Terms of Service

1. Acceptance of Terms

These Terms form a legally binding agreement between you and Albatross Ecommerce LLC (doing business as "LoveKept"). By opening an account, publishing a memorial, adding content such as guestbook entries, stories, or photos, buying any product or service, or making use of any other part of the Service, you confirm that you have read and understood these Terms, our Privacy Policy, our Refund Policy, and, if you use fundraising features, our Fundraising Terms, each incorporated here by reference, and that you agree to be bound by them. They govern everyone who uses the Service, including visitors who never create an account but still interact with it, for instance by leaving guestbook entries, subscribing to memorial updates, or simply browsing memorial pages.

2. Account Management

• You need to be 18 or older to open an account or use the Service.
• Keeping your login credentials confidential is your responsibility, as is everything that happens under your account.
• You agree to give accurate, up-to-date information when you register and to keep it current as needed.
• If you notice any unauthorized use of your account, tell us right away at support@lovekept.co.
• You may keep only one account, and you may not share your credentials with anyone else.

3. User Conduct and Content

• Truthful Representation: You agree that the information you give about the deceased will be strictly factual and honest. In creating a memorial, you represent that you personally knew the deceased or hold valid authority to act on their behalf. You also represent and warrant that you own or have secured every right, license, and permission needed for the content you upload, whether photographs, videos, or written material, and that none of it infringes the intellectual property, privacy, or other rights of any third party.
• Content License Grant: You retain all ownership rights to content you upload or post on the Service ("User Content"). By posting User Content, you grant LoveKept a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, display, reproduce, modify (for formatting, optimization, and display purposes only), and distribute your User Content in connection with operating and providing the Service. This license continues until you delete the specific User Content or your account, except that: (a) content shared in public areas of the Service (such as guestbook entries and stories) may be retained after deletion; (b) copies made for backup or archival purposes may persist for a reasonable period; and (c) if your account is terminated (whether by you or by us), this license shall continue to the extent necessary for LoveKept to preserve memorials in a read-only state as described in Section 12. This license includes the right to make your User Content available to third-party service providers who assist us in operating the Service (e.g., content delivery networks, hosting providers, backup services).
• Contributor Content: When you add content to a memorial someone else created, such as guestbook entries, stories, photos, or timeline entries, you grant the same license set out above. You accept that the memorial owner may moderate, edit, or take down your contributions as they see fit.
• Dignity and Respectful Representation: You agree to remember the deceased in a respectful and dignified way. We know a life story can be complicated and may touch on sensitive matters such as addiction or mental health, but you are strictly forbidden from raising such details with malicious intent to shame, harass, degrade, or damage the reputation of the deceased or to distress surviving family members.
• Prohibited Actions: You may not post content that is illegal, hateful, defamatory, or infringing. This means a firm ban on defamation (false statements of fact), harassment, threats, and doxxing aimed at any person or organization, LoveKept staff included, and we hold a zero-tolerance stance toward harassment, threats, or malicious attacks. You also agree not to: (a) interfere with or disrupt the Service or its infrastructure; (b) try to gain unauthorized access to any part of the Service or to systems or networks connected to it; (c) take advantage of any vulnerability, bug, or security weakness in the Service; or (d) use the Service in any manner that could damage, disable, overburden, or impair it.
• Absolute Content Discretion: LoveKept may, at its sole and absolute discretion, review, refuse, monitor, remove, or unpublish any content or memorial page at any time, with or without a reason and without prior notice or explanation. We take on no liability for content we remove and owe no explanation for our moderation decisions. Some moderation may be carried out by automated systems.
• No General File Storage: The Service exists purely to preserve memories, stories, and tributes tied to the deceased. You may not treat a memorial page as remote file storage, a data repository, or a content delivery network (CDN) for unrelated files. LoveKept may decide, at its sole discretion, that a memorial's storage use is excessive or abusive and may limit, throttle, or remove content in response.
• No Automated Data Collection: Without our express written permission, you agree not to access, monitor, or copy any content or information on this Website through any robot, spider, scraper, other automated means, or manual process, for any purpose. You also agree not to breach the restrictions in any robot exclusion headers on this Website, nor to bypass or work around other measures we use to prevent or limit access to it.

4. Reserved

This section number is reserved so that the numbering of the sections that follow, and any references made to them, stay stable. It contains no terms and does not affect your rights or obligations.

5. Editorial Tools and Technology

LoveKept draws on computational tools and technologies to support our editorial team across various parts of the Service. By using the Service, you acknowledge and agree to the points below:

• Technology-Assisted Features: The Service relies on computational tools to help with obituary drafting, memorial content creation, content moderation, blog and article writing, image analysis, and other features. Content shaped with the help of these tools may carry inaccuracies or gaps that stem from third-party source material. Everything we publish passes through editorial review.
• User-Initiated Drafting Features: When you use assisted drafting features such as the obituary writer, checking, verifying, and approving whatever they produce before it goes live is entirely up to you. LoveKept makes no guarantee that drafted content is accurate, suitable, or complete, and you take on full responsibility for anything you choose to publish.
• Editorially Created Content: For content our editors create, such as blog posts and articles, LoveKept reviews the material before it is published. We aim for accuracy, but we do not warrant the accuracy of information gathered from third-party sources and disclaim liability for errors or inaccuracies, as Section 13 sets out.
• No Reliance: Biographical content assembled from third-party sources is offered for informational and commemorative purposes only. LoveKept bears no liability for decisions, actions, or omissions made in reliance on it.
• Changes to Features: We may modify, improve, or replace editorial tools and features at any time without notice, since these are operational changes that do not affect your rights under these Terms. Should we retire a user-facing feature altogether, we will give reasonable notice where practicable.

6. Memorial Disputes and Collaboration

6.1 Memorial Ownership Disputes

Where a dispute arises over the administration or content of a memorial page, for example a disagreement among family members, LoveKept treats the account creator as the memorial's primary owner unless a court order, estate documentation, or notarized agreement shows otherwise. We do not adjudicate family or estate disputes. Even so, at our sole discretion we may freeze, hide, or remove a memorial caught up in a dispute until we receive:

• A valid court order directing a specific action;
• A notarized agreement signed by every party to the conflict; or
• Official documentation from an estate executor or administrator that resolves the dispute.

If the account creator is not a family member, an authorized estate representative may submit a verified request to take over the memorial. LoveKept weighs such requests case by case and is under no obligation to transfer ownership.

6.2 Memorial Collaboration

Memorial owners can invite collaborators to help build a memorial and assign each of them a role, such as Admin or Editor. The owner keeps ultimate control and may remove collaborators or revoke access at any time. Anything a collaborator contributes stays subject to the license granted in Section 3 even after that collaborator is removed. LoveKept does not mediate disputes between memorial owners and their collaborators.

7. DMCA Copyright Policy

We respect the intellectual property rights of others and follow the Digital Millennium Copyright Act ("DMCA"). If you believe content hosted on our Service infringes your copyright, you may send our Designated Agent a notification containing the information below. For step-by-step guidance on reporting copyright infringement or abusive content, see our Report Content page.

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., a URL);
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Agent: Our Designated Agent is registered with the U.S. Copyright Office's DMCA Designated Agent Directory. DMCA notices should be sent to: DMCA Agent, Albatross Ecommerce LLC, 254 Chapman Rd, Ste 209, Newark, DE 19702; Phone: (631) 542-3991; Email: abdullah@memoritree.com. Please use the subject line "DMCA Takedown Notice."

Counter-Notification: If you believe your content was wrongfully removed pursuant to a DMCA notice, you may submit a counter-notification to our Designated Agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your judicial district and will accept service of process from the person who provided the original DMCA notification. Upon receipt of a valid counter-notification, we will forward it to the complaining party and may restore the removed content within 10 to 14 business days unless the complaining party notifies us that it has filed a court action.

Repeat Infringers: It is our policy to terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances. We may also, in our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Purchases, Subscriptions, and Refunds

• 8.1 Transactions: Payments for products and services run through third-party payment processors. LoveKept's own transactions, such as Memorial Preservation and Tree Planting, are processed by Stripe. Flower orders are fulfilled by our flower shop partner, Florist One, and are paid through Authorize.net, the payment processor Florist One uses. When you buy something, you agree to the terms and privacy policies of the payment processor involved.
• 8.2 Pricing: Unless we say otherwise, all prices are shown in U.S. dollars and may change without prior notice. We may refuse or cancel orders at our discretion, including where a pricing error has occurred.
• 8.3 Flower Orders: When you order through our Flower Shop, you understand that third-party florists handle fulfillment. LoveKept will help with questions and work toward resolving order problems, but the florist keeps ultimate responsibility for fulfillment, delivery timing, and product quality.
• 8.4 Tree Planting: Third-party environmental organizations fulfill tree planting orders. Once an order has been submitted for fulfillment, it counts as a performed service and is non-refundable. On the rare occasion fulfillment cannot be completed, LoveKept will make reasonable efforts to arrange it another way or issue a refund at its discretion.
• 8.5 Subscriptions: A small number of accounts carry optional recurring subscriptions, such as legacy memorial storage plans that are no longer sold to new customers. Any subscription you hold renews on its own at the close of each billing period unless you cancel before the renewal date. You can cancel at any time from the Orders page in your account or by contacting support, and the cancellation takes effect at the end of the current billing period. We do not refund partial billing periods.
• 8.6 Refund Policy: Every purchase is governed by our Refund Policy, and refund requests must be made within thirty (30) days of the original purchase date.

9. Third-Party Services and Partners

Running the Service and fulfilling certain requests may involve third-party vendors and partners, including but not limited to florists, tree planting organizations, payment processors, technology providers, email delivery services, and analytics platforms. LoveKept acts only as a platform that connects you with them. We do not control, endorse, or assume responsibility for any product, service, action, or omission of these third parties. You agree that LoveKept shall not be liable for any loss or damage of any kind arising from your dealings with them or from their presence on our Service.

Fundraising features rely on Stripe Connect to process donations and to pay out to connected accounts controlled by the organizer. By creating a fundraiser, the organizer agrees to the Stripe Connected Account Agreement and to complete whatever identity verification Stripe requires. Before any funds are paid out, the organizer must complete identity verification, which may include their Social Security number, date of birth, and, if requested, a government-issued photo ID. Donations are collected and held but no payout is released until this is completed, and if the organizer does not complete verification or payout setup within 90 days, the affected held donations are refunded to the donors. LoveKept acts solely as a platform facilitating these connections and does not control or guarantee payout timing.

10. Email Communications

By opening an account or subscribing to memorial updates, you consent to receive email from LoveKept, including:

• Transactional emails: Account confirmations, password resets, purchase receipts, and order updates. Because these are essential to the Service, you cannot opt out of them while your account is active.
• Memorial digest emails: When you subscribe to a particular memorial's updates, we send occasional emails about new guestbook entries, stories, and other activity there. You can unsubscribe from these digests at any time using the link in each email or through your account settings.
• Promotional emails: From time to time we may send promotional or informational emails. You can opt out of these whenever you like by following the unsubscribe instructions in each message.

11. Intellectual Property

The LoveKept platform, including its source code, design, logos, trademarks, and all editorially created content, is the intellectual property of Albatross Ecommerce LLC. Without our express written permission, you may not copy, reproduce, scrape, crawl, data-mine, or reverse-engineer any part of the Service.

Every memorial, whether written by LoveKept or submitted by our users and community, is protected content. Unauthorized reproduction, scraping, crawling, or data mining of memorial content is strictly prohibited and may lead to legal action.

12. Termination

• Right to Terminate: At our sole discretion, we may deny anyone access to and use of the Service, including by blocking certain IP addresses, for any reason, among them a breach of any representation, warranty, or covenant in these Terms or of any applicable law or regulation.
• Conduct Violations: We may end your account or access at once if you behave in a way we consider defamatory, harassing, abusive, fraudulent, or otherwise contrary to these Terms, including the conduct standards laid out in Section 3.
• Effect of Termination: If we terminate or suspend your account, you may not register a new one under your own name, a fake or borrowed name, or the name of any third party, even where you claim to act on that third party's behalf.
• Data Access After Termination: Whenever your account ends, for whatever reason, LoveKept will make commercially reasonable efforts to allow a thirty (30) day grace period in which you may request an export of your User Content by writing to support@lovekept.co. Once that period passes, we are under no obligation to keep your content or give you access to it. At LoveKept's discretion, memorials may remain in a read-only state even after an account is closed. Content that others contributed, such as guestbook entries and stories, is not part of a user data export. This grace period does not apply to accounts closed for breaking applicable law or for conduct involving harassment, threats, or abuse.
• Legal Action: Beyond terminating or suspending your account, we may pursue whatever legal action is appropriate, including without limitation civil, criminal, and injunctive remedies.
• Finality: Every decision to terminate an account for a conduct violation is final and rests in LoveKept's sole discretion.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALBATROSS ECOMMERCE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "LOVEKEPT PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LOVEKEPT PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY CONTENT, INCLUDING EDITORIALLY CREATED CONTENT, WILL BE ACCURATE, COMPLETE, OR FREE FROM ERRORS; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOVEKEPT PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by applicable law, LoveKept's total aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of: (a) the total amount you have paid to LoveKept in the six (6) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

Without limiting the foregoing, LoveKept shall not be liable for: (i) any claims arising from the content of editorially created content, including claims of inaccuracy, defamation, invasion of privacy, right of publicity, misappropriation of likeness, or emotional distress; (ii) any claims arising from content produced with the assistance of computational tools; (iii) the acts or omissions of third-party service providers, including florists and tree planting organizations; or (iv) any loss or corruption of User Content, except to the extent caused by our willful misconduct.

The limitations in this section do not apply to liability arising from LoveKept's gross negligence or willful misconduct, or to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Albatross Ecommerce LLC and its officers, directors, employees, agents, and affiliates (the "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any claim that your User Content infringes or misappropriates the intellectual property, privacy, or publicity rights of a third party. This indemnification obligation extends to any claims brought by or on behalf of individuals featured in memorials, their estates, family members, or representatives, to the extent such claims arise from your content or actions.

16. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

• Informal Resolution First: Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@lovekept.co and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.
• Binding Arbitration: If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the State of Delaware or, at your election, may be conducted remotely (by phone, video, or based on written submissions).
• Arbitration Fees: Each party shall be responsible for its own arbitration costs and fees as allocated by the AAA Consumer Arbitration Rules. If the AAA Consumer Arbitration Rules require LoveKept to pay certain filing or administrative fees, we will do so as required by those rules.
• Small Claims Court Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
• Class Action and Jury Trial Waiver: YOU AND LOVEKEPT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU SPECIFICALLY WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class, collective, or representative proceeding.
• Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to support@lovekept.co within thirty (30) days of the date you first agree to these Terms (for example, by creating your account or, if you use the Service without an account, by making your first purchase or donation). Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the remaining provisions of these Terms will continue to apply.
• Survival: This arbitration agreement shall survive the termination of your account and these Terms.

17. Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware.

18. Changes to Terms

We may modify these Terms at any time. For material changes, including any to the arbitration clause, the limitation of liability, or the content licensing terms, we give at least thirty (30) days' advance notice by email to your registered account address or through a prominent notice on the Service, unless a shorter period is needed to comply with applicable law or to address an immediate security or legal concern. Non-material changes, such as fixing typographical errors or formatting, may take effect as soon as they are posted.

If you do not accept a material change, you may close your account before the new Terms take effect. Continuing to use the Service after any change takes effect means you accept the revised Terms. We will provide earlier versions of the Terms on request.

19. Force Majeure

LoveKept will not be liable for any failure or delay in meeting its obligations under these Terms where that failure or delay stems from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or the failure of third-party service providers. While any such event lasts, our obligations under these Terms are suspended for its duration.

20. Service Continuity

LoveKept is dedicated to preserving the memorials entrusted to our platform. Although we mean to run the Service indefinitely, we cannot promise it will be available forever. Should LoveKept cease operations or substantially discontinue the Service, we will make commercially reasonable efforts to: (a) notify account holders in advance by email where feasible; and (b) make User Content available for download or export where it is technically and financially practicable. LoveKept will not be liable for any loss of data or content after the Service ends. Nothing in this section obliges us to keep the Service running or to maintain infrastructure beyond what is commercially feasible.

21. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, the Refund Policy, and, for users of fundraising features, the Fundraising Terms, constitute the entire agreement between you and LoveKept regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations.
• Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: The failure of LoveKept to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by LoveKept.
• Assignment: LoveKept may assign or transfer its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• Survival: The following sections shall survive any termination or expiration of these Terms: Section 3 (Content License Grant), Section 5 (Editorial Tools and Technology), Section 7 (DMCA), Section 11 (Intellectual Property), Section 12 (Termination: Data Access After Termination), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution and Arbitration), Section 17 (Governing Law), Section 20 (Service Continuity), and this Section 21.
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
• No Third-Party Beneficiaries: These Terms are for the benefit of you and LoveKept only. No third party shall have any right to enforce any provision of these Terms, except as expressly provided herein.

22. Contact Us

For any questions about these Terms, reach us here:

Email: support@lovekept.co

Operator: Albatross Ecommerce LLC