Privacy Policy – Memorial Video Pages

Memorial Video Pages

Terms of Service, Privacy Policy, and Addendum

Effective Date: [March 13, 2025]

I. Terms of Service

1. Acceptance of Terms

By accessing or using the “Memorial Video Pages LLC” and associated Services (“the Service”), you (“User” or “Client”) agree to comply with and be bound by these Terms of Service (“Terms”), the Privacy Policy, and this Addendum. If you do not agree to these Terms, you must immediately cease use of the Service. Your continued use constitutes your express consent to all revisions and updates.

2. Description of Service

Memorial Video Pages provides access to a curated collection of commemorative videos, photographs, and related content intended to honor individuals. The Service includes personalized content, user-submitted materials, additional multimedia services (such as photography, videography, and marketing support), and features related to ad campaign setup. The Service is provided “as is” and may be modified by the Company in its sole discretion.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this minimum age requirement. Users under the age of 18 are prohibited from accessing the Service.

4. User Accounts

To access certain features of the Service, you may be required to create an account. You agree to (a) provide accurate and current information during registration; (b) maintain and update such information promptly; and (c) keep your account credentials confidential. You are solely responsible for all activities conducted under your account and must notify the Company immediately of any unauthorized access or use.

5. User-Generated Content

a. Submission and License Grant:
By submitting any content—including but not limited to videos, photos, text, or other materials (“User Content”)—you grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and create derivative works of the User Content in connection with the Service and for promotional, marketing, and advertising purposes.
b. Representations and Warranties:
You represent and warrant that you possess all necessary rights to submit the User Content and that such content does not infringe upon the rights of any third party.
c. Prohibited Content:
You agree not to submit content that is unlawful, defamatory, obscene, harassing, or otherwise objectionable. The Company reserves the right to remove any User Content in violation of these Terms.

6. Prohibited Activities

You agree not to:

Use the Service for any illegal or unauthorized purpose.
Access or tamper with non-public areas of the Service or its underlying infrastructure.
Disrupt, interfere with, or impair the operation of the Service.
Employ any automated means to access or use the Service without prior written consent from the Company.

7. Intellectual Property

All content provided by Memorial Video Pages as a draft, final product, or concept for marketing content, excluding Users individuals submitted photos and video Content, is the exclusive property of the Company or its licensors and is protected by applicable intellectual property laws. You agree not to reproduce, distribute, or create derivative works from such content without explicit permission.

8. Third-Party Links

The Service may include links to third-party websites or services. The Company is not responsible for the content or practices of these third parties. Accessing third-party links is at your own risk.

9. Termination

The Company reserves the right to suspend or terminate your access to the Service at its sole discretion, without notice, for any conduct that violates these Terms or harms other users or the Service.

10. Disclaimer of Warranties

The Service is provided “as is” and “as available,” without any warranties, express or implied, including but not limited to uninterrupted or error-free operation. The Company does not warrant the accuracy, reliability, or quality of any content provided through the Service.

11. Limitation of Liability

In no event shall the Company or its officers, directors, employees, or affiliates be liable for any indirect, incidental, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of your use or inability to use the Service—even if advised of the possibility of such damages. The aggregate liability of the Company shall not exceed the total fees paid by you for the Service.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. For Users located in the United States and internationally, you agree that any disputes will be resolved in the applicable courts located in Virginia, and you waive any objections based on inconvenient forum.

13. Mailing List, Date Collection, and Communication Preferences

By providing your contact information, you consent to be added to our mailing list and to receive periodic communications, including promotional emails and text messages. You may opt out of receiving such communications at any time by following the unsubscribe instructions included in each email or by contacting us at info@memorialvideopages.com. Collection of personal data is subject to the provisions set forth in our Privacy Policy.

14. Changes to Terms

The Company reserves the right to modify these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on our website or Service. Your continued use of the Service after changes constitutes your acceptance of the revised Terms.

15. Contact Information

For any questions regarding these Terms, please contact:
Email: info@memorialvideopages.com

II. Privacy Policy

1. Introduction

This Privacy Policy explains how Memorial Video Pages (“we,” “our,” or “us”) collects, uses, and discloses personal information from Users of our Roku channel and other Services (“the Service”). By using the Service, you consent to the practices described herein.

2. Information We Collect

a. Personal Information:
When you create an account or submit User Content, we may collect personal data such as your name, email address, and other information voluntarily provided.
b. Usage Data:
We collect data regarding your interactions with the Service, including IP addresses, device information, browser type, and usage patterns.
c. Cookies and Tracking Technologies:
We use cookies and similar tracking technologies to monitor activity on the Service, collect usage data, and personalize your experience.

3. Use of Information

We use the collected information to:

Provide, maintain, and improve the Service.
Notify you of updates and changes to the Service.
Enable interactive features and provide customer support.
Analyze usage and enhance Service security.
Detect and resolve technical issues.
Administer our mailing list and communication preferences.

4. Sharing of Information

We may share your information with:
a. Service Providers:
Third-party vendors and partners who assist us in operating the Service.
b. Legal Requirements:
Authorities if required by law or in response to a valid legal process.
c. Business Transfers:
In connection with mergers, acquisitions, or other corporate transactions.

5. Security

We implement commercially reasonable security measures to safeguard your personal information. However, no method of transmission over the Internet is entirely secure, and we cannot guarantee absolute security.

6. Children’s Privacy

The Service is not intended for individuals under the age of 18. We do not knowingly collect personal information from minors. If discovered, any such information will be promptly removed.

7. Data Retention

Your personal information will be retained only for as long as necessary to fulfill the purposes described in this Privacy Policy or as required by law.

8. Communication and Marketing

By providing your contact details, you agree to receive emails, text messages, and other communications from us. You may opt out at any time by following the unsubscribe instructions in our communications or by contacting us at info@memorialvideopages.com.

9. Changes to This Privacy Policy

We may update this Privacy Policy periodically. Significant changes will be posted on the Service, and your continued use of the Service after any modifications constitutes acceptance of the revised policy.

10. Contact Us

For any questions regarding this Privacy Policy, please contact us at:
Email: info@memorialvideopages.com

III. Addendum: Promotional Rights, Service-Specific, and Additional Services Terms

I. General Promotional and Data Use Provisions

Permission to Use Personal Data and Biographical Information:
1.1. The Client irrevocably grants the Company, its affiliates, successors, and assigns a perpetual, non-exclusive, royalty-free license to use, reproduce, display, distribute, and publish any personal data provided by the Client—including, but not limited to, the name, date of birth (DOB), and date of death of the deceased (“Personal Data”).
1.2. The Client warrants that all Personal Data is accurate and that necessary consents (from next-of-kin or authorized representatives) have been secured.
Rights Concerning Finished Works and Photographic Submissions:
2.1. The Client consents that all finished works (videos, graphics, creative materials) and submitted photographs (“Materials”) may be used by the Company for promotional, marketing, and advertising purposes without additional compensation.
2.2. Such Materials may be used on our website, social media, digital advertising campaigns, and other marketing channels.
Removal of Promotional Materials:
3.1. The Client may request removal of promotional materials by submitting written notice to info@memorialvideopages.com.
3.2. The Company will cease future promotional use of the specified materials within a commercially reasonable time; however, removal of already published content cannot be guaranteed.
Usage of Testimonials:
4.1. The Client grants the Company permission to use, reproduce, and publish any testimonials provided for promotional and marketing purposes, which may be modified or excerpted at the Company’s sole discretion.

II. Service-Specific Terms

A. Funeral Home Client Services

Note: All pricing for Funeral Home Services is unique to the contract signed at the start of service and may vary based on individual direct “client agreement contract”.

Executive Package
- Fees:
  - Standard: $4,999 per month
  - Discounted: $3,559 per month (subject to a six (6) month minimum contract)
- Services:
  - Three (3) Exclusive A1 Commercials
  - Monthly advertising campaign with a $400 budget
  - Premium support
  - Two (2) Web Blogs
  - Twenty (20) Social Media Posts (across up to two platforms)
  - Ten (10) Testimonial Retrieval services
  - Content Upload Link
  - Five (5) Edited Content Link Posts
  - Dedicated Landing Page, Monthly Marketing Meeting, and Growth Report
- Additional Terms:
  All deliverables may be used for promotional purposes in accordance with Section III.I above.
Deluxe Package
- Fees:
  - Standard: $1,999 per month
  - Discounted: $1,399 per month (subject to a six (6) month minimum contract)
- Services:
  - Fifteen (15) Social Media Posts
  - Management of one (1) Social Media Account
  - 2 AI generated commercials (all developed templated AI commercials will not be the same as any similar business model within a three (3) mile radius from the business address stated in the contract. Company has the right to resell the template and license out the similar commercial to other business outside of the three mile radius written by client in the service agreement contract)
  - Growth Report
  - Landing Page creation, including a Pre Planning Commercial
  - Monthly Marketing Meeting notes
- Additional Terms:
  Generated content is subject to promotional use as specified in Section III.I.
Startup Package
- Fees:
  - Standard: $1,299 per month
  - Discounted: $999 per month
- Cancellation:
  This package is offered on a month-to-month basis and may be canceled at any time with written notice.
- Services:
  - Two (2) monthly AI-generated commercials (all developed templated AI commercials will not be the same as any similar business model within a three (3) mile radius from the business address stated in the contract. Company has the right to resell the template and license out the similar commercial to other business outside of the three mile radius written by client in the service agreement contract)
  - Basic support for uploading Materials
- Additional Terms:
  Promotional content produced prior to cancellation remains subject to the rights granted herein.
Enterprise Package
- Fees:
  - One-time fee: $12,999
  - Discounted first-time fee: $8,999
- Services:
  - A 30-second custom TV commercial, licensed and filmed on location
  - Monthly advertising campaign with a $1,200 budget
  - Access to exclusive services as determined by the Company
  - All benefits included in the Executive Package
- Additional Terms:
  All materials produced under this package may be used for promotional purposes pursuant to Section III.I.

B. Customer Services

Basic Package – Memorial Webpage
- Fees:
  One-time fee of $59
- Services:
  - Unlimited photo uploads
  - Up to 300 video uploads
  - Printed obituary upload
  - Unlimited access to two (2) videos
  - Active hosting of the memorial webpage for one (1) year
  - Provision of a QR code (valid for 90 days) and Social Media Flyer upon request
- Additional Terms:
  Extensions for webpage hosting or QR code validity may be purchased separately. Submitted Materials are subject to promotional use as provided in Section III.I.
Silver Package – Narrated Tribute + Memorial Webpage
- Fees:
  One-time fee of $249
- Services:
  - Inclusion of forty (40) photos in the video tribute
  - Incorporation of five (5) video clips
  - Two-minute video editing
  - Choice of one (1) voiceover from three available options
  - Up to 250 words of narration
  - Two (2) quotes (each up to twenty words)
  - Production in a 9:16 aspect ratio for social media
  - High-definition output (1920 x 1080) for TV
  - Delivery to the designated funeral home
  - Up to three (3) rounds of revisions (any additional revisions may incur extra charges)
  - Inclusion of all features provided in the Basic Package
- Additional Terms:
  All deliverables are subject to the promotional use rights outlined in Section III.I.
Deluxe Package – 5-Minute Memorial + Narrated Tribute + Webpage
- Fees:
  One-time fee of $359
- Services:
  - Incorporation of up to 120 photos
  - Ten (10) video clips (approximately 10 seconds each)
  - Total video duration of five (5) minutes
  - High-definition output (1920 x 1080) for TV
  - Three (3) graphic slides featuring quotes
  - Option to select or submit copyright-free music
  - Up to three (3) rounds of revisions (additional revisions may incur extra charges)
  - Inclusion of all features from the Silver and Basic Packages, including obituary upload
- Additional Terms:
  All content produced may be repurposed for marketing purposes as set forth in Section III.I.
Special Package for Veterans and Fallen Soldiers
- Fees:
  One-time fee of $1
- Services:
  - All features included in the Silver Package
  - Delivery of final Materials to the designated funeral home
- Additional Terms:
  The Client consents to the use of all produced content for promotional purposes as described in Section III.I.

C. Additional Services

In addition to the packages above, Memorial Video Pages offers the following services on a project basis:

Photography and Videography:
Professional on-site or studio sessions to capture images and video content tailored to commemorative needs.
Marketing Services:
Comprehensive marketing strategies, including social media management, content creation, and strategic consultation.
Ad Campaign Setup:
Design, implementation, and management of digital advertising campaigns, including budget management and performance reporting.

All additional service fees and deliverables will be defined in individual contracts or project agreements. The pricing for all Funeral Home Services and additional services is unique to each contract, and final fees may vary based on client-specific requirements.

IV. Indemnification and Limitation of Liability

1. Indemnification

The Client agrees to indemnify, defend, and hold harmless Memorial Video Pages, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

Any breach of these Terms, Privacy Policy, or this Addendum;
Any misuse or unauthorized disclosure of Personal Data or Materials; or
Any claim that the Client’s User Content infringes on the rights of a third party.

2. Limitation of Liability

Under no circumstances shall Memorial Video Pages be liable for any indirect, incidental, consequential, or punitive damages (including loss of profits, revenue, data, or goodwill) arising from or related to the use of the Service, even if advised of the possibility of such damages. The total aggregate liability of the Company shall not exceed the total fees paid by the Client for the specific Service or project at issue.

V. Miscellaneous Provisions

1. Governing Law and Jurisdiction

These Terms, Privacy Policy, and this Addendum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles. This Service is provided to Users in multiple states across the United States and internationally; however, any disputes shall be resolved in the appropriate Virginia courts, and the Company shall not be liable for any inconsistencies arising from international laws or regulations.

2. Severability

If any provision of these Terms or this Addendum is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

3. Amendments

Memorial Video Pages reserves the right to modify or amend these Terms, the Privacy Policy, or this Addendum at any time. Notice of modifications will be provided via the Service or our website. Your continued use of the Service after such changes constitutes acceptance of the revised terms.

4. Entire Agreement

This document, including the Terms of Service, Privacy Policy, and this Addendum, constitutes the entire agreement between the Client and Memorial Video Pages concerning the Service and supersedes all prior communications, whether oral, written, or electronic.

VI. Memorial Video Pages Roku Channel Specific Provisions

By using the Memorial Video Pages Roku channel, you agree to the above Terms and acknowledge that the Roku platform is merely a medium for accessing the Service. The Company is not responsible for any limitations or technical issues imposed by Roku. In the event of conflicts between these Terms and any Roku-specific guidelines, these Terms shall prevail.

Privacy Policy

1. Introduction

This Privacy Policy describes how Memorial Video Pages (“we,” “our,” or “us”) collects, uses, and discloses information when you use our Roku channel (“the Service”). By using the Service, you agree to the collection and use of information in accordance with this policy.

2. Information We Collect

a. Personal Information: When you create an account or submit User Content, we may collect personal information such as your name, email address, and any other information you provide.

b. Usage Data: We may collect information about how you access and use the Service, including your IP address, device information, and interaction with the Service.

c. Cookies and Similar Technologies: We may use cookies and similar tracking technologies to monitor activity on the Service and hold certain information.

3. Use of Information

We use the collected information to:

a. Provide and maintain the Service.

b. Notify you about changes to the Service.

c. Allow you to participate in interactive features.

d. Provide customer support.

e. Monitor usage and improve the Service.

f. Detect, prevent, and address technical issues.

4. Sharing of Information

We may share your information with:

a. Service Providers: Third-party companies and individuals to facilitate our Service, provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used.

b. Legal Requirements: If required by law or in response to valid requests by public authorities.

5. Security of Data

We strive to use commercially acceptable means to protect your personal information but cannot guarantee its absolute security.

6. Children’s Privacy

The Service is not intended for individuals under the age of 18. We will collect and present the name of any family member provided under the age of 18 only for the sole purpose of displaying their name, date of birth, death date, and facts provided by family. We do not knowingly collect personal information from children under 18. If we become aware that we have collected personal information from a child under 18 such as social security, explicit photos, or medical/death information not provide by the direct family , we will take steps to remove that information from our servers.

7. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Service. You are advised to review this Privacy Policy periodically for any changes.

8. Your Rights

Depending on your jurisdiction, you may have the right to access, correct, or delete your personal information. To exercise these rights, please contact us at [contact information].

9. Contact Us

If you have any questions about this Privacy Policy, please contact us at info@memorialvideopages.com

10. Third-Party Services

The Service may contain links to third-party websites or services that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

11. Data Retention

We will retain your personal information only for as long as is necessary for the purposes set

Acknowledgment and Acceptance:
By engaging with Memorial Video Pages and its Services, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and policy.

Disclaimer: This document is provided for informational purposes only and does not constitute legal advice. Clients are strongly encouraged to consult with independent legal counsel to review these terms in light of their individual circumstances.