Terms of Service

Last updated: 11/19/2025

1. Acceptance of Terms

By accessing or using Memorial.Earth, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

2. Description of Service

Memorial.Earth is a digital platform that allows users to create and share memorials for loved ones. Users can create memorial pages, upload images, add biographical information, and contribute to memorials through candle purchases. All profits from candle purchases go to charity.

3. User Accounts

3.1 Account Creation

To use certain features of our platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms of Service or engage in any fraudulent, abusive, or illegal activity.

4. User Content

4.1 Content Ownership

You retain ownership of all content you create and upload to Memorial.Earth. By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content on our platform.

4.2 Content Guidelines

You agree not to post content that:

  • Is illegal, harmful, or violates any laws
  • Infringes on the rights of others (copyright, privacy, etc.)
  • Is defamatory, harassing, or abusive
  • Contains spam, malware, or malicious code
  • Is false, misleading, or deceptive

4.3 Memorial Information

Important: Once you create a memorial, certain information becomes permanent and cannot be modified:

  • Memorial name
  • Birth date and passing date
  • Location
  • Biography

This is to ensure the integrity and accuracy of memorial records. Please review all information carefully before submitting.

5. Candle Purchases and Donations

When you purchase a candle on Memorial.Earth, you are making a donation to charity. By purchasing a candle, you agree that:

  • All profits from candle purchases go to charity (100% of profits)
  • Candles extend the memorial's lifespan (6 days per $1 USD donated)
  • Your candle and message will be permanently associated with the memorial
  • Refunds are subject to our Refund Policy

6. Prohibited Activities

You agree not to:

  • Use the platform for any illegal purpose
  • Impersonate others or provide false information
  • Interfere with or disrupt the platform's operation
  • Attempt to gain unauthorized access to any part of the platform
  • Use automated systems to access the platform without permission
  • Create memorials for individuals without proper authorization

7. Intellectual Property

The Memorial.Earth platform, including its design, features, and functionality, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works of our platform without our express written permission.

8. Disclaimers

Memorial.Earth is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

  • The platform will be uninterrupted or error-free
  • Defects will be corrected
  • The platform is free of viruses or other harmful components

9. Limitation of Liability

To the fullest extent permitted by law, Memorial.Earth and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the platform.

10. Indemnification

You agree to indemnify and hold harmless Memorial.Earth and its operators from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the platform, your content, or your violation of these Terms of Service.

11. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes by posting the updated terms on this page and updating the "Last updated" date. Your continued use of the platform after such changes constitutes acceptance of the new terms.

12. Company Information

Memorial.Earth is operated by Memorial Earth, a company based in the Czech Republic. While our services are primarily targeted at English-speaking countries including the United Kingdom and United States, our operations are subject to Czech law and European Union regulations.

Company Address:

Memorial Earth

Na Borku 1609

43111 Jirkov, Ústí nad Labem

Czech Republic

Note: Business registration is currently in progress. This information will be updated once registration is finalized.

13. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of the platform shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

14. Dispute Resolution

EU and UK Users: If you are a consumer located in the European Union or United Kingdom, you may be entitled to use the European Online Dispute Resolution platform to resolve disputes. You can access the platform at https://ec.europa.eu/consumers/odr.

We are committed to resolving disputes amicably. If you have a complaint or dispute, please contact us through our support page first. We will make every effort to resolve the matter satisfactorily.

If we cannot resolve a dispute through direct communication, and you are a consumer in the EU or UK, you may also contact your local consumer protection authority for assistance.

15. Contact Information

If you have any questions about these Terms of Service, please contact us through our support page at /support or email us at legal@memorial.earth.

Company Address:

Memorial Earth

Na Borku 1609

43111 Jirkov, Ústí nad Labem

Czech Republic

Email: legal@memorial.earth

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