Terms of Service

1. INTRODUCTION

 

Welcome to Not Forgotten®!


Thank you for using the Not Forgotten platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  

Our Service

The Service allows you to create, preserve, share and discover legacies (referred to as “Legacy” or “Archive” or their plurals) and greeting cards (“Cards” or “Love Notes” including photos, videos, greeting cards and other digital content.

 

Not Forgotten provides lots of information about our products and services and how to use them in our Help Center.  Among other things, you can find out about the Not Forgotten apps the Not Forgotten partner programs, and Legacy product purchases and creation. You can also read all about the Not Forgotten library, accessing Legacies and preservation processes.

Your Service Provider

The entity providing the Service is NotForgotten Digital Preservation Library LLC, a company operating under the laws of New Jersey, located in Princeton, New Jersey (referred to as “Not Forgotten”, “we”, “us”, or “our”). References to Not Forgotten’s “Affiliates” in these terms means the other companies within the Not Forgotten Digital Preservation Library LLC holding group (now or in the future).

 

Agreement and Applicable Terms

By using the Service on the Not Forgotten platform including mobile apps, websites, and the Not Forgotten® library you agree to these Terms and Conditions (the “Terms”). Any new features included in the Services in the future will also be subject to these Terms. Use of the Service is subject to these Terms,  our Cookie Policy, our  Cancellation Terms, and Copyright Policy each of which are incorporated herein by reference  (together, this "Agreement") and each of which may be updated from time to time. Please read these documents and our Privacy Policy (which describes how we collect, process, use, and share your data) carefully because they contain important information about your rights and responsibilities when you use the Services.   

Additional terms may apply which will be disclosed to you when you sign up for a new Service or take advantage of a new promotion or special offer, which terms become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. If you have any questions about these Terms or our Services, please contact us.

Any other links or references provided in these Terms are for informational use only and are not part of the Agreement.

 

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

 

To help you to read these Terms, we have broken them down into the following sections:

Table of Contents

1.Services. 

1.1        Who may use the Service?

1.1.1 Age Requirements

1.1.2 Permission by Parent or Guardian

1.2 The Service

1.3 Your Use of the Service

1.3.1 Your Legacy

1.3.2 Greeting Cards (“Love Notes”)

1.3.3 Updates to the Service

1.3.4 Protecting Your Information

1.3.5 Permissions and Restrictions

1.3.6 Reservation

2. Confidentiality

2.1 Legacy Products

2.2 Love Notes

3. The Trust and Access

3.1 The Not Forgotten Guarantee Trust Fund

3.2 Accessing the Legacies

4. Content and Conduct

4.1 Not Forgotten Content

4.2 User Provided Content

5. Copyright Protection

6. Account Suspension & Termination

6.1 Terminations by You

6.2 Terminations and Suspensions by Not Forgotten

6.2.1 Notice for Termination or Suspension

6.2.2 Effect of Account Suspension or Termination

7. Payments, Cancellations & Refunds for Services

7.1 Payments

7.1 Refund Eligibility

8. About Software in the Service 

8.1 Downloadable Software 

8.2 Mobile License Agreement 

8.2.1 App Stores

8.2.2 Apple Store

8.3 Open Source

9. Services Offered by Other Companies

10. Warranty

11. Limit of Liability

12. Your Indemnity

13. Controlling Law

15. Miscellaneous

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1. SERVICES

1.1 Who may use the Service?

Unregistered guests, free registered guests, and people who purchase or activate a Not Forgotten legacy product are all “Users” under these Terms.

The Services are available to all adults who are 18 years of age or older throughout the world, though all content on the Platform, including the videos, will be in English. If you access the Services from outside the United States, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright, transmission of data to and/or from the United States, and content. In addition, you consent to having your personal data transferred to and processed in the United States.

1.1.1 Age Requirements

You must be at least 13 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.

 

1.1.2 Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

1.1.3 Businesses


If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

 

1.2 The Service

The Service allows you to  create, preserve, share and discover Legacies including photos, videos and other digital content.

 

Specifically, the Service include (but not limited to):

  • The use of our web or mobile app-based tools that provide legacy services including video creation, video screening, digital media upload, family history data upload, legacy product purchase and creation services, and Legacy access services.

  • The use of our web or mobile app-based tools that provide greeting card services including video creation, video screening, digital media upload, greeting card purchase and creation services, and library services.

  • Processing and handling of personal data and User provided family history for the creation of records associated with a Users Legacy

  • Processing and handling of Users personal data for account management purposes

  • Preservation, storage and archiving services

  • Use of our Library and Trust and other Legacy cataloging and access services.

  • Interview and filming services – in person and online

 

These features and tools shall collectively be known as the “Services".  Please read the following Terms before using the Services.

 

We offer the Services at www.not-forgotten.io and other websites and applications powered by us (the “Platform”).  

 

1.3 Your Use of the Service

1.3.1 Your Legacy

We provide various features and tools that allow users to

  • Preserve and share photo and video memories

  • Tell a story or capture commemorative events

  • Convey remembrances of lost friends and loved ones,

  • Construct a family tree to depict a family’s genealogy.

  • Upload digital media, make videos, and link these to your family history

  • Access interview and filming services – online or in person

  • Preserve and archive your Legacy

  • Catalog your Legacy in the Not Forgotten Library, on the blockchain or in the family history records

  • Have your Legacy made available for access through the Not Forgotten Library

  • Locate final resting places, and Legacies

 

 

Here are some details about how to create your own Not Forgotten legacy.

1.3.2 Greeting Cards (“Love Notes”)

We provide various features and tools that allow users to

  • Receive greeting cards

  • Share photo and video greetings with individual recipients and in a library

  • Upload digital media, make videos, and select and send greeting cards

  • Design fully customized greeting cards  

  • Access filming services

  • Have your design made available for use and access by others

 

1.3.3 Updates to the Service

NotForgotten is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Not Forgotten application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your account, subject to applicable law and policies. 

 

1.3.4 Protecting Your Information


Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The Kids Privacy Notice  provides additional information about our privacy practices that are specific to Not Forgotten Kids.

 

We will process any digital or audiovisual content uploaded by you to the Service in accordance with the Data Processing Terms in the Privacy Policy

 

We protect your information as described in our Privacy Policy. If you choose to download a copy of your Legacy, that copy is not protected by our security measures and you are solely responsible for storing, securing, and protecting that downloaded data. Not Forgotten has no responsibility if you elect to share or transfer your downloaded Legacy with others, either intentionally or inadvertently.

To protect your Not Forgotten account, keep your password confidential. You should not reuse your account password on third-party applications.

1.3.5 Permissions and Restrictions

Permissions in the use of the Services

In exchange for your access to the Services, you agree that you will:

1. Comply with Not Forgotten’s Cookie PolicyCopyright Policy, and  Cancellation Terms 

2.Comply with all applicable laws;

3. You will not resell Not Forgotten Legacy products without a Not Forgotten Reseller agreement;

4. Provide content that is either your own or that of a person for whom you are a parent or legal guardian;

5. Be responsible for all usage and activity on the Services made via your account or with your log-in information;

6. Contact us if you suspect your account has been used without your authorization or you believe your username and password have been stolen

In exchange for your access to the Services, you agree that you will NOT:

7. submit any information that you know is false or misleading, including impersonating any person, misrepresenting your affiliation with any person

8. submit content containing any person’s personal, proprietary, or confidential information such as photos of living individuals (without obtaining their expressed permission), sensitive financial information, or a person’s address, phone number, or email address without their permission. In the case of minors, you’ll need the consent of their parent or guardian

You also agree and give your permission that in the provision of the Services we may

9. Provide your data and media to companies that help us provide the Services, such as library services and preservation services;

10. Send a portion of the proceeds of sale to the Not Forgotten Guarantee Trust Fund

11. Use  Personal Information as described in these Terms and the Privacy Policy

12. Use your Family History Data to create GEDCOM files which may be uploaded for search purposes on family history sites;

13. Catalog your Legacy product on the blockchain

14. Map your Legacy on the Not Forgotten library

15. Catalog your Legacy and your image on your personalized library card and publicly display your library card in the Not Forgotten Library Depository and on the WorldCat

16. Generate written transcripts of your video and reproduce those in the library

17. Display your video to the extent and from the date you have chosen to make it public

18. Allow our film partners to interview you and produce a video from the interview

 

The following restrictions apply to your use of the Service.

You are not allowed to:

19. access, reproduce, reverse engineer, sell, download, distribute, transmit, broadcast, display, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from NotForgotten and, if applicable, the respective rights holders;

20. systematically download data from Not Forgotten databases to make or populate another database for any other purpose.

21. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

22. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Not Forgotten ’s robots.txt file; or (b) with Not Forgotten’s prior written permission; 

23. “Deep link” or frame, inline link, or mirror any part of any Not Forgotten Services without Not Forgotten’s written permission.

24. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

25. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

26. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos from the Service without permission from Not Forgotten); or

27. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Not Forgotten policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Not Forgotten videos are the main draw for users visiting the webpage).

 

 

1.3.6 Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, or any other Content posted by others or Not Forgotten.

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2. CONFIDENTIALITY

2.1 Legacy Products

A Not Forgotten Legacy may be held confidential for up to a maximum of fifty (50) years. Users will elect the duration of confidentiality (referred to as the “Opening Date”, the “Public Availability Date” or a Users “Advance Directive”) during the process of setting up a Not Forgotten Legacy. Once the period has passed, the Legacy will be made available to access by any member of the public.

2.2 Love Notes  

By submitting Content to any part of the Website or via the Service where such Content is viewable to the public, User agrees that such submissions are non-confidential.

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3. THE TRUST AND ACCESSING

The Not Forgotten Library Depository will organize, catalog, preserve, and provide access to the Legacies as set out in the   Not Forgotten Trust Agreement and the Archiving policy.

Not Forgotten Library Depository board of advisors will

  • Professionally archive and document the Legacy products by maintaining Legacies in multiple media formats in multiple locations or to keeping them to prevailing leading archive standards (as defined by Library of Congress)

  • Implement and update appropriate archiving and “professional grade” preservation policies, audits and standards

  • Migrate each copy of the Archives in the Long-Term Storage Vault to new formats from time to time during the Term as storage media become obsolete and in accordance with NotForgotten’s internal policies.

  • Administer the library operation and funding.

  • Maintain an up to date set of holdings records,

  • Maintain and update information on how to access the Legacy products

  • Make the records and contents public and accessible

  • Operate a library management system that facilitates global sharing of the archives; and communicate about the methodology and retrieval fees to access to the Legacy content

  • Run programs of work related to (a) the preservation and maintenance of the holdings including updating technologies and file format migrations, blockchain code updates or changing storage providers. (b) recordkeeping, and (c) making registry and records public and accessible;

  • Review and adopt appropriate succession plan for the Archives;

3.1 The Not Forgotten Guarantee Trust Fund

The Trust (“NotForgotten Trust” or the “Trust”) has been established to ensure the long-term survival of our archive. The NotForgotten Trust is funded with a portion of the NotForgotten fees paid by our customers when they sign up for the Services.  These funds will be invested to generate enough income to cover: (i) storage costs of the NotForgotten Archives in the Long-Term Storage Vault, (ii) the cost of migrating the physical copies of the Videos to updated formats over time, and (iii) the cost of migrating preserved GEDCOM and WorldCat records to other types of records formats in the future should GEDCOM and/or WorldCat be phased out. `

The primary purpose of the Trust is to protect the funding of the library; to provide financial support to the library and to be able to support the records and Legacies held by the Library, by investing the funds.

The NotForgotten Trust is overseen by an advisory board (the “Advisory Board”) that will be responsible for overseeing the administration of our continuing obligations.

3.2 Accessing the Legacies

After the Public Availability Date, the public may obtain copies of the Legacy in question for a small retrieval fee (not for profit – but enough to cover retrieval costs) through email address support@not-forgotten.com or directly from the Trust.

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4. CONTENT AND CONDUCT 

4.1 Not Forgotten Content

The Services include records, documentation, and indexes of content such as library records, blockchain smart contracts, GEDCOM files and pedigree charts provided to you by Not Forgotten (“Not Forgotten Content.”). All Not Forgotten Content is owned by or licensed to us and may be used only in accordance with these Terms, including Not Forgotten Content that may be in the public domain (“Public Domain Content”).

You agree:

  • To use the Not Forgotten Content only as necessary for your personal use of the Services or your professional family history research;

  • To download the Not Forgotten Content only as search results relevant to such research or as part of your product or where expressly permitted by Not Forgotten;

  • To keep all copyright and other proprietary notices on any Not Forgotten Content you download or print;

  • Not to distribute, republish, or sell significant portions of any Not Forgotten Content; and,

  • Contact us to obtain our written permission if you want to use more than a small portion of individual photos and documents that are Public Domain Content.

 

4.2 User Provided Content

User Provided Content: Not Forgotten facilitates your contributing a variety of content into the Services, including but not limited to Personal Information and content such as “Love Notes”, family trees, photos, videos, recordings, stories about relatives, wills and more (“User Provided Content”).

With respect to User Provided Content, you agree that:

  • You are solely responsible for your User Provided Content;

  • You have all the necessary legal rights to upload or post your User Provided Content; If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.

  • You will provide Not Forgotten, upon our request, with any documentation necessary to evidence your compliance with these Terms; and

  • Any User Provided Content that you have shared publicly (e.g. by including such User Provided Content in a public family tree, or on the blockchain as part of your public profile in one of the Services or in a public library record on one of our Services or by electing to make your legacy public from “todays” date) may be viewed by other users as part of, or in conjunction with, the Services.

  • By submitting Content (including Love Notes and Legacies) to any part of the Website or via the Service where such Content is viewable to the public, You agree that such submissions are non-confidential

  • We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the library, family trees or public profiles of other users.

 

You may use your Content to share your business or artistic enterprise but we reserve the right to determine what content is displayed on our video platform, and do not have the obligation, to publicly display it.

 

Personal Information: For more information on the types of Personal Information you may provide us and your respective rights, see our Privacy Policy

Ownership of Your Content: You own your Personal Information and User Provided Content. You can delete your Personal Information from Not Forgotten by logging into your Account Settings (for additional information, see the Privacy Statement).

 

Not Forgotten has no responsibility or liability related to User Provided Content. 

We do not routinely monitor User Provided Content for violations of these Terms, including the Community Rules, but we reserve the right to do so (including using automated monitoring tools and systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content).  We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the Community Rules. Serious or repeat violations or offenses will subject the responsible User to account termination, at Not Forgotten’s sole discretion.

 

4.2.1 Rights you Grant

You retain ownership rights in your Content. Not Forgotten will own the catalogs and library records it creates.

 

However, so long as your content remains on our system, on the blockchain or in our library or the WorldCat, we do require you to grant certain rights to Not Forgotten and other users and providers of the Service, as described below

4.2.2 License to Not Forgotten

By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information (including your family history) in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms and our Privacy Policy, (c) to help our Users store and discover their family histories and Legacies, and (d) for any other purpose to which you expressly agree, such as sharing with others.

Also, by submitting User Provided Content through any of the Services, you grant to Not Forgotten a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display, host, store, copy, publish, provide access to it) in connection with the Service and Not Forgotten’s (and its successors' and Affiliates')  library to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Not Forgotten to copy, display, transact onto the blockchain and index your User Provided Content.

 

4.2.3 License to Not Forgotten Library Depository LLC

Additionally, you grant to the Not Forgotten Library Depository the perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, transferable, world-wide right to catalog, use, copy, display, publish, prepare derivative works from and distribute the User Provided Content and any Metadata corresponding to Items in the Not Forgotten Library Depository Collections.

 

4.2.4 Duration of License

This license terminates when your account is cancelled

The licenses granted by you continue for a commercially reasonable period of time after you delete your account. You understand and agree, however, that Not Forgotten may retain, but not display, distribute, or perform or make copies of your User Provided Content that have been removed or deleted. 

You understand and agree that blockchain transactions cannot be deleted. Additionally, you understand that library records are public and replicated; and to the extent you elected to make your User Provided Content public and other users copied or saved it, this license continues until the content has been deleted both by you and the other users.

4.2.5 Taking down Content from Public Viewing by Not Forgotten

Not Forgotten intends to keep an accurate record of history and legacy and endeavors to always preserve Legacies exactly as they are submitted to Not Forgotten, but Not Forgotten reserves the right to keep Legacies private in our Library for up to 50 years. We also reserve the right to determine what content is displayed on our video platform and on our public Library platform, and do not have the obligation to publicly display it.

Not Forgotten will not publicly display videos that Not Forgotten, in its sole discretion, determines to be offensive, interferes with the rights of others, or causes harm to any person or entity.

If any of your Content is illegal, threatening, harmful, abusive or otherwise objectionable, including content or communications that are degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, sexist, racist, or invasive of another’s privacy we reserve the right to take down some or all of such Content from the public viewing platforms in our discretion.

We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the family trees, library records or public profiles of other users.

You may use your Content to share your business or artistic enterprise and this will be preserved and cataloged but Not Forgotten does not have the obligation to publicly display it.

4.2.6 Removing Legacies from Not Forgotten preservation and library

Not Forgotten intends to keep an accurate record of history and legacy and endeavors to always preserve Legacies exactly as they are submitted to Not Forgotten, and would only remove a Legacy from the Not Forgotten Library under extreme circumstances.

If any of your Content may cause serious harm to Not Forgotten, our users, or third parties, we reserve the right to remove such Content from our library and preservation care at our discretion.

We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Not Forgotten or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Not Forgotten or our Affiliates.

If you believe that your legacy has been removed in error, you may appeal here.

 

If your content was removed deliberately by Not Forgotten, you must not use another account to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Not Forgotten reserves the right to terminate your account or your access to all or part of the Service.

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5. COPYRIGHT PROTECTION

Copyright and Trademark:

Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in the Services.

 

Content which has been contributed by Users remains the property of the submitter or the original creator and we are a licensed distributor of such content. 

If you have concerned that User Provided Content posted by other Users may infringe your rights, contain illegal material, or violate these Terms, please contact us. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, including any Digital Millennium Copyright Act takedown requests, click contact us

We respond to notices of alleged copyright infringement according to the process in our Copyright Center, where you can also find information about how to resolve a copyright dispute. Not Forgotten's policies provide for the termination, in appropriate circumstances, of infringers’ access to the Service.

 

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6 ACCOUNT SUSPENSIONS AND TERMINATIONS

6.1 Terminations by You


You may stop using the Service at any time. Follow these instructions to close your Not Forgotten account and remove your data. You also have the option to download a copy of your data first.

6.2 Terminations and Suspensions by Not Forgotten

Not Forgotten reserves the right to limit, suspend or terminate your account or your access to all or part of the Service and you will not be entitled to a refund of the purchase price

 

if (a) if you breach or act inconsistently with the letter or spirit of this Agreement, including the Community Rules; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Not Forgotten or our Affiliates.

6.2.1 Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Not Forgotten unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Not Forgotten or our Affiliates.

 

6.2.2 Effect of Account Suspension or Termination

If your account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can contact us.

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7. Payments, Cancellations & Refunds for Services

Your purchase(s) of any of the Services are subject to the  Cancellation Terms.

 

7.1 Payments

There are various payment options available for using the Services. These options can be found in the individual Services and may change from time to time. Once you register for a free trial or your initial payment is processed, your account is open, and you can immediately access the relevant Service.

 

Credit card Handling.

 

Only authorized individuals may accept/access credit card information on behalf of Not Forgotten.

 

Credit card payments  may only be processed immediately through the Service. Users may not record credit card information with the intent to process at a later time or manually.

 

At no time under any circumstances will payment information be stored in any format. Payment information includes but is not limited to the donor's name, address, credit card number, Full Magnetic Stripe Data. CAV2/CVC2/CVV2/CID Data, PIN/PIN Block.

 

Credit card information should never be used for any purpose other than processing payments through use of the Service. Customer and donor credit card information should never be transmitted via email, text message, or sent via any electronic messaging technologies such as instant messaging or chat messaging or any other means other than through authorized use of this application.

 

Computers or devices handling or processing credit card information should never be left unattended while the device is unlocked.

 

Any suspected theft or disclosure to unauthorized parties of constituent credit card information must be immediately reported to support@not-forgotten.com

 

Any user suspected of misuse of credit card data will be investigated. Not Forgotten will seek any and all legal remedies available against anyone suspected of misuse of any credit card information.

 

7.2 Refund Eligibility.

United States:

You have the right to change your mind and cancel your order and receive a refund minus a $15 processing fee within 14 days of receiving your order if you request a refund and return any package within 14 days of placing your order and you have not yet used your code to set up.

If you purchased your Legacy at Amazon, you should contact those sellers directly to request a refund.

 

Outside the United States:

You have the right to change your mind and cancel your order and receive a refund at any time within 14 days of receiving your order provided you return any unopened package within 14 days of placing your order and you have not yet used your code to set up. Please contact us to cancel your order and request a refund. You will need to know your order number when you call to cancel. Your order number is in the order confirmation email you received after placing your order. Your right to cancel will lapse 14 days following the date you receive your order.

Professional / videographer products: If you hire a videographer to create your film and the filming is complete or cancelled within 24 hours before the appointment you are not eligible for a refund. 

7.3 Refund Process.

To request a refund, you must (1) provide the same information you provided to us when you placed your order, and (2) return your package undamaged or opened to us. Please contact Customer Services for more information.

Not Forgotten does not refund shipping and processing charges or any applicable taxes paid on the non-refundable portion for Legacies purchased in the United States.  All refunds will be credited to the billing method associated with your account.

Your refund will only be provided via the credit card you used to purchase the kit. Please allow a reasonable time for the credit to reach you.

 

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8. ABOUT SOFTWARE IN THE SERVICE

8.1 Downloadable Software

When the Service requires or includes downloadable software, unless that software is governed by additional terms (such as "mobile" which provide a license, Not Forgotten gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Not Forgotten as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Not Forgotten, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Not Forgotten’s written permission.
 

8.2 Mobile License Agreement

The Not Forgotten Platform offers features and services that are available to you via your mobile phone or other mobile device

 

User agreement and privacy policy. 

 

When you access the Services including Love Notes using a mobile device, we may collect and store sign-on data in connection with that device (including device ID) geolocation data in order to provide our service.

 

You understand and agree that Not Forgotten will collect and process your personal data in accordance with the Privacy Policy.

 

The terms of the NotForgotten user agreement and privacy policy - including all agreements incorporated by reference -  also apply to your use of this application to be clear. This application will form part of the Not Forgotten services you receive from Not Forgotten

 

Not Forgotten reserves the right to make changes to this application or license agreement from time to time.

 

We may charge for Mobile Features.

 

The Application features and services may include, without limitation, the ability to create content, upload content to the Not Forgotten Service, receive messages and content from the Not Forgotten Service (including, without limitation, push messages), download applications to your mobile phone or access Not Forgotten Service features (collectively, the "Mobile Features").

 

Uninstall.

 

To uninstall the Application, please use the application manager provided with your device or otherwise consult your device manual.

Mobile Carrier Fees.

 

Any fees charged to users by their mobile carrier are the responsibility of the user.

Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

 

If you have registered for Mobile Features that utilize your mobile number, you agree to notify Not Forgotten of any changes to or deactivation of your mobile number and update your account(s) on the Not Forgotten Service to reflect this change.

 

Application Use.

Not Forgotten  grants you the right to use this application only for your personal use on the mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you are downloading this Application.

 

App users are to adhere to the Privacy Policy.

 

You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software or software associated with this Application.

 

You may not use this Application in any manner that could impair any Not Forgotten site in any way or interfere with any party’s use or enjoyment of any Not Forgotten site.

 

You must use the Application in compliance with all applicable laws and regulations.

 

You may not rent, lease or otherwise transfer rights to this Application.

 

You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement of other third party services you rely on to use this Application).

 

Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The Parties reserve the right to block access to or use of this Application.

 

System Requirements.

 

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access The version of the Application software may be upgraded from time to time to add support for new functions and services.

 

You must regularly check for and, if available, update the Application software.

8.2.1 App Stores

General. You acknowledge and agree that the availability of any apps we may offer (“Apps”) are dependent on the third party from whom you received the App license (e.g., Apple App Store, Google Play, Roku, or Samsung Smart) ("App Store").

 

You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Not Forgotten Service and our Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

 

In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Not Forgotten Service, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Services, including the Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

8.2.2 Apple Store

Accessing and Downloading Apps from Apple. The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):

Acknowledgment. You acknowledge and agree that (i) these Terms are between you and Not Forgotten (or any third party developer that may own or operate the App) only, and not Apple, and (ii) Not Forgotten , not Apple, is solely responsible for the Apple Store Sourced App and content thereof.

Scope of License. Your license to use the Apple Store Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control, and as permitted by the “Usage Rules" set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Store Sourced App.

Warranty. In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between Not Forgotten  and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Not Forgotten .

Product Claims. You and Not Forgotten  acknowledge that, as between Not Forgotten  and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. You and Not Forgotten  acknowledge that, in the event of any third-party claim that the Apple Store Sourced App or your possession and use of that Apple Store Sourced App infringes that third party's intellectual property rights, as between Not Forgotten  and Apple, Not Forgotten , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple Store Sourced App (e.g., your wireless data service agreement).

Third Party Beneficiary. You and Not Forgotten  acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Apple Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Apple Store Sourced App against you as a third-party beneficiary thereof.

Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Apple Store Sourced App.

 

8.2.3 Export restrictions.

 

The Service Application or its underlying technology may not be downloaded to, or exported, or re-exported: (a)  into (or to a  resident or national of) Cuba, Iran, North Korea, South Sudan, Syria or any other country subject to United States embargo, or you and sanctions. (b) to, anyone on the OFAC list US, Treasury Department list of specially designated nationals or onto the US Commerce Department's Denied Party or Entity list; and (c to any prohibited country person, and user or entities specified by US export laws or other similar legislations.


8.2. 4 Third party beneficiary.

Your mobile OS is a third party beneficiary of this license agreement and upon your acceptance such third party beneficiary will have the right ( and will be deemed to have accepted the right) to enforce this agreement against you.

8.2.5 Disclaimer of Warranties

The application and the service(s) accessed by it are provided “as is” and “as available”.

 

Not Forgotten expressly disclaims to the fullest extent permitted by the law, all expressed implied, and statutory warranties, including without limitation, the warranties of merchantability fitness for a particular purpose. And any warranties regarding the security, reliability, timeliness, and performance of the Application.

 

You download and use the Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

8.3 Open Source

Some software used in our Service may be offered under an open-source license that we make available to you. There may be provisions in an open-source license that expressly override some of these terms, so please be sure to read those licenses.  

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9. SERVICES OFFERED BY OTHER COMPANIES

Our Services may contain links to other sites operated by third parties, including, but not limited to, third-party sites that may display Not Forgotten trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. A link to a Third-Party Site from our websites does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The terms and conditions of use and privacy statement of a Third-Party Site may differ substantially from our Terms and Privacy Statement. Please read the terms and conditions of use and privacy documentation for all Third-Party Sites carefully.

Not Forgotten does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content, products, and services. We have no responsibility related to any Third-Party Site.

 

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10. WARRANTY

While we hope you enjoy using our Services, there are things we don’t promise about our Services.

Except as expressly set out in these Terms, we provide the Services and the Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the NotForgotten Content, (b) about User Provided Content, (c) about the specific functionality of the Services, (d) about the quality, accuracy, reliability, or availability of the Content or Services, or (e) that the Services will be free from viruses or other harmful components.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.

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11. LIMIT OF LIABILITY

 

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.

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12. YOUR INDEMNITY

 

You agree that you will indemnify and hold Not Forgotten, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “NotForgotten Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Not Forgotten Parties from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

 

 

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13. CONTROLLING LAW

If you access the Services on our websites in the United States, the laws of the State of New Jersey and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of New Jersey. If you access the Services on our websites anywhere other than in the United States, the laws of Ireland govern these Terms.

 

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14. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We work hard to keep our customers satisfied. If a dispute arises between you and Not Forgotten, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

You and Not Forgotten agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

 

If any dispute between us is not resolved within 30 days after contacting us, then you and Not Forgotten agree that we will resolve it through final and binding arbitration, with the following three exceptions:

You may assert your dispute, if it qualifies, in small claims court.

  • Both you and Not Forgotten may bring a suit in court in the state of New Jersey only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.

  • If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

  • If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a prorated basis to you.

Arbitration Rules: Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local `court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Statement, including but not limited to any claim that all or any part of these Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Not Forgotten at Not Forgotten Legal Department, 153 Townsend Street, Suite 800, San Francisco, CA 94107. Arbitration may take place in the county where you reside at the time of filing. You and Not Forgotten further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Fees: You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Not Forgotten will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

No Class Actions: You and Not Forgotten each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

YOU AND NOT FORGOTTEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Changes to This Section: Not Forgotten will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

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15. Miscellaneous

Modifications to these Terms: We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except those changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.

Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Agreement and Applicable Terms”, and the licenses granted by you will continue as described under “Duration of License”.

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Not Forgotten regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

Severance: If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

Feedback: If you submit feedback or suggestions about Not Forgotten or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Not Forgotten, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

 

If Not Forgotten is Acquired: If Not Forgotten or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Not Forgotten has the right to share your Personal Information and User Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

 

No Waiver: If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Fair Credit Reporting Act: Not Forgotten is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

 

Interpretation: In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

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