an Online Memorial for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person's name, and linking to any commercial or other website from an Online Memorial;
  • not to interfere with another person's use and enjoyment of the Services or another entity's use and enjoyment of the Services;
  • not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites.

Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.

3. SERVICES CONTENT

Nature of User Material. Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") to any portion of the Memorial Website, or other purposes. You agree not to Submit any Material that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • unfairly interferes with any third party's uninterrupted use and enjoyment of the Services;
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
  • is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the content's copyright owner.
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • disclose any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • contains viruses or other harmful, disruptive or destructive files;
  • harms or is inappropriate for minors to view;
  • links to any commercial website;
  • is not otherwise in compliance with these Terms of Use.

User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:

  • you are the author of the Material;
  • the Material is not protected by copyright law;
  • you have express permission from the copyright owner to post the Material to the Services ;
  • you have the right to grant Living Memorial the license set out in these Terms of Use;
  • the Material you Submit does not violate these Terms of Use.

User License Grant to Living Memorial You grant Living Memorial, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Living Memorial in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Living Memorial to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant Living Memorial and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Living Memorial the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. Living Memorial does not claim ownership of Material you Submit to the Services.

Disclaimer of Responsibility for Material. You acknowledge and agree that Living Memorial does not control the Material Submitted to an Online Memorial or any other Service permitting user-generated Material or content, and disclaims any responsibility for such Material. Living Memorial specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Online Memorial. In addition, Living Memorial does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Living Memorial assumes no responsibility or liability for any errors or omissions in the content of the Service.

Review & Removal of Material. Living Memorial reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Online Memorial available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, Living Memorial, will issue a full refund.

Proprietary Rights. You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Living Memorial. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Services are ©2021 Living Memorial, all rights reserved.

4. TERMINATION AND MODIFICATIONS TO THE SERVICES

Living Memorial reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Online Memorial available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, Living Memorial, will issue a full refund.

5. INDEMNITY

You agree to indemnify and hold Living Memorial, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys' fees, made by anyone in connection with your use of the Services, with Material or Information you Submit on or through the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of these Terms of Use, and any other acts or omissions relating to the Services.

6. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY LIVING MEMORIAL, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVING MEMORIAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL LIVING MEMORIAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LIVING MEMORIAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. LIVING MEMORIAL ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. LIVING MEMORIAL ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU AND LIVING MEMORIAL AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LIVING MEMORIAL AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE.

8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES

You may cancel or terminate your page and/or use of the Services, with or without cause at any time, upon providing written notice to Living Memorial If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to Living Memorial of cancellation or termination must be sent via email or conventional mail to Living Memorial's address as set forth in these Terms of Use.

Living Memorial, in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your page, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Living Memorial's resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Living Memorial's belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another's right to establish, use, or maintain an account or Services, Living Memorial reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon expiration, or cancellation or termination by either party, of your account, your page, and/or use of any Services, you will have no right to any Material or Information you Submitted, and Living Memorial may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Online Memorial). Living Memorial accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Living Memorial's discretion. You agree that Living Memorial shall not be liable to you or any third-party for any termination of your access to any Services.

Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Living Memorial

Living Memorial does not screen and is not otherwise obligated to screen Material posted to a Memorial Website. Living Memorial reserves the right, however, to remove any Material posted to a Memorial Website if said Material does not otherwise comport with these Terms of Use.

9. PERMANENCE OF MATERIAL

Subject to its suspension, cancellation, and termination rights and rights to remove Material, Living Memorial represents that each Online Memorial sponsored as "permanent" will remain available through the Services for the duration of Living Memorial's existence, and that each Online Memorial sponsored as "one year" will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services cease to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Living Memorial cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services or an Online Memorial that you sponsored, or any other service to which you subscribed. You may at any time ask Living Memorial to delete without charge an Online Memorial that you sponsored or purchased.

10. MINORS

The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.

11. YOUR PAGE AND SECURITY

Some elements of the Services (such as the creation of an Online Memorial) may require you to register and/or create an account with Living Memorial. During this process, you must provide certain personal information to Living Memorial, including a valid email address. In consideration of the use of Living Memorial's Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Living Memorial has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Living Memorial has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

12. LINKS AND FARMING

As a courtesy to you, the Services may offer links to other websites. Some of these websites are affiliated with Living Memorial while others are not. Living Memorial is not responsible for any content of any website pages created and maintained by organizations independent of Living Memorial If you visit any such third-party websites, you may do so at your own risk. Living Memorial has no control of third-party websites, nor can it guarantee the accuracy of information presented on them. Your use of such information is voluntary, and your reliance on such information should be made only after an independent review. References to commercial products or services within any such third-party website do not constitute or imply an endorsement by Living Memorial By using the Services, you acknowledge that Living Memorial is not responsible for the content or services provided by any third-party websites.

13. CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, Material and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

14. THIRD PARTY SOFTWARE

If you elect to download or access any third-party software that Living Memorial makes available in connection with the Services, you understand that you may have to agree to that third-party provider's terms of use or license before you use such software. You also agree that the use of any third-party software or content obtained in connection with the Services does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third-party provider's terms of use or license agreement. By downloading software made available through the Services, you are deemed to agree to the third-party provider's terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the third-party's terms of use or license agreement, do not download its software.

15. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

The Services are created and controlled by Living Memorial in South Africa. You agree that these Terms of Use will be governed by and construed in accordance with the laws of South Africa, without regard to its conflicts of law provisions. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Living Memorial makes no claims or assurances that the Services are appropriate or may be downloaded outside of South Africa. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Services must be filed in a court located in Pretoria, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

17. GENERAL

Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement. Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the Services, these Terms of Use, which hereby incorporate by reference the terms of Living Memorial's Privacy Policy, constitute the entire agreement between you and Living Memorial, superseding all prior agreements regarding the Services.

No Waiver. The failure of Living Memorial to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

Contact. For purposes of providing notice of cancellation or termination, contact Living Memorial at Contact Us