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, share remembrances of lost friends and loved ones, and create 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 agree to be bound by these Terms, all applicable laws and regulations, and you 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 trade mark 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:

• “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, the content of which they control.
• “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 authorisation 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 wishes of the memorial subject’s immediate family. We reserve 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.
• “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 Licence

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 licence, not a transfer of title, and under this licence you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Platform;
• remove any copyright or other proprietary notations from the materials; or
• 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:

• 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”);
• not to use the Services for illegal purposes;
• not to use fake usernames, or usernames that include unusual capitalisation, numbers, repeating characters or symbols;
• not to commit any acts of infringement on the Services or in respect of the Services content;
• not to use the Services to engage in commercial or political activities;
• not to create or maintain content in connection with the Services for 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;
• not to attempt to gain unauthorised access to other computer systems from or through the Services;
• not to use the Services for chain letters, junk mail, spamming, or the 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.

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

Availability of Services

We may suspend or end the availability of the Services and Platform, in whole or in part, to any individual User or all Users, for any reason, at our sole discretion, and without advance notice or liability or refund. 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.

Cancellation or Termination of Account or Services

You may cancel or terminate your account, and/or use of the Services, with or without cause, at any time by providing written notice to Keeper Inc. or by deleting your account via the application interface. If you cancel or terminate your account, the cancellation/termination will take effect immediately. Upon termination, your right to use your account or the relevant Services ceases immediately. Upon termination or cancellation fifteen calendar days following account creation, no refund will be given.

Event Linking

We are not responsible for any problems that may arise in relation 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 authorisation from the owner for, all of the content and information you post on the Platform. Keepers can control how the information is used or shared on a memorial page. In addition:

• 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 in respect of its accuracy).
• 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 authorisation to use, and that will not violate the rights of others. Be aware that you should not reproduce or submit anything without the 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 provide us with any documentation, proof and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
• For content that is covered by intellectual property rights, such as photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with the Platform or Services (IP Licence).
• When you delete IP content, you understand that removed content may persist in back-up copies for a reasonable period of time. You further understand and acknowledge that even after IP content has been removed from the Platform, copies of content posted publicly may be preserved in cached or archived pages 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:

• You will not post unauthorised commercial communications (such as spam) on the Platform.
• 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.
• You will not upload viruses or other malicious code.
• You will not request login information or access an account belonging to someone else.
• You will not post content that is: hate speech, defamatory, threatening or pornographic; incites violence; or contains nudity or violence.
• You will not facilitate or encourage any breaches of these Terms or our policies.

Protecting Other People’s Rights

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

• You will not post content or take any action on the Platform that infringes or violates someone else’s rights, or otherwise breaks the law.
• You will not use the Platform to do anything misleading, malicious, or discriminatory.
• We may remove any content or information you post on the Platform if we believe it breaches these Terms or our policies.
• If we remove your content for infringing someone else’s copyright, and you believe we removed it in error, we will give you an opportunity to appeal.
• If you repeatedly infringe other people’s intellectual property rights, we will disable your account where appropriate.
• You will not use our copyrights or trade marks (including Keeper Inc.), or any confusingly similar marks, without our prior written permission.
• 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, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE 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 WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY OF THE SERVICES AT ALL TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE FROM 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 Errors

The materials appearing on the Platform may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Platform are accurate, complete, or up to date. 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 website is at the User’s own risk.

Modifications to the Terms

We may amend these Terms at any time without notice. By using the Platform and Services, you agree to be bound by the version of these Terms in effect at the time.

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 laws provisions.

Other

• This Statement constitutes the entire agreement between the parties and supersedes any prior agreements.
• If any part of these Terms is found to be unenforceable, the remaining parts will remain in full force and effect.
• If we fail to enforce any of these Terms, it will not be treated as a waiver.
• Any amendment to, or waiver of, these Terms must be made in writing and signed by us.
• You must not transfer any of your rights or obligations under these Terms to anyone else without our consent.
• All of our rights and obligations under these Terms may be freely assigned by us in connection with a merger, acquisition, or sale of assets, by operation of law, or otherwise.
• Nothing in these Terms shall prevent us from complying with the law.
• These Terms do not confer any third-party beneficiary rights.
• We reserve all rights not expressly granted to you.
• You will comply with all applicable laws when using or accessing our Platform or Services.