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08.03.2022

Memoriale Services Terms of Service

About Memoriale Services

Memoriale Terms of Service apply to all services and customer relationships produced by Memoriale. The parties to the agreement are Memoriale and all customers using Memoriale services. Memoriale is a company focused on digital reminiscence services. Our products include the Memoriale memorial site and Memoriale obituary. The purpose of our products is to provide communal digital alternatives to community remembrance and related communication of the deceased.

The use of Memoriale services requires the customer to accept and comply with the terms of the agreement. When registering to Memoriale, you agree to the Terms of Use and the Agreement on the Processing of Personal Data. The privacy policy can be found here.

Memoriale reserves the right to change the terms of use at any time. The customer will be notified if changes are made to the terms of use.

Registration

Registration at Memoriale

Certain Memoriale services require you to register. When registering, we ask the customer for the following information: first name, last name, nickname and email address. The user must give the information about himself truthfully. The Memoriale user agrees not to act as another person.

Authentication

A user registered with Memoriale is required to identify himself, which takes place at the registration stage with a username, password, email address, and first and last name information. After registration, the customer logs in to Memoriale services with a username and password.

The user has a responsibility to keep the identification data carefully and to ensure that it does not end up in the hands of third parties The user of Memoriale is responsible for the actions on Memoriale services with their identification data. If the user's identification data has reached third parties, the user must immediately notify Memoriale and change the credentials without delay.

The customer has the responsibility and obligation to behave on Memoriale as required by the terms of the agreement

The user is personally obligated to comply with copyright law in all content stored in Memoriale. This includes publishing and sharing pictures, text, and videos. If the user violates copyright law in the use of the service, he or she will bear the consequences and possible costs. Memoriale is in no way responsible for the copyright of the content stored by the user in Memoriale.

The user must give the information about himself truthfully. The information on the Memoriale memorial site and obituary must also be reported truthfully. The information of the deceased must be true and describe the deceased person in a respectful manner. To create a memorial site, you must always be approved by the deceased persons relatives to create a memorial site. To create a memorial page and an obituary, you must respect the will of the deceased. The Memoriale user agrees not to violate the honor of other people or violate the will of the deceased. Memoriale Services user agrees not to provide false information about their relationship with another person, for example regarding family relationships. Memoriale has the right to verify the truthfulness of the information stored by the user in Memoriale. If the memorial page has been created against the will of the deceased's loved ones, Memoriale may permanently delete the memorial page and all related information. In that case, Memoriale is not obligated to reimburse the customer for the costs incurred in creating the memorial page.

Memoriale Ltd reports abuses on Memoriale to the authorities of the particular country, for example to the police. Abuse situations include using another person's personal data, storing false and defamatory information on Memoriale, or enacting in other activities prohibited by the terms of use of Memoriale. The user of Memoriale undertakes to comply with all Finnish and EU legislation.

The user of Memoriale may not use the services provided by Memoriale for commercial purposes. Data stored on Memoriale may not be collected for example for external registers. Advertising of products or services without permission from Memoriale services on the website is prohibited. Sharing illegal content such as alcohol, drugs, gambling, or pornographic content is prohibited on Memoriale.

It’s prohibited to share or send content for which security is questionable on Memoriale. It’s prohibited to share or post content that contains malware, viruses, or other illegal content on Memoriale.

Material stored in Memoriale services

The rights to the content produced by the customer on Memoriale services remain with the user. The user is responsible for taking the intellectual property rights into account when distributing material stored in Memoriale.

Memoriale limitation of liability

Memoriale is not responsible for the security of data transmitted through the service. It is possible that users will share and post content that is in violation of Memoriale terms of service, such as links to websites or other content containing viruses or malware. Memoriale will not bear any direct, indirect, or secondary costs incurred by the user in such circumstances. The user agrees that Memoriale is not responsible for any content sent through the Memoriale service.

Memoriale strives to that the use of our services will be continuous and undisturbed. Memoriale is not responsible for the uninterrupted, timely or flawless operation of the Service, nor for interruptions, communication failures or any resulting changes or loss of information such as images, videos or text or other content caused by technical faults, maintenance, or installation work.

Memoriale is not responsible for any costs incurred by third parties, such as copyright infringements or sharing of user-shared material. If Memoriale is liable for the users’ actions on Memoriale, the user agrees to reimburse Memoriale in full for the costs incurred.

The will and testament written on Memoriale do not correspond to or replace an officially drafted will and cannot be used in any juridical action as a valid expression of will. Memoriale as a service provider is not responsible of the "My Will and Testament" section of its accuracy, reliability, errors, deficiencies, inaccuracies, or other similar defects in the user-generated content. Memoriale shall under no circumstances be liable for any direct, indirect, or secondary damages related to the My will and testament section.

Disputes and restriction of user activity

We want Memoriale to be an environment where users can safely share their thoughts, feelings and important moments. If the user violates our terms of use, intellectual property rights or the law, we will have to restrict the user's activity or remove the user from Memoriale services. For memorial sites, the content shared by users is always primarily the responsibility of the administrator/administrators of the memorial site. In situations where the administrator violates Memoriale terms of service, legislation, or otherwise behaves inappropriately, Memoriale will act in the manner described above if necessary.

Memoriale will not be liable if Memoriale must remove the users’ account or restrict the users’ activity. There is also no liability if the contract with the customer must be terminated for misconduct caused by the customer, violation of the law or other activities that are in violation of the terms of use on Memoriale.

Order details

Memoriale offers several different subscription options. The subscription options for the memorial pages are the annual "Memoriale annual subscription" paid each year and the one-time "Memoriale perpetual” subscription. No other fees will be charged for the service purchased after the payment of the "Memoriale perpetual" subscription. In the case of an obituary, there is only one form of subscription, and it is paid as a one-off payment, after which no other fees are charged for the obituary. In addition to these, Memoriale may offer other subscription options and services. Memoriale has the right to change the subscription options and prices. Any changes to a subscription will be notified in the customer's Memoriale account and in the email provided by the customer 30 days before the new prices take effect.

Replacing Memoriale obituary subscription with Memoriale perpetual subscription

When you change the Memoriale obituary subscription, to the Memoriale perpetual, you will be charged a fee in accordance with the current price list, after which you will not pay any other fees. In this case, the obituary you submitted in connection with the obituary order will be transferred to the memorial page.

Changing Memoriale obituary subscription to Memoriale annual subscription

You can also change the Memoriale obituary subscription to an Memoriale annual subscription. When you change Memoriale obituary subscription to Memoriale memorial page annual subscription, you will be charged according to the current price list. The Memoriale annual subscription fee is charged every year. In this case, the obituary you submitted in connection with the obituary order will be transferred to the memorial page.

Changing Memoriale annual subscription to Memoriale perpetual subscription

When you change the Memoriale annual subscription to the "Memoriale perpetual," we will charge you the price of the currently valid "Memoriale perpetual" subscription, after which you will not pay any other fees.

When you change to another subscription option, you will receive the services included in the other subscription immediately after payment. Receipts for all subscriptions are stored in the users Memoriale account.

Right of cancellation and payment of a subscription

According to the Consumer Protection Act (1978/38), you have the right to cancel a subscription by submitting or sending a cancellation notice to Memoriale within 14 days of the conclusion of the contract. Memoriale perpetual and Memoriale obituary subscriptions cannot be cancelled if more than 14 days have elapsed since the order was placed.

If you terminate your order within 14 days of placing your order, the information on the memorial page and obituary will be deleted immediately and the memorial page or obituary will no longer be visible on Memoriale. After the order has been cancelled, the memorial page or obituary can no longer be returned to the Memoriale page. The registered user's account will remain valid after the subscription has been cancelled if the user does not disable his registered account.

The right of cancellation also applies to a situation where a subscription has been changed to a more expensive subscription option. You have the option to cancel your subscription by notifying Memoriale within 14 days of changing your subscription. If you cancel the change of the subscription format to a more expensive option, your subscription will go back to the previous subscription format. The payment will be refunded through the payment system you use for the order.

A value card purchased from a Memoriale reseller store does not have a right of return. However, you can choose to remove the Memoriale obituary, or the memorial page paid for with a value card.

You can notify Memoriale customer service of the termination of the agreement, or terminate the order on your Memoriale personal information page.

The Memoriale annual subscription will continue as an indefinite subscription if it is not cancelled or exchanged to a Memoriale perpetual subscription. The Memoriale annual subscription fee is charged every year. The order must be cancelled before the next billing period starts. If we do not receive a payment for your order within 7 days of the start of the new billing period, the Memoriale memorial page will go into hidden mode. In hidden mode, the memorial page is completely disabled and not visible on the Memoriale website. However, we will retain all information related to the memorial page until we have received a payment, or the order has been cancelled. If we do not receive payment for or cancellation of the memorial page subscription, we will keep all information related to the memorial page for six months.

You can pay for your order using the payment methods indicated on the Memoriale website. When ordering, you must provide payment information that allows you to pay using one of the payment methods in use. You must update the payment information in the user account yourself, for example if the card expires or the card is not working.

If we are unable to charge a fee for the subscription, or if we do not receive a payment for it, the Memoriale memorial page will be hidden after 7 days.

Please read the Terms of Use carefully!

By accepting the Terms of Use, the user agrees to use the service as stated in the Terms of Use. The service provider's liability shall at all times be limited to liability under mandatory law.