Last updated: 3 December 2024

By using ForMyEncore.com (the “Service”), you agree to these Terms of Use and to any other policies and procedures published on this website. If you do not agree, you must stop using the Service immediately. These Terms form a legally binding agreement between you and Encore Digital Services Ltd (the “Company”),a company registered in England and Wales with company number 15777337.

2a. Ownership: You retain ownership of all content you submit to the Service (“User Content”), including photos, opinions, music, and videos.
2b. License to Publish: By submitting content, you grant the Company a worldwide, royalty-free, and non-exclusive license to use, display, and publish your content posthumously, in accordance with your stated preferences. You may modify or revoke this license while alive, subject to the Company’s ability to implement such changes.
2c. Third-Party Content: You warrant that you have the right to use any third-party materials in your content and agree to indemnify the Company against claims of copyright infringement or other violations. Any violations may result in the removal of non-compliant content. For US users, the Company will conform to the Digital Millenium Copyright Act (‘DMCA’) requirements regarding the process for any Takedown notice served to the Company.
2d. Marketing Use: You grant Encore Digital Services Ltd the right to use any publicly available elements of your User Content (e.g., profile photos, public posts, or memorial page designs) for marketing, promotional, or advertising purposes, unless you opt out through your account settings.

3a. Data Ownership: You consent to the storage and publication of your content both before and after your death. You may update your preferences regarding which content should be deleted or published posthumously.
3b. GDPR Compliance (EU/UK): By agreeing to this Terms of Use, you have consented that we can process your personal data in accordance with the requirements of the General Data Protection Regulation (GDPR). You have the right to access, modify, or delete your data while alive. Posthumously, your data will be managed as per this contract.
3c. CCPA Compliance (US): If you are a resident of California, you have rights under the California Consumer Privacy Act (CCPA), including the right to know, delete, or opt out of the sale of your personal information.
3d. Data Access: All user data will remain private according to the user’s preferences during the subscription period, after which the Company will encrypt and archive the data according to its internal policies.
3e. The Company does not sell your personal data. You may request data deletion at any time. Posthumously, your data will be retained or deleted per your instructions.

4a. User Responsibility: You are solely responsible for ensuring your content complies with applicable laws, including copyright, defamation, and privacy laws.
4b. Limitation of Liability: The Company is not liable for any damages resulting from the publication of User Content or external links.
4c. Safe Harbor (US): As a hosting provider, the Company is not liable for user-generated content under Section 230 of the Communications Decency Act.

5a. Subscription Payments: By subscribing to the Service, you agree to pay the applicable fees associated with your subscription plan.
5b. Refund: No refunds or pro-rata refunds will be made once the subscription period has started, except at the Company’s sole discretion or otherwise required under applicable governing laws. In the event of a posthumous refund the Company will within twelve months attempt to refund any monies in accordance with your wishes or to your estate or failing this to a charity of its choosing.
5c. Third-Party Payments: You grant Encore Digital Services Ltd the right to accept payments from third parties, including but not limited to family members, friends, partners or sponsors, to extend the length of time your Encore page remains online beyond the initial subscription period.
5d. If third parties extend a subscription, the Company will notify the original user’s designated contact(s) (if provided). If disputes arise, the Company reserves the right to suspend extensions until resolved. In the event of posthumous dispute, your express legal wishes or failing that those of the super adviser or if no super adviser is provided, majority consent of your advisers will form the basis of dispute resolution.

6a. Unsuitable or Malicious Content: Even if user content does not violate any applicable laws, the Company reserves the right to remove any content that does not pass its filters or Community Standards. The user may dispute the Company’s decision via support@formyencore.com but the Company’s decision is final in such matters.
6b. Content Moderation: We reserve the right to remove any content that violates these Terms or our Community Standards or applicable laws. Violations may be reported through support@formyencore.com.
6c. Dispute Resolution (US/UK/EU): Disputes arising under these Terms will be resolved first via internal mediation with the company (via email to support@formyencore.com), failing this through arbitration or mediation where applicable, and otherwise through the courts of England and Wales.

7a. These Terms are governed by the laws of England and Wales, unless overridden by mandatory EU consumer protection laws.

8a. We may update these Terms from time to time. Changes will be effective upon posting. Continued use of the Service after updates constitutes acceptance of the revised Terms.

We aim to offer a high-quality experience, but please be aware that: Our Services are provided “as is” without any warranties of safety, security, or error-free operation. We do not control the content shared by users on our platform and are not responsible for the actions or content shared by others.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified or removed to the minimum extent necessary to comply with the law.

By submitting the contact details of third parties, you confirm that you have obtained their explicit consent and acknowledge that they may opt out at any time. We will notify these individuals of their inclusion and give them the option to opt out of further communication.

For questions or concerns, contact us at:
Email: support@formyencore.com

Postal Address:
Encore Digital Services LTD
6 Whiting Street,
Bury St. Edmunds,
England,
IP33 1NX