FUNERAL VIDEO MAKER – TERMS OF SERVICE (July 2025)
These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “User”) and Video Maker Studios, LLC, a Wyoming limited‑liability company (“Video Maker Studios”, “we”, “our” or “us”), regarding your access to and use of the Funeral Video Maker website located at https://funeralvideomaker.com (the “Site”), our hosted software‑as‑a‑service platform and related mobile/desktop applications, and any associated content, features or services (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1. Eligibility & Account Registration
1.1 Age & Capacity. You must be at least 18 years old (or the age of majority where you live) and able to enter a binding contract.
1.2 Account Creation. You must create an account, provide accurate information, and keep your credentials secure. You are responsible for all activity that occurs under your account.
1.3 Business Users. If you register on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
2. Description of Services
2.1 Memorial Video Creation. Users can upload photos, video, audio and text (“User Content”) to generate personalized memorial videos.
2.2 Forever Memorial Page Add‑On. For a one‑time fee, you may publish a dedicated public page hosting the finished video (“Memorial Page”) that we intend to keep online indefinitely, subject to Section 8.
2.3 Physical Keepsakes & Third‑Party Vendors. We offer QR‑code plaques, prints and other products manufactured and fulfilled by Printful or other vendors. Such vendors are solely responsible for production, shipping, returns and related warranties.
3. License to You
Conditional on your compliance with these Terms, we grant you a limited, non‑exclusive, revocable, non‑transferable, sub‑licensable to our service providers license to access and use the Services for your personal or internal‑business purposes.
4. User Content
4.1 Ownership. You retain all rights in your User Content. You grant us a worldwide, royalty‑free license to host, process, display, reproduce, modify and create derivative works solely to provide and improve the Services.
4.2 Representations. You warrant that you own or have all rights necessary to upload and use the User Content, including any music or likenesses, and that it does not infringe any third‑party rights or laws.
4.3 Prohibited Content. You must not upload content that is unlawful, harassing, hateful, defamatory, obscene or otherwise objectionable; that contains malware; or that violates these Terms.
4.4 DMCA Policy. We respond to valid Digital Millennium Copyright Act notifications. See the “Contact and DMCA Agent” section for instructions.
5. Fees, Billing & Renewals
5.1 Pricing. Current prices are displayed on our Pricing Page, which is incorporated by reference and may change from time to time.
5.2 Subscriptions & Auto‑Renewal. Certain Service plans renew automatically until canceled. By purchasing a subscription, you authorize recurring charges to your chosen payment method.
5.3 Taxes. Prices exclude applicable sales or value‑added taxes, which will be added where required.
5.4 Refunds. Except as required by law, all purchases are final and non‑refundable.
6. Forever Memorial Page – Special Terms
6.1 Our Aspirational Goal. We offer the “Forever Memorial Page” service with the sincere goal of preserving each Memorial Page online for as long as possible. The terms “Forever” or “Lifetime” used in our marketing refer to this aspirational goal and the intended longevity of the service.
6.2 Definition of “Lifetime” Commitment. For the purposes of these Terms, any “lifetime” or “forever” commitment is explicitly defined as the lifetime of the Memorial Page service as commercially offered by Video Maker Studios. It does not refer to the lifetime of a user, the subject of a memorial, or any other fixed period. The service may be modified or discontinued at our sole discretion.
6.3 Acknowledgment of Risk and No Guarantee. You acknowledge and agree that no digital service can guarantee perpetual availability. The continued operation of the Memorial Page service is dependent on many factors, including technological viability, economic feasibility, and business continuity. Therefore, THE “FOREVER” DESIGNATION IS NOT A GUARANTEE OF PERMANENT UPTIME. The service may become unavailable or be discontinued due to events including, but not limited to, system failure, data loss, business closure, acquisition, a change in business strategy, or other circumstances.
6.4 Limited Remedy in Event of Discontinuation. Should Video Maker Studios decide to discontinue the Memorial Page service, or should a page become permanently unavailable for reasons within our control, our sole and exclusive liability to you, and your sole remedy, will be as follows:
We will make a commercially reasonable effort to provide advance notice (if practical) and an opportunity for you to download a digital copy of your finished memorial video. If we are unable to provide a downloadable copy, our liability is strictly limited to a one-time refund of the original fee you paid for the Memorial Page add-on.
6.5 No Bailment. Hosting a Memorial Page does not create a bailment, fiduciary duty, or other special relationship. You remain solely responsible for maintaining your own backup copies of your User Content, per Section 8.3.
7. Acceptable Use Policy
You agree not to (a) reverse‑engineer, decompile or tamper with the Services; (b) use the Services in violation of any law; (c) transmit malware or engage in data scraping; (d) infringe anyone’s intellectual‑property, publicity or privacy rights; or (e) interfere with other users’ enjoyment of the Services.
8. Availability, Updates & Backups
8.1 No SLA. We strive for high uptime but do not guarantee the Services will be uninterrupted or error‑free.
8.2 Updates. We may modify, suspend or discontinue the Services (or any feature) at any time without liability.
8.3 Your Backups. You are solely responsible for downloading and backing up your videos and User Content.
9. Beta Features & Feedback
We may offer early‑access or experimental features (“Betas”). Betas are provided “AS IS” without support. You grant us a perpetual, royalty‑free license to use any feedback you provide.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (ii) US $100. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS OR GOODWILL.
12. Indemnification
You will defend, indemnify and hold harmless Video Maker Studios and its affiliates from any claims, damages or expenses arising out of your use of the Services, your User Content or your breach of these Terms.
13. Suspension & Termination
We may suspend or terminate your access at any time, with or without notice, if we believe you violated these Terms or to protect the Services. Upon termination, Sections 4–18 survive.
14. Governing Law & Dispute Resolution
14.1 Law. These Terms are governed by the laws of the State of Wyoming, U.S.A.
14.2 Informal Resolution. Contact us first to resolve any dispute informally.
14.3 Binding Arbitration & Class‑Action Waiver. Any dispute not resolved informally will be settled by final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will occur in Cheyenne, Wyoming, or remotely, at your choice. You and we waive the right to jury trial and to participate in class actions.
14.4 Opt‑Out. You may opt out of arbitration by sending written notice within 30 days of your first acceptance of these Terms.
14.5 Small‑Claims Court. Either party may bring an individual claim in small‑claims court instead of arbitration.
15. Changes to Terms
We may update these Terms at any time. We will post the revised Terms with a new “Last Updated” date and will notify active subscribers at least 30 days before material changes take effect. Continued use after the effective date constitutes acceptance.
16. Miscellaneous
Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us.
Severability. If any provision is unenforceable, the rest remain in effect.
No Waiver. Failure to enforce any provision is not a waiver.
Force Majeure. We are not liable for events beyond our reasonable control.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
17. Contact & DMCA Agent
Video Maker Studios, LLC
810 Old Alpine Rd
Alpine, WY 83128 USA
Email: funeralvideomaker@gmail.com
For DMCA notices: Attn Legal / DMCA Agent – same address and email above.