All users are required to certify that they have read, understand, and agree to this policy before using any Forever Services. A short overview of these Terms of Service is provided in green. This overview is not legally binding. All users agree to the full policy terms below.
Please read these Terms of Service ("Terms") carefully. These Terms govern and apply to access and use of FOREVER® technology and services available through the FOREVER® website (located at www.forever.com), FOREVER® web and mobile applications, FOREVER Storage®, software, premium services, conversion services and other products or services offered by FOREVER (collectively, "Forever Services"). By opening an Account with Forever, Inc. ("we", "us", "our" or "FOREVER"), or by accessing, purchasing or using Forever Services, whether as an Account Originator, Forever Storage Account Owner, Intro Account User, Account Manager, or any other user of Forever Services (collectively, "you"), you agree to be bound by all of the terms and conditions described in this agreement.
1. Establishing a FOREVER® Account
1.1 Account origination.
In order to access and use certain Forever Services, you will need to originate an Account with FOREVER. When originating an Account, you are required to establish a username and a password. You may originate:
- a Forever Account (formerly called a Permanent Account or a Guaranteed Account) by purchasing Guaranteed Permanent Sharable Storage ("Forever Storage"), and agreeing to these Terms; or
- an Intro Account, (formerly called an Introductory or Free Account) by registering and agreeing to these Terms.
Throughout these Terms, where we use the word "Account" or "Accounts", we are referring to both Forever Accounts and Intro Accounts. There are certain roles that may be associated with each Account, including:
- an "Account Originator" who opens the Account and pays any fees required to access Forever Services;
- a Forever Storage Account Owner ("Account Owner") or "Intro Account User" who the Account is for or about (may be the same person as the Account Originator); and
- one or more "Account Managers" who may have certain permissions to manage and control a Forever Account after the death of an Account Owner, or during the life of an Account Owner with the Account Owner's permission.
You may originate an Account for yourself (you are both the Account Originator and the Account Owner), or you may originate a Forever Account as a gift for another person, for example, a close friend or relative, or to honor a deceased family member, or you may originate an Intro Account on behalf of someone to help get them started using FOREVER. In all cases, if you originate an Account for someone besides yourself, you represent that you are a friend or family member of the Account Owner, or a media organizer acting on behalf of the Account Owner and that you have the Account Owner's permission to originate the Account. If you act as an Account Originator, you represent that you are acting in good faith for the benefit of the Account Owner. By originating an Account, you represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. To originate an Account, you also represent that you are of legal age to form a binding contract. You agree to provide accurate, current and complete information about the Account.
When originating an Account, you must not:
- provide any false information to us;
- create an Account for any other living person other than yourself, unless you have the other person's permission, or you have legal authority to enter a binding legal contract on behalf of the other person (such as Power of Attorney), or you are originating an Account as a gift for a close family member or friend;
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is subject to rights of another person without appropriate authorization; or
- use a username that is offensive, vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or terminate an Account if any information provided during the origination process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create that violates our Terms.
1.2 Account security.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You must not share your username and password with others. You are solely responsible for activities that occur under your Account, and you are responsible for any loss or misuse of your Content or breach of ownership or intellectual property rights by any third parties if you fail to maintain the confidentiality of your password and Account.
1.3 Links to other sites and services.
Certain Forever Services may enable you to link your Account to various email, webmail, social networking, and other online Accounts. Certain Forever Services may access and retrieve your Account information from these sites on your behalf (in some cases, by using your username and password) to make information or services available to you. By linking your other Accounts, you expressly authorize us to access your Account information from those third party Accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your Account information to provide Forever Services. FOREVER is not responsible for any security breaches or the reposting of any information through other sites or services to which you link your Forever Account.
1.4 Using share links on other sites and services.
Forever Services enable you to share your Account content across the web by using share links. When you use a share link on a third party website or service, you are agreeing to and accepting the third party's terms of service, privacy policies, and any other policies.
2. Use of Forever Services
2.1 Access to Forever Services.
FOREVER provides web and mobile software applications, and use of its website (located at www.forever.com), to enable you to access and use your Account at FOREVER. Provided you comply with these Terms, FOREVER grants you a limited, nonexclusive, revocable, non-assignable (except as provided in these Terms), right to access and use Forever Services for your own personal use through a generally available web browser or supported mobile device, and to download and install a copy of FOREVER's mobile applications to your mobile device. You must not:
- copy, modify or distribute Forever Services for any purpose;
- sell, transfer, sublicense, lease, lend, rent or otherwise distribute Forever Services to any third party;
- decompile, reverse-engineer, disassemble, or create derivative works of Forever Services;
- make the functionality of Forever Services available to multiple users through any means;
- upload viruses, spyware, malware, Trojan horses, worms, spiders, robots, crawlers, automatic software or other malicious software to the Forever Services; or
- use Forever Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
2.2 Media Conversion and Video Production Services.
If you purchased media conversion or video production services, all materials must be submitted to Forever for transfer or conversion within 12 months of purchase.
2.3 App distributors.
If you access or download any FOREVER® applications from a third party distribution platform or app store where FOREVER makes its applications available ("Reseller"), you acknowledge and agree that these Terms apply between you and FOREVER, and not any additional or different terms of the Reseller.
2.4 Unauthorized use.
You agree that you will not do any of the following while using or accessing Forever Services:
- attempt to access or search Forever Services or download information or data through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
- access, tamper with, or use non-public areas of Forever Services, our computer systems, or the technical delivery systems of our providers;
- gather and use information, such as other users' names, real names, or email addresses, to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
- use Forever Services for any commercial purpose, or for the benefit of any third party, or in any manner not authorized by these Terms;
- violate any applicable law or regulation; or
- encourage or enable any other individual or entity to do any of the foregoing. We reserve the right to investigate violations of any of the above and involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
2.5 Changes to Forever Services.
We may modify, update, improve, replace or discontinue features, functionality or services within the Forever Services from time to time in our sole discretion. We will endeavor to notify you of material changes, but there may be instances where changes are made without notice to you.
3. Ownership and Privacy of Your Content at FOREVER
3.1 Ownership of your Content.
FOREVER enables or intends to enable you to upload, store, post, link, access, view and share information, photographs, images, graphics, videos, films, songs, sounds, audio recordings and clips, artistic works, text, writing, stories, letters, comments, posts, submissions, questions, documents, files, data, software, scripts, materials and other content ("Content") using Forever Services. You retain full ownership and all of your intellectual property rights to the Content you store using Forever Services, and you are responsible for protecting those rights. You are responsible for your Content, including its legality and appropriateness.
3.2 Rights and permissions.
We do not claim ownership to any of your Content, and these Terms do not grant us any intellectual property rights to your Content. However, in order to maintain your Account and provide Forever Services to you, we need certain permissions to manage your Content, such as hosting and backing up your files, and sharing your Content at your request with your connections, and or sharing your Content at your request with the public. You grant us rights and permissions to store and access your Content in order to:
- copy your Content for backup purposes,
- copy or modify your Content to enable access in current file formats over time;
- access your Content to provide technical or customer support; and
- share your Content as directed by you or in accordance with these Terms. These permissions extend to authorized third parties who may provide services to FOREVER under legal agreements that enable access to your Content solely to perform services on our behalf and not to disclose that Content or use it for any other purposes.
3.3 Privacy and security of your Content.
FOREVER provides several privacy layers that enable you to control how you store and share your Content with other people. These privacy layers include:
Content placed in the public layer will be visible and accessible to other Account Owners, Intro Account Users, anybody who visits the FOREVER® website, and the general public through web searches, email links, and similar services.
Content placed in this layer will be accessible through the Forever website only by your approved connections.
Content placed in this layer will be accessible through the FOREVER website to your own groupings of approved connections.
Content placed in this layer will be accessible through the FOREVER® site solely by you, or one or more persons designated by you.
You are not required to have an Account Manager (see Section 4.4b), but if you choose to assign an Account Manager, he or she will be able to access your account and see all of your privacy layers as well as any content that your connections have shared with you.
FOREVER will take all reasonable measures to maintain the privacy and security of your Content according to the privacy layer in which you choose to store your Content, and will only disclose or share Content with others:
- as directed by you (or after your lifetime by your designated Account Manager or FOREVER's Default Preservation Policy), including to designated people within your 'connections' privacy layer, or to the general public in the case of Content placed in the 'public' layer;
- if FOREVER believes disclosure is reasonably necessary to comply with legal processes, including but not limited to civil and criminal subpoenas, court orders, or other disclosures required by law; or
- in accordance with these Terms. Please note that despite our best efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
3.4 Your responsibilities.
You are responsible for storing and maintaining your Content at the appropriate privacy layer, and for how you share your Content or communicate with other people. FOREVER is not responsible for any Content that has been shared with others or made publicly available by you or by FOREVER in accordance with these Terms. FOREVER is not responsible for any loss or misuse of Content or breach of ownership or intellectual property rights by any third parties who were provided access by you, whether directly or by linking your Account to third party sites or services, or in accordance with these Terms.
You represent and warrant that:
- you own your Content or you have the right to use it and grant us the rights and licenses as provided in these Terms, and
- the converting, transferring, uploading, storing, linking, sharing or posting of your Content on or through Forever Services is not unlawful and does not violate the privacy rights, publicity rights, copyrights, other intellectual property rights or contract rights or any other rights of any person.
3.5 Content that you make publicly available.
If you choose to make your Content publicly available using Forever Services ("Public Content"), you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Public Content on and through Forever Services and other third party websites and services. You agree that this license includes the right for us to make your Public Content available to the general public. FOREVER may use your Public Content to improve SEO, marketing, and brand-awareness. FOREVER will notify you prior to using your Public Content for any FOREVER marketing or brand-awareness campaign, and you will have 48 hours to decline FOREVER's request. Failure to decline FOREVER's request within 48 hours will be deemed a grant of permission; however, FOREVER will cease using your Public Content for a FOREVER marketing or brand-awareness campaign at any time at your written request. For clarity, FOREVER may re-post or share your social media posts without seeking prior permission. Please consider carefully the Content you choose to make publicly available in your public layer, as others may copy it, modify it, or re-share it. FOREVER has no responsibility for Content you choose to make publicly available except to maintain the availability of Content in your public layer.
3.6 Managing your Content.
You may modify, delete or remove your Content at any time, except to the extent you have shared your Content with others who may have copied, saved and not deleted it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on FOREVER or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on FOREVER.
4. Long Term Preservation and Control of FOREVER® Accounts
If you have originated a Forever Account, and provided that you have paid all required fees for your FOREVER Storage®, FOREVER provides a guarantee of preservation for your Forever Account and Content, and enables you to control how your Content is preserved during your lifetime and after your death. In the case of a purchase under a payment plan, your storage will be permanent only to the extent you have completed payment for that storage (please see Section 4.5 below). Please note that this entire Section 4 does not apply to or protect Intro Accounts (formerly Introductory or Free Accounts).
4.1 FOREVER® Guarantee.
Subject to these Terms, FOREVER guarantees that Content will be preserved and accessible (using then current formats and supported devices based on FOREVER's best judgment and assessment of future technology) in your Forever Account for the lifetime of the Account Owner and 100 years thereafter ("Guarantee Period"). For Forever Accounts established by organizations, corporate entities, or to memorialize a person who is already deceased, the Guarantee Period is 100 years from the date the Account is opened. For Forever Accounts established by couples, the Guarantee Period is 100 years after the lifetime of the last surviving spouse or partner. In addition, 37% of payments for your Forever Storage are retained by FOREVER as a management fee to compensate us for immediate acquisition, support, and Account origination services. FOREVER transfers the remaining fees paid for FOREVER Storage® into the FOREVER® Guarantee Fund, and invests those funds, and maintains the Forever Guarantee Fund, in accordance with the Forever Guarantee Fund Investment Policy. You acknowledge and agree that FOREVER cannot guarantee that we will be able to preserve your Forever Account or Content after the 100 year Guarantee Period, however, FOREVER's goal is to preserve Content on a longer-term basis – for hundreds or thousands of years or longer – and FOREVER will endeavor to achieve this goal. Our service is designed to preserve your Content through natural disasters, wars, terrorism, economic depressions, and other events that cause major disruptions in society. We secure your Content using high quality storage at multiple datacenters at geographically diverse locations, and have backup and recovery plans to restore access as soon as reasonably practical.
4.2 Forever Guarantee in the case of insolvency.
In the case that FOREVER becomes insolvent, ceases operations, or is otherwise unable to provide services to preserve your Forever Account, then the assets in the Forever Guarantee Fund will be used to pay for the costs of maintaining each Account Owner's access to their Forever Accounts for at least a period of two years and then moving the memories within those Accounts to an alternative sharable storage provider (if available) and paying for that alternative sharable storage for as long as possible. If no alternative sharable storage provider is available, then the remaining assets in the Forever Guarantee Fund (the "FGF") would be used to maintain access to the Forever Accounts for as many years as possible.
4.3 Loan Authorization by FOREVER Board.
The purpose of the FGF is to guarantee Account Owners that their memories will be preserved for their lifetimes plus 100 years with a goal of many generations beyond. The FOREVER Board of Directors (the "Board') may, in its sole discretion,
- determine that it is in the best interest of Account Owners to make a loan from the FGF to FOREVER and
- act as authorized representatives of the FGF to approve the loan pursuant to FOREVER's FGF Investment Policy.
Any such loan authorized will be limited to the sum of money transferred into the FGF by FOREVER from capital invested into FOREVER by its investors ("Investor Deposits") plus the cumulative interest, dividends, and capital gains earned on the Investor Deposits. No money transferred into the FGF as the result of purchases of Forever Accounts ("Account Owner Deposits"), or interest, dividends, or capital gains earned from those Account Owner Deposits, can be accessed under this loan. For clarity, the principal plus accrued interest of any loan is an asset of the FGF.
4.4 Preservation and control of Forever Accounts.
FOREVER enables you to determine how your Forever Account and Content is preserved and managed after your death.
4.4a Forever Preservation settings.
At present or in the future as our functionality expands, you may specify through your Preservation settings any changes to your Forever Account and Content that will become effective upon your death, and/or at specified date(s) in the future (such as 25 years after your death). Settings may include:
- Content to be preserved that may not be viewed, copied, modified, edited, altered, removed or deleted;
- Content to be removed or deleted;
- Content to be moved from one privacy layer to another, such as from your 'private' to 'connections' layer;
- whether Content or new posts or links may be added by people on your 'private' or 'connections' lists, or by members of the general public;
- additions, changes, or deletions to your 'private' or 'connections' lists and what rights those designated people have to access, view, add, post, link, copy, download or modify your Content; or
- removal of any Account Managers (below).
4.4b Account Managers.
You are not required to have an Account Manager. If you do not designate an Account Manager then FOREVER will act as your Account Manager and manage your Content as you have designated in your Preservation settings or if you have not specified how your FOREVER® Account and Content are to be preserved in Preservation settings then FOREVER's Default Preservation Policy will apply to your Forever Account (see section 4.5). However, you may designate a sequence of people to act as Account Managers for your Forever Account. You grant an Account Manager full or partial control over your Forever Account and Content, including the ability to perform some or all of the following actions:
- upload, add, access, view, modify, edit, link, post, download, and copy Content;
- modify the privacy layers at which Content is stored, or
- add, change or delete people who have access to Content at 'connections' and 'private' layers, and the rights those designated people have to access, view, add, post, link, copy or download Content. Your Account Manager will not be able to delete or remove content, alter your Preservation settings, or make purchases and check out using your cart. Your 1st Account Manager will retain the rights granted by you until the end of the Manager's lifetime, unless the Manager relinquishes control earlier, at which time the 1st Manager's rights will transfer to your 2nd Account Manager, and so forth. FOREVER will enable your Account Managers to create a username and password and exercise rights over your Forever Account either during your lifetime, upon your death, or at a future date specified by you. Each Account Manager must agree to be bound by these Terms.
You acknowledge and agree that upon your death:
- FOREVER will preserve your Forever Account and Content after your death in accordance with your Preservation settings, and you grant FOREVER full authority and rights to manage your Forever Account and Content in accordance with those instructions and these Terms;
- FOREVER will permanently disable your username and password and prevent any access or use of your Forever Account using your username or password; and
- if an Account Manager was not designated or no longer exists for your Forever Account at some point in the future, FOREVER will preserve your Forever Account and Content by applying the FOREVER Default Preservation Policy.
4.5 Default Preservation Policy.
If you have not specified how your Forever Account and Content are to be preserved in your Preservation settings, then upon your death, you acknowledge and agree that FOREVER will preserve your Forever Account and Content in accordance with FOREVER's default preservation policy ("Default Preservation Policy"), and you grant FOREVER full authority and rights to manage your Account and Content in accordance with the Default Preservation Policy:
FOREVER will save and preserve Content in your Forever Account as it existed at the date of your death or last-known instructions from you and not permit any other person to modify, edit, remove, or delete any of your Content, with the exception that if you so choose, after your death other Forever Account Owners will continue to be able to add comments and tributes to your Forever Account at the Public, or Connections layers.
FOREVER will preserve your Account as of the date of your death or last-known instructions from you including:
- maintaining your Content at the privacy layers set by you;
- maintaining access to your Content by designated people on your 'connections' and 'private' lists, but not adding, removing or changing any people authorized to have access to your Content. People designated as 'connections' or 'private' will retain any privileges to upload, add, post, copy or link to new Content granted by you prior to your death, but not to modify, edit, remove or delete any of your existing Content. If you have placed Content at your 'private' layer with access for you alone, your content will be saved and will not be accessible to any person.
While FOREVER has no obligation to add any party to your approved list of 'Connections' with access to your Content, from time to time FOREVER may review an application by a family member or direct descendant of the Forever Account Owner, provided the party provides sufficient proof of a familial connection to the Forever Account Owner and pays any required FOREVER® service fees, and grant limited access to that party, at FOREVER's sole discretion.
FOREVER has no obligation to review or monitor your Forever Account for new Content added, linked or posted by friends, family or any other party, however, FOREVER reserves the right to monitor and review new Content and interactions at your Account, and to remove any Content, that we consider, in our sole discretion, to be in violation of our acceptable use policy (Section 5.2) or any other provision of these Terms, or otherwise harmful to Forever Services.
FOREVER will permanently disable your username and password and prevent any access or use of your Forever Account using your username or password.
4.6 Purchase of FOREVER® Accounts by Payment Plan.
If you have entered into a payment plan with FOREVER to pay for your Forever Account by making monthly installment payments over the term of the payment plan period, your payments will be applied towards the purchase of your Forever Account Ownership, origination and support services, and your FOREVER Storage®, over the term of your plan in accordance with FOREVER policy. The amount of your Forever Storage will be determined by the portion of your payments received by FOREVER and applied towards the purchase of that Forever Storage in accordance with the terms of your payment plan. This Section 4 (including the FOREVER® Guarantee in Section 4.1) will only apply to and protect Forever Storage that has been fully paid for according to the terms of your payment plan. All of your storage purchased under a payment plan will become permanent only when fully paid for over the term of the plan (or upon early completion by payment in full of all remaining outstanding amounts due under the payment plan). The purchase of your Forever Account will only be completed when your payment plan is fully paid (i.e. when you complete your monthly payments, or pay the total amount due before the completion of the payment plan). If you do not complete all payments on time, any storage that has not been paid for will not be permanent and may be suspended, canceled and/or deleted by FOREVER without prior notice. All payments made according to a payment plan are non-refundable, and under no circumstances, including, without limitation, failure to complete a purchase plan in full, will you be entitled to a refund of any payments made for Forever Services.
If you die ("pass away") prior to completion of all payments due under your payment plan, provided that you have made at least the first three (3) payments on a timely basis and FOREVER receives a valid death certificate or notice certifying the date of death (date of death must also be at least three (3) months after the Account origination date), FOREVER will treat your payment plan and Forever Account as fully paid (including your Forever Storage). In the case that you stop making monthly payment plan payments, we will suspend your Account 90 days after you stop payment, but then save all of your data for a 12 month period so your relatives may notify us of your passing, or we may determine that you have passed away.
4.7 Notification of death.
FOREVER will accept receipt of a copy of a valid death certificate or other valid death notice as notification of the date of death of a Forever Account Owner, Account Manager or other authorized user. While we have no obligation to search the public record for death notifications, FOREVER reserves the right to monitor public records and determine, in our sole discretion, if the relevant person has been declared deceased by public authorities.
4.8 Compliance with laws, court orders and legal process.
FOREVER will endeavor to preserve and administer your Forever Account and Content in accordance with your Forever Preservation settings, and/or the directions of your Account Manager; however we will comply with any valid legal process or legislation (existing now or in the future) that directs how we preserve or manage your Forever Account or Content, including civil and criminal subpoenas, court orders, or disclosures required by law. Please note that certain of your Content, such as certain property, licenses or other rights, may cease to be yours upon your death or may be required to be transferred to another party according to the terms of a will, contract or other legal process. You acknowledge and agree that FOREVER is required to comply with any such legal processes and legislation, and you authorize us to do so.
4.9 FOREVER® Master Administrator.
In the event of any dispute or lack of clarity about the instructions in your FOREVER® Preservation settings or the directions of your Account Manager, or any other issue that may arise in the future concerning the control and preservation of a Forever Account, you authorize FOREVER, in its sole discretion, to take whatever action FOREVER deems appropriate at that time to preserve the Forever Account and Content.
5. Introductory Accounts
FOREVER provides Intro Accounts (formerly Introductory or Free Accounts) with limited quantities of digital storage to enable people to experience features and services available at FOREVER on a trial basis, and to connect with and view Content preserved by connections who are Forever Account Owners. Intro Account Users may upgrade by purchasing a Forever Account at any time. FOREVER does not provide long-term preservation of Intro Accounts or Intro User Content, and FOREVER reserves the right to discontinue, suspend or cancel Intro Accounts at any time for any reason in its sole discretion, including, without limitation, Intro Accounts that have been inactive for a period of time determined by FOREVER in its then current policies. If an Intro Account is suspended or cancelled for any reason, FOREVER may permanently delete all Content associated with the Account.
6. Content and Interactions using Forever Services
6.1 Content disclaimer.
Content or information that is converted, transferred, uploaded, stored, posted, shared or otherwise made available using Forever Services has not been reviewed, verified or authenticated by FOREVER, and may include inaccuracies or false information. FOREVER makes no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any such Content or information. You acknowledge sole responsibility for and assume all risk arising from your use or reliance upon any such Content or information.
6.2 Acceptable use.
When converting, transferring, uploading, storing, posting, or sharing Content or otherwise using Forever Services, you agree not to use Forever Services in an unlawful or inappropriate manner, including, but not limited to:
- submitting material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- submitting copyrighted Content for which you do not own the copyright or have not obtained the written permission of the copyright owner;
- publishing falsehoods or misrepresentations that could damage FOREVER, our Forever Account Owners, Intro Account Users, or any third party;
- publishing any private information of someone, like their address, phone number, email address, and similar information without their permission;
- submitting material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- posting advertisements or solicitations;
- impersonating another person or representing yourself as affiliated with FOREVER or our staff;
- soliciting a user's password or other Account information; or
- harvesting user names, addresses, or email addresses for any purpose
FOREVER does not have an obligation to review or edit any Content, or to monitor use of Forever Services or any interactions between you and other Forever Account Owners, Intro Account Users or third parties (including connections). You are solely responsible for the Content you convert, transfer, upload, store, post, or otherwise make available using Forever Services and your interaction with other Forever Account Owners, Intro Account Users or third parties. However, FOREVER reserves the right to monitor and review Content and interactions, for the purpose of operating Forever Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FOREVER reserves the right, without prior notice, to limit communication between you and other Account Owners, Intro Account Users or third parties in the case of unwanted or inappropriate communication, and to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to Forever Services.
6.3 Content Representation and Warranty.
You represent and warrant that the following statement are true regarding any Content (including without limitation, photos, film, 35 mm, videotape, slides, prints, etc.) that you use Forever Services to convert, transfer, upload, create, store, host, share or post:
- You understand that commercial movies, TV programs, professional photograph images, and certain other Content is subject to copyright laws and that it is illegal to make copies without the expressed written permission of the copyright owner. You acknowledge that professional studio movies and TV shows will not be transferred by FOREVER without the written consent of the actual copyright owner.
- You understand that obscene materials are not protected speech and states may prohibit importation, distribution, possession, storage, exhibition, etc. of obscene materials. Under no circumstance will FOREVER knowingly transfer hardcore pornographic Content.
- You understand that FOREVER is not responsible for reviewing your Content for copyright infringement or obscenity; however, if FOREVER discovers infringing or obscene Content, then FOREVER will not convert or store the Content. FOREVER will notify you of any discovered obscene or infringing Content. If FOREVER does not convert or store your Content due to copyright infringement or obscenity you will still be charged by FOREVER for any partial Forever Services provided.
- You understand that if FOREVER discovers child pornography, violence against children, or other reportable crimes in your Content then FOREVER will report it to the appropriate authority immediately.
You represent and warrant that FOREVER's converting, transferring, uploading, storing, hosting, or posting of your Content:
- will not infringe upon or violate any copyright, trademark, licensing right, or other intellectual property right, or other property right of any third party because you are the rightful owner or the rightful owners have given you written permission to copy the Content;
- will not violate any obscenity law or other applicable law, rule or regulation; and
- is not for any illegal, obscene, offensive, or immoral purpose.
8. Copyright Policy
FOREVER does not permit you to use Forever Services to convert, transfer, upload, store, save, share, or post Content or conduct any activity that infringes the copyright or intellectual property rights of another party. FOREVER will remove any such Content if properly notified that such Content infringes another party's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on FOREVER where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Officer via email at: email@example.com, by phone at (412) 904-6330, or by mail at Copyright Officer, Forever, Inc., One PPG Place, 20th Floor, Pittsburgh, PA 15222.
You agree to indemnify and hold FOREVER and its directors, officers, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of Forever Services or the use of Forever Services by any person using your Account violates any applicable law or regulation, or the rights of any third party.
10. Third Party Sites
10.1 Links to Third Party Sites.
Forever Services may include links to other sites and services that are not operated by us. We do not endorse and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance upon any third party sites.
10.2 Using share links on other sites and services.
Forever Services enable you to share your Account content across the web by using share links. When you use a share link on a third party website or service, you are agreeing to and accepting the third party's terms of service, privacy policies, and any other policies.
10.3 Third Party Payment Processor.
Currently, FOREVER uses the third party payment platform, Stripe, Stripe Connect, and the Stripe API to process payments and monetary transactions for Forever Services. By using FOREVER, You are agreeing to FOREVER's Terms of Service, and You are also agreeing to be bound by Stripe's Terms of Service.
You expressly understand and agree that FOREVER will not be liable for issues regarding any financial or monetary transactions between you and any other party, including Stripe.
You understand that the Stripe API is subject to change at any time and such changes may adversely affect you. You agree to hold FOREVER harmless for Stripe's actions (whether intentional or unintentional) that adversely affect you.
FOREVER may change its third party payment processor at any time without notice to you.
11. Ownership of Forever Services
These Terms do not grant you any right, title or interest in and to Forever Services, domain names, brand names or logos, or any other property or intellectual property rights owned by FOREVER. Forever Services and brands are protected by copyright, trademark, and other laws of the United States and certain other countries around the world. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or any notices incorporated in or accompanying Forever Services, including of our licensors. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Forever Services ("Feedback") will be the sole and exclusive property of FOREVER and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
12. Account Suspension or Cancellation
12.1 FOREVER® Account Cancellation or Rescission.
You have the right to cancel your Forever Account at any time. While you may close your Account and delete your content if you choose, you are not entitled to a refund of any amounts paid, with the exception that you can rescind your decision to buy FOREVER Storage® within 5 days of purchase and receive a full refund. FOREVER has the right to suspend, disable or cancel your Forever Account if you violate any of these Terms, abuse or misuse Forever Services (e.g. repeat copyright infringement, failure to pay for storage utilized, etc.), use the Forever Services in a way that may cause us legal liability, or disrupt others' use of the Forever Services. FOREVER may suspend or disable your Forever Account immediately and without notice until you remedy, in FOREVER's sole discretion, the breach of these Terms. FOREVER will provide 90 days written notice prior to Account cancellation, and if you have not remedied, in FOREVER's sole discretion, the breach of these Terms within the 90-day period, FOREVER has the right to cancel your FOREVER® Account. Under no circumstances will suspension, disablement or cancellation, by you or FOREVER, entitle you to a refund of any payment made for Forever Services, including any upfront payments to establish a Forever Account or any payments made according to a subscription or payment plan, with the exception of the 5 day rescission right described above.
12.2 Insufficient Storage Capacity.
FOREVER will not permit Account Owners or Intro Account Users to exceed their storage capacity. Once your storage capacity is reached, your current upload will stop, and you will not be able to upload additional content until you either:
- buy more storage capacity or
- delete existing content to "free-up" additional storage capacity.
12.3 Intro Accounts.
You may cancel your Intro (formerly Introductory or Free Accounts) Account at any time. FOREVER reserves the right to suspend, disable or cancel an Intro Account at any time for any reason whatsoever, in its sole discretion and without notice, including, without limitation, Intro Accounts that have been inactive for a period of time determined by FOREVER in its then current policies.
YOU UNDERSTAND AND AGREE THAT YOU USE FOREVER SERVICES AT YOUR OWN RISK. WE STRIVE TO MAKE FOREVER SERVICES BUG FREE, ERROR FREE, AND SAFE; HOWEVER WE DO NOT GUARANTEE THAT FOREVER SERVICES WILL BE BUG FREE, ERROR FREE, OR SAFE. WE DO NOT GUARANTEE THAT FOREVER SERVICES WILL WORK WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. FOREVER SERVICES ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING DURING THE COURSE OF DEALING, PERFORMANCE, TRADE, OR USAGE. WE MAKE NO WARRANTY THAT FOREVER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
14. Limitation of Liability
FOREVER'S TOTAL LIABILITY TO YOU OR ANY OTHER PARTY FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR FOREVER SERVICES AND IN NO EVENT WILL IT EXCEED $5,000. FOREVER WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGES OR INJURY RESULTING FROM
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE FOREVER SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON FOREVER SERVICES;
- ANY CONTENT OBTAINED FROM FOREVER SERVICES; AND
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FOREVER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.1 Law and forum.
Your Account Agreement, these Terms and any claim, cause of action or dispute ("claim") arising out of or related to your Account Agreement or these Terms shall be governed by the laws of the Commonwealth of Pennsylvania and the United States, regardless of your country of residence or where you access Forever Services, and without regard to any conflict of laws rules or principles or the United Nations Convention for the International Sale of Goods that would compel the application of the substantive laws of any other jurisdiction. You agree that all claims arising out of or related to your Account Agreement or these Terms must be resolved exclusively in a state or federal court located in Allegheny County, Pennsylvania. The prevailing party in any legal proceeding or action to enforce any term of the Agreement will be entitled, in addition to any other rights and remedies such party may have, to recover its costs and reasonable attorneys' fees incurred in such proceeding from the other party. Notwithstanding the above, FOREVER may apply for injunctive remedies (or equivalent relief) in any jurisdiction.
You agree to indemnify and hold FOREVER and its directors, officers, employees and agents harmless from and against any and all claims, damages, losses and expenses related to any claim by a third party against us related to your Content on FOREVER or use of any Forever Services.
You may not assign any of your rights in these Terms, and any such attempt is void, but FOREVER may assign its rights to any of its affiliates or subsidiaries, or to any acquirer or successor in interest, without notice to you. These Terms create no third party beneficiary rights.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15.6 Entire agreement.
We may revise these Terms from time to time, and will post the revised Terms on our website and may send you an email notification that the Terms have been revised, or communicate revisions in articles we post on our blog. By continuing to access or use Forever Services after revisions to the Terms become effective, you agree to be bound by the revised terms. You should review our Terms from time to time so that you become aware of any changes that we make.
Effective Date of this policy is September 1, 2017.