Memorial Ownership & Family Consent Agreement
LEGAL NOTICE
This Agreement governs memorial ownership, consent, and content responsibility on the LifeKeeper platform. LifeKeeper acts solely as a digital custodian and not as an arbitrator of family disputes.
1. Introduction and Acceptance
This Memorial Ownership & Family Consent Agreement ("Agreement") is a legally binding supplement to the LifeKeeper Terms and Conditions and Privacy Policy. It governs the rights, responsibilities, and permissions associated with the creation, management, and continued use of a digital memorial profile on the LifeKeeper platform ("LifeKeeper" or "the Platform"), which is operated by Fignoc Technologies ("LifeTrace").
By creating or managing a memorial, the User ("Memorial Creator") confirms that they have the requisite legal and family authority to do so, and agrees to be bound by all the terms and conditions set forth herein.
2. Authority and Warranties of the Memorial Creator
The Memorial Creator warrants and confirms the following at the time of memorial creation and throughout the memorial's existence and The Memorial Owner confirms they are the recognized next of kin or authorized family representative and grants LifeKeeper consent to host, process, and display memorial content:
2.1. Authority to Create
The Memorial Creator or information Provider is a direct family member (e.g., spouse, child, parent) or has obtained explicit, documented approval from the immediate family or the legally recognized executor of the deceased's estate to establish the memorial.
2.2. Content Rights and Accuracy
The Memorial Creator or Information provider affirms that they possess the necessary rights and permissions to upload all personal information, photos, videos, and stories ("Memorial Content") of the deceased individual. Furthermore, they take full and sole responsibility for the accuracy, truthfulness, and non-infringing nature of all submitted Memorial Content.
2.3. Family Consent
The Memorial Creator warrants that they have informed the immediate family of the deceased about the creation of the LifeKeeper memorial and have either received explicit consent or have been delegated the authority to act on the family's behalf.
3. Memorial Ownership and Management
3.1. Definition of Memorial Owner
The individual who creates the memorial and/or provides the memorial information ("Memorial Creator") shall be designated as the Primary Memorial Owner.
The Memorial Owner is the sole individual registered with LifeKeeper who holds primary administrative rights over the memorial, including but not limited to content creation, editing, access control, privacy settings, and management of associated QR codes.
3.2. Rights of the Memorial Owner
The Memorial Owner's rights include, but are not limited to:
- Full editing, uploading, and deletion rights over the Memorial Content.
- Control over the memorial's visibility and privacy settings.
- The right to manage any associated financial accounts or subscriptions.
3.3. Requests for Shared Access
Other family members may submit a request to the Memorial Owner for shared access or co-management rights. The granting of such access is at the sole discretion of the Memorial Owner, and LifeKeeper is not responsible for mediating or enforcing shared access arrangements.
4. Dispute Resolution and Conflict Handling
Fignoc Technologies maintains a neutral position in all family disputes and will not act as an arbiter.
4.1. Internal Resolution
All disputes regarding the Memorial Content, ownership, or management must first be resolved internally by the family members. Fignoc Technologies will only intervene upon receiving a formal, documented request.
4.2. LifeKeeper Intervention
In the event of a formal, documented family conflict, Fignoc Technologies reserves the right to:
- Temporarily Suspend Access: Immediately freeze or hide the memorial and its associated QR code link from public view until the dispute is resolved.
- Request Documentation: Demand supporting legal documentation (e.g., birth certificates, marriage certificates, affidavits, court orders, or letters of administration) to verify the relationship and authority of the disputing parties.
- Prioritization: In making final decisions regarding the memorial's status, Fignoc Technologies will prioritize the closest next of kin, giving due consideration to Zimbabwean customary and legal practices regarding inheritance and family authority.
5. Termination and Transfer of Ownership
5.1. Transfer of Ownership
The Memorial Owner may formally transfer ownership to another eligible family member upon written request to Fignoc Technologies. The new owner must formally accept the transfer and agree to all LifeKeeper terms and policies.
5.2. Removal of Memorial
A memorial may be permanently removed from the Platform upon a formal request from the Memorial Owner, or if requested by a verifiable majority of the immediate family, subject to LifeKeeper's verification process.
5.3. Suspension for Violations
Fignoc Technologies reserves the right to permanently suspend or terminate the memorial for any violation of the LifeKeeper Terms and Conditions, including the unauthorized use of copyrighted materials or the uploading of inappropriate content.
6. QR Code Usage and Vendor Responsibility
The Memorial Owner agrees that the unique QR code linking to the memorial may be displayed on physical materials such as tombstones, plaques, portraits, or other digital materials. The Memorial Owner acknowledges that:
Vendor Liability:
Fignoc Technologies is not responsible for any damage, misprinting, or improper placement of the QR code by external vendors (e.g., tombstone manufacturers).
Maintenance:
The Memorial Owner is responsible for ensuring the QR code remains functional and links to the active memorial profile.
7. Indemnification
The Memorial Creator and Memorial Owner agree to indemnify, defend, and hold harmless Fignoc Technologies from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with any breach of the warranties of authority and consent made in this Agreement.
Related Documents
By creating or managing a memorial on LifeKeeper, you acknowledge that you have read, understood, and agree to be bound by this Memorial Ownership & Family Consent Agreement.