Terms & Conditions

Eligibility

You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you are at least 18 years old.

License to Use the Site

Memoria Sky grants you a limited, non-exclusive, non-transferable, revocable license to use the Site for your personal or business use, in accordance with these Terms.

This license does not give you any ownership rights in the Site, its content, marketplace listings, provider profiles, directory data, software, branding, or other materials made available through the Site.

Prohibited Uses

You agree not to use the Site for any unlawful, unauthorized, or prohibited purpose. You may not:

• Interfere with, disrupt, damage, disable, overburden, or impair the Site or servers connected to the Site.
• Attempt to gain unauthorized access to the Site, user accounts, databases, marketplace data, provider profiles, or any associated networks or systems.
• Use the Site to transmit any harmful, threatening, defamatory, obscene, abusive, misleading, fraudulent, or otherwise objectionable material.
• Use any automated or manual process to scrape, crawl, harvest, extract, copy, monitor, or collect content, marketplace listings, provider profiles, business information, directory data, or data compilations from the Site, including through bots, spiders, crawlers, scrapers, scripts, data mining tools, browser extensions, artificial intelligence tools, or similar technologies.
• Use the Site or any content from the Site to build, operate, support, train, improve, populate, or promote another directory, marketplace, database, search product, artificial intelligence system, lead generation service, or competing commercial service.
• Misrepresent your identity or affiliation with any person, business, provider, organization, or entity.
• Misrepresent Memoria Sky as the website, owner, operator, partner, representative, agent, source, or official listing provider for any third-party business unless expressly authorized by Memoria Sky in writing.
• Use Memoria Sky's name, website URL, trademarks, branding, marketplace data, provider listings, or directory content in a way that is false, misleading, confusing, deceptive, or likely to create the impression of an affiliation, endorsement, sponsorship, partnership, or authorization that does not exist.
• Use the Site to send unsolicited or unauthorized advertising, promotional materials, spam, or other unwanted communications.
• Violate any applicable law, regulation, third-party right, or these Terms.

User Accounts

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to immediately notify Memoria Sky of any unauthorized use of your account or any other breach of security.

Memoria Sky is not responsible for any loss or damage arising from your failure to protect your account credentials.

Service Offerings

Memoria Sky provides a nationwide funeral planning platform and online funeral marketplace that may assist users across the United States with funeral planning, memorial pages, business listings, provider profiles, memorial donations, service provider discovery, funeral resources, memorial events, and other related services ("Services").

The specific terms and conditions for certain Services may be set forth in separate agreements, order forms, subscription terms, marketplace terms, or other terms applicable to those Services.

Marketplace Listings and Provider Information

Memoria Sky may display information about funeral homes, cremation providers, cemeteries, headstone and monument providers, memorial service providers, grief support providers, and other businesses or organizations throughout the United States that provide funeral, memorial, or end-of-life related services.

Some provider information may be submitted by businesses, users, third parties, or obtained from publicly available sources. Memoria Sky works to provide useful and accurate information, but does not guarantee that every listing, provider profile, description, address, phone number, website, service detail, price, business hour, or other item of information is complete, accurate, current, or error-free.

Businesses and providers are responsible for reviewing, verifying, updating, and maintaining the accuracy of their own information.

Third-Party Services

The Site may include links to third-party websites or services ("Third-Party Services"). Memoria Sky is not responsible for the content, accuracy, availability, privacy practices, policies, or opinions expressed in such Third-Party Services, and you access these at your own risk.

The inclusion of a third-party link, listing, or provider profile does not mean Memoria Sky endorses, guarantees, sponsors, or is affiliated with that third party unless expressly stated.

Fees

Some Services offered through the Site may require payment. You agree to pay all fees or charges associated with your use of the Services in accordance with the billing terms in effect at the time a fee or charge is due and payable.

Payment Methods

You must provide valid payment information, such as a credit card, debit card, or other accepted payment method, to use certain Services. You agree to provide accurate payment information and authorize Memoria Sky or its payment processors to charge the payment method provided for any fees due.

No Refunds Unless Stated

Unless otherwise stated in writing by Memoria Sky, all fees are non-refundable to the fullest extent permitted by law.

Ownership

All content, features, and functionality on the Site, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, marketplace listings, provider profiles, directory data, page structure, category organization, design elements, and the compilation thereof (collectively, the "Content"), are the exclusive property of Memoria Sky or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

License to Use Content

Memoria Sky grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content for your personal or business use in accordance with these Terms.

This license does not include any resale, redistribution, republication, extraction, scraping, copying, commercial use, derivative use, or competing use of the Site or its Content.

Prohibited Uses of Content

You may not copy, reproduce, distribute, transmit, display, sell, license, scrape, extract, republish, mirror, index, cache, aggregate, modify, create derivative works from, or otherwise exploit any Content without the prior written consent of Memoria Sky.

You may not use any Content from the Site in a manner that competes with Memoria Sky or creates confusion about the source, ownership, sponsorship, endorsement, or affiliation of any listing, business, provider, service, or platform.

Memoria Sky operates a nationwide funeral planning platform and online funeral marketplace across the United States. The Site may include business listings, provider profiles, service categories, business names, addresses, phone numbers, websites, descriptions, photos, logos, hours, service information, pricing information, reviews, ratings, resources, and other directory content.

All marketplace listings, provider profiles, directory content, data compilations, page structure, category organization, and related marketplace information displayed on Memoria Sky are owned by Memoria Sky or used by Memoria Sky with permission from third parties.

You may not copy, scrape, crawl, harvest, extract, reproduce, republish, mirror, index, cache, aggregate, sell, license, modify, distribute, display, or commercially exploit any marketplace listing, provider profile, directory content, data compilation, or related information from Memoria Sky without our prior written consent.

You may not use bots, spiders, crawlers, scrapers, data mining tools, automated scripts, browser extensions, artificial intelligence tools, or any other automated or manual process to collect, extract, copy, monitor, or reuse marketplace data or directory content from the Site.

You may not use Memoria Sky content, marketplace listings, provider profiles, directory data, business information, photos, descriptions, categories, reviews, or other Site content to create, operate, train, improve, support, or populate another directory, marketplace, database, search product, lead generation service, artificial intelligence system, or competing commercial service.

You may not misrepresent Memoria Sky as the website, owner, operator, partner, agent, representative, source, or official listing provider for any third-party business unless expressly authorized by Memoria Sky in writing.

You may not use Memoria Sky's name, website URL, trademarks, branding, marketplace data, or directory content in a way that is false, misleading, confusing, deceptive, or likely to create the impression of an affiliation, endorsement, partnership, sponsorship, or authorization that does not exist.

Memoria Sky reserves the right to investigate unauthorized use of its marketplace content, directory data, provider listings, business profiles, trademarks, and website. Memoria Sky may take any action it deems appropriate, including blocking access, suspending accounts, issuing removal requests, sending cease and desist notices, pursuing claims for damages, and seeking any other remedies available under law.

User-Generated Content

The Site may allow users to post, upload, submit, or provide content, including but not limited to text, images, comments, reviews, memorial content, obituary content, eulogies, business descriptions, photos, logos, service information, and other materials ("User Content").

By submitting User Content, you grant Memoria Sky a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise use such User Content in connection with the Site, the Services, marketplace listings, provider profiles, promotional materials, search functionality, and related business purposes.

Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that you own all rights to your User Content or have the necessary rights, permissions, licenses, and authority to grant the licenses to Memoria Sky described in these Terms.

You agree that your User Content will not violate any law, infringe any third-party right, contain false or misleading information, or violate these Terms.

Right to Remove or Modify User Content

Memoria Sky reserves the right, but has no obligation, to review, edit, refuse, remove, or disable access to any User Content at any time and for any reason, including if Memoria Sky believes the User Content violates these Terms, is inaccurate, is misleading, creates risk for Memoria Sky, or may harm users, providers, or third parties.

Termination by Memoria Sky

Memoria Sky reserves the right to suspend or terminate your access to the Site, with or without notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

Memoria Sky may also restrict, block, suspend, or terminate access if it believes you have scraped, copied, misused, republished, or commercially exploited Site content, marketplace data, provider listings, directory content, or other Content without authorization.

Termination by You

You may terminate your account at any time by contacting us at the information provided below. Termination of your account will not relieve you of any obligations to pay any outstanding fees or charges.

No Warranty

The Site and all Content and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Memoria Sky does not warrant that the Site, Content, marketplace listings, provider profiles, directory information, or Services will be uninterrupted, accurate, current, complete, reliable, secure, or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

No Professional Advice

Content on the Site is provided for general informational purposes only and does not constitute legal, financial, medical, tax, funeral, grief counseling, or other professional advice. You should consult the appropriate professional for advice specific to your situation.

Provider Relationships

Memoria Sky may help users discover or connect with third-party providers, but Memoria Sky is not responsible for the acts, omissions, prices, services, representations, availability, quality, licenses, permits, or conduct of any third-party provider.

Users are responsible for evaluating and selecting providers. Providers are responsible for the services they offer and the information they provide.

To the fullest extent permitted by law, Memoria Sky, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, use, goodwill, business opportunity, reputation, or other intangible losses, resulting from:

• Your use or inability to use the Site or Services.
• Any reliance on Content, marketplace listings, provider profiles, business information, directory data, or third-party information displayed on the Site.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any bugs, viruses, or other harmful code that may be transmitted to or through our Site or Services.
• Any errors, omissions, inaccuracies, or outdated information in any Content.
• Any conduct, service, statement, or omission of any third-party provider, business, organization, user, or other third party.
• Any loss or damage incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available through the Site or Services.

This limitation applies whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, whether or not Memoria Sky has been informed of the possibility of such damage.

You agree to indemnify, defend, and hold harmless Memoria Sky, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys' fees, that arise from or relate to:

• Your use or misuse of the Site or Services.
• Your violation of these Terms.
• Your violation of any rights of another person, business, provider, organization, or third party.
• Your User Content.
• Your scraping, copying, harvesting, extraction, republication, commercial exploitation, or unauthorized use of Site content, marketplace listings, provider profiles, directory data, data compilations, or other Content.
• Your misrepresentation of any affiliation, relationship, endorsement, sponsorship, partnership, ownership, agency, or authorization involving Memoria Sky or any third party.
• Your conduct in connection with the Site.

These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any legal action or proceeding arising under these Terms, the Site, or the Services will be brought exclusively in the state or federal courts located in Delaware, unless otherwise required by applicable law.

You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any dispute arising from or related to these Terms, the Site, or the Services.

Memoria Sky may revise these Terms from time to time at our sole discretion. If we make changes, we will post the revised Terms on the Site and update the "Last Updated" date at the top of these Terms.

Your continued use of the Site following the posting of changes means you accept the revised Terms.

Definition of Lifetime

A "Lifetime Subscription" refers to the lifetime of the Memoria Page service, meaning the subscription remains active as long as Memoria Sky Inc. continues to offer the Memoria Page product. This subscription does not extend to any new services, future products, or business entities that may replace or succeed Memoria Page.

Company Rights & Service Continuity

Memoria Sky Inc. reserves the right to modify, discontinue, or replace the Memoria Page service at its sole discretion. If the service is discontinued, Memoria Sky Inc. is not obligated to provide refunds or transfer benefits to another service, unless otherwise stated.

Transfer & Ownership

The Lifetime Subscription is non-transferable and applies only to the original purchaser. Memoria Sky Inc. reserves the right to terminate the subscription if it is found to be misused, resold, or transferred without permission.

Termination & Limitations

The Lifetime Subscription may be revoked if the user violates these Terms, including but not limited to abuse, fraud, misuse of the service, unauthorized transfer, or unauthorized resale. If a customer account is terminated for violating these Terms, no refund or compensation will be provided.

No Guarantee of Perpetual Service

While Memoria Sky Inc. intends to maintain Memoria Page as a long-term service, no guarantee is made that the service will exist indefinitely. Memoria Sky Inc. may, at its discretion, offer alternative compensation, such as migration to another plan or a one-time discount on future services.

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

Memoria Sky
Attn: Privacy Officer
21120 Redwood Rd, Castro Valley, CA 94546
Email: [email protected]
Phone: (415) 582-6450

These Terms and Conditions set forth the entire understanding and agreement between you and Memoria Sky regarding the use of the Site and Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.