Keeper Inc. Terms and Conditions of Use (the “Terms”)

We provide various features and tools that allow users to locate final resting places, send and receive tributes, preserve and share photo and video memories, build a biography and timeline to tell the story of an individual’s life, invite family and friends to funerary and commemorative events, convey remembrances of lost friends and loved ones, and construct a family tree to depict a family’s genealogy. These features and tools shall collectively be known as the “Services”. We offer the Services at www.MyKeeper.com and other websites and applications powered by us (the “Platform”). Please read the following Terms before using the Services.

By downloading, viewing, using, accessing, browsing or submitting any content or material on or to the Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, 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 this website. If you do not agree with any of these Terms, you are prohibited from using or accessing the Services. The materials contained in the Services are protected by applicable copyright and trademark law.

Users

Visitors to the Platform are “Users”, whether or not they have registered on the Platform. There are three main categories of Users, some with unique sets of rights and responsibilities. The categories are:

  1. “Account Holders” are individuals with registered accounts on the Platform. Account Holders might be the administrators of one or more memorials or living memorials, or they may have a User account without administrative privileges. Account Holders have profile pages which they control the content of.
  2. “Keepers” are Account Holders who create, manage, and administer one or more memorial pages. Keepers have the right to create memorial pages, manage the content on said page, allow other Account Holders to act as Keepers on the memorial pages they manage, and to control the privacy settings of the memorial pages. Keepers should, where possible, be the spouse, child, parent, sibling, grandchild, or grandparent of the subject of the memorial page, or have authorization from one of the above. In the event of a dispute or conflict among, or complaint from Users regarding who is entitled to act as Keeper of a memorial page or any content on said page, we will endeavour to respect the desires of the memorial subject’s immediate family. We reserve for ourselves the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation, including the right to remove the page entirely.
  3. “Guests” are individuals without registered accounts on the Platform. Guests may view, comment on, and upload to or download content from memorial pages, subject to the administration of the page’s Keeper.

User License

We hereby grant all Users the temporary right to download any content on the Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on the Platform;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

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:

  1. not to host, submit content to, or use the Services without the consent of a parent or guardian if you are under the age of 13 (a "Minor");
  2. not to use the Services for illegal purposes;
  3. not to use fake usernames, or usernames that include unusual capitalization, numbers, repeating characters or symbols;
  4. not to commit any acts of infringement on the Services or with respect to the Services content;
  5. not to use the Services to engage in commercial or political activities;
  6. not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comply with the purpose or spirit of the Services, including but not limited to: any kind of cyberbullying or otherwise malicious behaviour, whether towards other Users or Keeper Staff Members, creating a memorial page for an individual who is not deceased (with the exception of a living memorial), defaming an individual or their likeness, impersonating an individual, and linking to any commercial or other website from the Services;
  7. not to attempt to gain unauthorized access to other computer systems from or through the Services;
  8. not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
  9. not to upload or transmit viruses or other harmful, disruptive or destructive files;
  10. 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.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. In such cases where your use of the Services is through a paid account, no refund will be given. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Availability of Services

We may suspend or terminate the availability of the Services and Platform, in whole or in part, to any individual User or all Users, for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services and Platform.

Event Linking

We are not responsible for problems that may arise relating to a memorial or other event scheduled through the Platform as a result of account termination, or lack of support from Keeper Staff Members.

Sharing Your Content and Information

You confirm that you own or have authorization from the owner for all of the content and information you post on the Platform. Keepers can control how the information is used or disseminated on a memorial page. In addition:

  1. Portions of the Services may allow you and other Users to contribute material to be displayed on the Services ("User Provided Content"). For User Provided Content, we are merely hosting and providing access. We cannot accept any liability with regard to such material (including with respect to its accuracy).
  2. The decision to upload information to the Services is your responsibility and you should only submit content that belongs to you or that you have authorization to use and that will not violate the rights of others. Be aware that you should not reproduce or submit anything without permission of the owner. By submitting material to the Services, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon our request you agree to furnish us with any documentation, proof and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
  3. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Platform or Services (IP License).
  4. When you delete IP content, you understand that removed content may persist in backup copies for a reasonable period of time. You further understand and are aware that even after IP content has been removed from the Platform, copies of content posted publicly may be preserved in cashed or archived paged and may have been captured and stored by other Users pursuant to the User Licence paragraph above.

Safety

We do not guarantee safety on the Platform. To help maintain the safety of the Platform, you commit to the following:

  1. You will not post unauthorized commercial communications (such as spam) on the Platform.
  2. You will not collect Users content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not post content that is: hate speech, defamatory, threatening, or pornographic; incites violence; or contains nudity or violence.
  6. You will not facilitate or encourage any violations of these Terms or our policies.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on the Platform that infringes or violates someone else's rights or otherwise violates the law.
  2. You will not use the Platform to do anything misleading, malicious, or discriminatory.
  3. We can remove any content or information you post on the Platform if we believe that it violates these Terms or our policies.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks (including Keeper Inc.), or any confusingly similar marks without our prior written permission.
  7. You will not post anyone's identification documents or sensitive information on the Platform.

Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US "AS IS". WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN RELATION TO THE SERVICES. WE DO NOT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY OF THE SERVICES AT ALL TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE TAKE REASONABLE STEPS TO PROTECT ALL DATA STORED ON OUR WEBSITES AND ARE NOT LIABLE FOR ANY LOSS OF DATA OR DATA BREACH.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata

The materials appearing on the Platform could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Platform are accurate, complete, or current. We may make changes to the materials contained on the Platform at any time without notice. We do not, however, make any commitment to update the materials.

Links

We have not reviewed all of the sites linked to the Platform and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us or the Platform. Use of any such linked web site is at the User's own risk.

Terms Modifications

We may revise these Terms at any time without notice. By using the Platform and Services you are agreeing to be bound by the then current version of these Terms.

Governing Law

Any claim relating to us, the Services, or the Platform shall be governed by the laws of Canada and the Province of Québec without regard to its conflict of law provisions.

Other

  1. This Statement makes up the entire agreement between the parties and supersedes any prior agreements.
  2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of the Terms, it will not be considered a waiver.
  4. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in these Terms shall prevent us from complying with the law.
  8. These Terms do not confer any third party beneficiary rights.
  9. We reserve all rights not expressly granted to you.
  10. You will comply with all applicable laws when using or accessing our Platform or Services.

Publicity Release (Pro-Advertiser)

For good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby agree as follows:

  1. Grant of Rights to Use Name, Likeness, etc. I hereby irrevocably grant permission to Break the Silence Against Domestic Violence ("BTSADV") and each of its affiliates and subsidiaries, the successors of each of the foregoing, and each of their respective agents, licensees, and assigns (collectively, the “Licensees”), in perpetuity, a worldwide, non-exclusive, royalty-free, fully paid up license to reproduce, display, exhibit, publish, broadcast, distribute, and otherwise use, and permit others to use, my name, image, nickname, initials, symbols, likeness, signature, photograph, voice, statements, biographical material, and any and all attributes of my personality and appearance (collectively, my “Identity”) in materials created in connection with your story, photos, and related materials (collectively, the “Materials”), alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation on websites owned by or affiliated with the Licensees, on third-party websites, in social media channels, and in public relations materials.
  2. Representations and Warranties. I represent and warrant that:
    1. This Release (“Release”), when signed by me, and all provisions contained herein, will be fully binding on me;
    2. The Materials provided to BTSADV are my own and/or I am legally authorized as the Power of Attorney for the owner of the Materials to provide the Materials to BTSADV;
    3. If it is discovered that I am not the legal owner or authorized Power of Attorney with respect to the Materials, BTSADV will immediately cease use of the Materials; and
    4. I currently have the legal right and capacity to execute this Release.

  3. No Obligation to Use Materials; No Further Approval Required. I acknowledge that the Licensees have no obligation to use the Materials or my Identity. I agree no further approval is required for the Licensees to use any Materials or my Identity and that the Licensees will not be liable to me for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Materials or my Identity. I acknowledge that all right, title, and interest in and to the Materials, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of BTSADV and that BTSADV has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials.

    I acknowledge and agree that to the extent I have participated in the creation of the Materials, all results and proceeds of my participation, including the Materials (collectively, the “Results and Proceeds”) shall be considered “work made for hire” (as that term is used in the Copyright Law of the United States) for BTSADV and that BTSADV shall, therefore, be deemed the owner of all copyrights and all other rights in and to the Results and Proceeds from inception, and shall have the right to copyright the same. In the event the Results and Proceeds, or any portion thereof, are for any reason deemed not to have been “work made for hire,” I hereby grant, assign and transfer to BTSADV any and all right, title and interest I may have in and to the Results and Proceeds, including the copyright. I also hereby waive any and all claims that I may now or hereafter have in any jurisdiction to so-called “moral rights” or “droits morals.” I agree to execute such further instruments as BTSADV may from time to time deem necessary or desirable to evidence, establish, maintain and protect BTSADV ownership of the Results and Proceeds, and all other right, title and interest therein. If I am unable or unwilling to perform such acts, then I hereby appoint BTSADV as my attorney-in-fact with full power and authority to execute any and all documents and take such other action as is necessary to accomplish the foregoing. The foregoing power of attorney shall be coupled with an interest and shall be irrevocable.

  4. No Further Consideration Required. I acknowledge and agree that no further payment or consideration will be due to me for BTSADV’s use of the Materials or my Identity as authorized by this Release
  5. Release. With regard to the Licensees’ exploitation of the rights granted hereunder (including, without limitation, the use of the Materials or my Identity in any advertising, promotional, or marketing materials), I, on behalf of myself and my heirs, executors, administrators and assigns, hereby irrevocably (a) release, discharge and waive all claims, demands, losses and liabilities of any nature against the Licensees that I, my heirs, executors, administrators and assigns had, now have, or hereafter may have, including, but not limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like, and (b) covenant not to make any claims against any of the Licensees.
  6. Governing Law, Venue, and Jurisdiction. This Release shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Colorado, without regard to its choice of law and/or conflicts of law principles. I irrevocably agree that any disputes directly or indirectly arising out of or relating to this Release shall be resolved exclusively in the state or federal courts located in El Paso County, Colorado. I hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
  7. Miscellaneous. If any provision of this Release is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Release sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral and/or written representations, discussions, negotiations, understandings, and/or agreements relating to the subject matter hereof. This Release may not be modified except by an instrument in writing signed by both parties. In signing this Release, I am not relying on any promises, representations or other statements that are not contained in this Release.

I have read, understood, and voluntarily agree to be bound by this Release. I also acknowledge that this Release shall be binding upon my heirs, executors, administrators and assigns.

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