Welcome to www.legacysphere.com (hereon known as the “Site“), operated by Legacysphere, LLC. (Hereon referred to as Legacysphere or We).
By using the Site and/or Service the User must be an Adult (18 years of age or older) and have the legal authority to accept these Terms, or you represent that you are a parent or guardian of a Minor (17 years of age or less) on whose behalf you agree to these Terms and grant permission for such Minor to use and/or view the Site and Services. Legacysphere reserves the right to make all or portions of the Site or Service unavailable to any User or any such represented Minor.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SITE OR SERVICE.
If you do not agree to follow and be bound by any of these Terms, then please discontinue the use of this Site and/or Service immediately. Any use or purchase from any business or sponsor found within the Site may be subject to different and/or additional terms for such respective service or business. Legacysphere will not be liable or responsible for any such injury claims (physical, emotional, financial, etc.) resulting from use of the Site and/or other business/sponsor products that may be located within the Site.
Do not misuse our Service. All Users agree not to attempt access to the Site using any method other than the interface provided by Legacysphere. You may use the Service only as permitted by law. We may suspend or cancel a User’s account if we are investigating suspected noncompliance to the Terms or policies. These Terms or the use of the Service does not grant you any right to use any branding or logos used in the Site and/or Service.
- Subscriber- A User age 18 or older that registers an Account on the Site in which the Account requires the User to submit a Payment Method and/or Promo Code. This User may also be a Recipient as selected by other Subscribers. After registration, the Subscriber is given the ability to select a pre-defined number of Recipients . At least one (1) of the Recipients must be selected as the Notifying Recipient (defined below). After respective individual Recipient(s) accept designation as a Recipient or Notifying Recipient via electronic invite from the Site, the Subscriber may then compose messages for each individual Recipient. The selected Recipients will receive the Subscriber’s saved messages after the Subscriber dies and the Site receives the Alert of Passing from the respective Subscriber’s Notifying Recipient (defined below) and the Site then completes its Verification of Passing (defined below). Subscribers are also able to be Recipients of multiple Subscribers after acceptance of the designation of Recipient of the respective Subscriber via electronic invitation from the Site and without need for an additional Account registration.
- Recipient- A User age 18 or older that is selected by a Subscriber to receive personal messages composed by that Subscriber via email and/or text, after the Site has completed its Verification of Passing (defined below) of that Subscriber’s The User may be Recipient to multiple Subscribers. The User accepts or declines designation of Recipient by selecting their choice within the confirmation email/text sent by the Site. Acceptance of the Recipient designation denotes User acceptance of the Terms. Acceptance via valid ten (10) digit phone number denotes the phone number is owned by the User executing the acceptance and is the intended Recipient of the Respective Subscriber. Acceptance via valid email address denotes the email address is owned by the User executing the acceptance and is the intended Recipient of the Respective Subscriber. Recipients are able to become Subscribers by Registering a Subscriber Account.
- Notifying Recipient- In addition to the above Recipient definition, the Notifying Recipient is provided the responsibility to notify Legacysphere of his/her associated Subscriber’s death. This is accomplished by the Notifying Recipient clicking a button/icon labeled ALERT OF PASSING (found only on the Notifying Recipient’s Account Page). A Subscriber may choose more than one (1) Notifying Recipient (a good idea to have an additional Notifying Recipient in case you and your 1st Notifying Recipient die together at the same time). It is suggested that a Subscriber select a Notifying Recipient who will be unquestionably aware of the respective Subscriber’s death (i.e. Legal Spouse, Parent, Sibling, Adult Child, etc.…). This User can be a Notifying Recipient to more than one (1) Subscriber.
- Alert of Passing- Within the Site, a button/icon available only to a Notifying Recipient used to notify Legacysphere of the death of the Notifying Recipient’s respective Subscriber. Upon receiving an Alert of Passing from a Notifying Recipient, the Site will place the associated Subscriber’s Account in Suspense. At this time, the Subscriber’s Account will not have functionality to the following: viewing, editing of existing messages, composing new messages, adding or deleting Recipients, viewing of existing Recipients. No further payment will be drafted from the User’s designated Payment Method. In the case of a mistaken Alert of Passing, the Subscriber’s Account can be removed from suspense with specific action taken by the Subscriber (see Verification Process below).
- Verification Process- The process Legacysphere undertakes once an Alert of Passing is received by the Site. If the Alert was a mistake, the Subscriber can take action as directed from the Site’s electronic communication in order to remove their Account from Suspense, and prevent any saved messages from being delivered to their Recipients Legacysphere will make reasonable and substantive measures to verify a Subscriber’s death. The process is subject to Legacysphere’s internal operating policies and procedures and we may change/improve the process method and/or duration at any time at our sole discretion.
- Service- Legacysphere provides a Site in which individuals can become Users by registering an account as a Subscriber or by acceptance of the Site’s electronic invitation to become a designated Recipient or Notifying Recipient. The Site provides a means to register a Subscriber Account with the individual providing a valid/confirmed email address and other Personal Information, to include valid ten (10) digit phone number, home address, self-selected password, and Payment Method. Only when the Site receives electronic notification of acceptance from the Subscriber’s selected Notifying Recipient and completion of Account Registration by the respective Notifying Recipient, can Subscribers then compose personal messages within their Account to their intended individual Recipients as selected by the Subscriber. Subscriber messages are distributed by the Site to the intended Recipients after receiving an Alert of Passing from a Subscriber’s Notifying Recipient and completion of the Site’s Verification of Saved messages are emailed or texted to Subscriber-specified Recipients according to the Recipient contact information previously provided by the Subscriber and which was confirmed by the respective Recipient.
- Account Types & Registration
- Account Types- Legacysphere offers two (2) types of Accounts: Subscriber Accounts and Notifying Recipient A Subscriber is allowed one (1) Account per valid and confirmed email address. If a User is both a Subscriber and Notifying Recipient associated with the same email address, both Subscriber/Notifying Recipient functionality will feature within the one (1) Account on the Site. A User who initially registers a Subscriber Account can subsequently become a Notifying Recipient when/if another Subscriber selects the User as a Notifying Recipient.
- Registering an Account- An Account is registered once the User provides all information required by the Site and agrees to the Terms. Subscriber Account-required information may include, but is not limited to, User’s legal First & Last Name (as appears on a U.S. Federal or State issued official ID), User’s ten (10) digit phone number, User’s email address, User selected Password, Payment Method and/or Promo Code. User must affirm they are 18 years of age or older, and acceptance of the Terms of Service. Notifying Recipient Account required information may include, but is not limited to, User acceptance of Notifying Recipient designation via confirmation of valid email address, User selected Password, User must affirm they are 18 years of age or older, and acceptance of the Terms of Service.
- Minors as Recipients
- Any Subscriber who wishes to compose personal messages to be received by any Minor (age 17 or younger at time of Subscriber Account registration) must first select an Adult Recipient (age 18 or older at time of Subscriber Account registration) who has Legal Guardianship of the respective Minor and subsequently choose the ADD MINOR function within that respective Adult Recipient’s link. Saved messages intended for a Minor will, upon completion of the Verification Process, be emailed to the respective Recipient who is the Legal Guardian. That Legal Guardian will have sole responsibility and choice to deliver, to the respective Minor, any and/or all saved messages from their respective Subscriber composed to the Minor.
- It is the sole responsibility of a Subscriber to add a Recipient for any Minor once that Minor reaches 18 years of age. The Subscriber is provided means within the Site to transfer previously composed messages for a Minor to the new Recipient account once the proposed Recipient has accepted the designation and is subsequently listed in the list of Recipients within the Subscriber’s
- Pricing is subject to change at our discretion and we will electronically communicate to Legacysphere Users any pricing change at least 30 days prior to the price change. Subscribers are responsible for all applicable taxes, and Legacysphere will charge tax when required to do so. If you believe that you have been incorrectly charged, please contact Legacysphere at [email protected] with subject ‘Billing’ within 30 days of the received receipt containing the charge in question.
- Billing, Cancelation & Refunds
- Billing- The Service requires automatic recurring payments. Subscribers may choose a payment frequency of monthly or annually. We may offer Subscribers a percentage discount off the total price if an annual payment transaction is selected and completed. Subscribers are required to enter a Payment Method and/or Promo Code during the Account registration process. Payment Method may take form of valid credit card or other methods as offered. USD currency only. Payment frequency may be changed by the Subscriber by sending an email request to [email protected] at least 30 days prior to the desired payment frequency change effect. A Subscriber making a payment frequency change from annual to monthly payment frequency will have the new monthly auto-bill payment frequency take effect after the current paid twelve (12) months have passed. Any previous discount received by the Subscriber resulting from an elected annual payment may be lost when changing to a monthly payment frequency. A Subscriber requesting a billing change from monthly to an annual payment frequency shall send an email to [email protected] at least ten (10) days prior to the next monthly payment auto-bill draft. Any change in payment frequency will require the new payment to be at the then current pricing. Subscriber Accounts will continue to incur charges when in Suspense, and will need to be paid current to become Active. Pricing is subject to change at our discretion where in such case we will electronically communicate any pricing change at least 30 days prior to the change to Legacysphere Subscribers.
- Cancellation- Any Subscriber wishing to cancel their Account may do so at any time by choosing the option within their respective Account under the SETTINGS tab. Once a Subscriber chooses to cancel their account, no Account information (to include saved messages, Recipient information) may be retrieved by any person, unless at the sole discretion of Legacysphere and/or its Representatives. The Site reserves the right to permanently delete all Account information at any time after processing a cancellation request. The cancellation date shall be the date on which the Site performed the User-initiated action within their Account or the date Legacysphere has received the User’s cancellation notice via email. A Recipient can choose to either: (a) cancel Recipient designation to an individual Subscriber (if a Recipient of multiple Subscribers), or (b) cancel their entire Recipient designation by sending the specified request to [email protected]. Once a Recipient cancellation request is processed, any desire to re-establish Recipient designation must be initiated by the respective Subscriber.
- Refunds- Subscribers who choose to cancel their Account within the first 30 days of Account Registration will receive a full refund. Cancellation requests made greater than 30 days after Account Registration will receive a refund based upon their current Payment Method. If the Subscriber is currently using the Site with an annual payment, once cancellllation is processed (2-5 business days), Legacysphere will refund a pro-rated amount based on the unused pre-paid months remaining. If the Subscriber is currently using the Site with a monthly payment, once cancellation is processed (2-5 business days), Legacysphere will refund one (1) month payment amount if the cancellation request was received by Legacysphere no more than seven (7) days after processing the payment from the Subscriber. If more than seven (7) days has passed after a monthly payment frequency payment has been processed by the Site when a cancellation request is received, no refund will be provided. Any refunds provided will be sent back to the Subscriber’s Method of Payment used to make the last payment.
- Subscriber’s Message Content
- Subscribers are solely responsible for the content of the messages they compose to their Recipients. Subscribers affirm that no content within their messages will cause the infringement of rights of third parties, including without limitation, any intellectual property right and privacy rights. Subscribers hereby represent and warrant that they have the right to upload to the Site or share content with their Recipients via Legacysphere.
- User Responsibilities
- The User: acknowledges and agrees to the Terms by registering for an account on the Site (an “Account”), or by accepting the Terms of Service when prompted via email or text. You are deemed to have executed the agreement to the Terms of Service electronically, effective on the date you register your Account, or accept the Terms via email or text. Subscribers and Notifying Recipients agree to notify Legacysphere immediately of any change in your email address and/or phone number by updating your Account information on the Site. All other Recipients agree to advise their respective Subscriber of any email and/or phone number changes. No Recipient’s name, email address, or phone number will be modified within the Site’s records after an associated Subscriber’s Alert of Passing has been initiated by a Notifying Recipient. At the time of registration, a User will be asked to choose a unique password for the Account (the password can be change by the User at any time). Users are responsible for maintaining the confidentiality of their account and personal information such as passwords, email addresses, phone numbers, Payment Method, etc. You authorize Legacysphere to assume that any person using the Site with your username and password, is, in fact, you. You agree to notify us immediately at [email protected] if you suspect or become aware of any unauthorized use of your Account. You further agree not to use any email address, phone number, address, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account. Users are exclusively accountable for any and all use of their account.
- Retention/Deletion of User Personal Information & Subscriber Account
- Personal Information Retention- Users grant Legacysphere, LLC non-exclusive license to use and retain all User Personal Information and Subscriber Messages in the utilization of the Service for any length of time as needed for the purpose of the
- Personal Information Deletion- Legacysphere will delete User Personal Information and/or Messages being stored by third-party vendors upon a User’s request made to Legacysphere within a reasonable amount of time after receiving such a request (usually 30 days), as long it does not interfere with any necessary functioning of the Site. If such a request to delete User Personal Information is received from the respective User would result in the interference of any functioning of the Site, the request will be completed in a timely manner after any such interference has been resolved. Legacysphere reserves the right to delete any User Personal Information as a result of User non-compliance to the Terms of Service.
- Subscriber Account Retention- Subscriber Accounts will be retained by
Legacysphere for: Active Accounts, Accounts in Suspense, Accounts in the Verification Process, Accounts post Verification Process with remaining Saved Messages yet to be disbursed to intended Recipients.
- Subscriber Account Deletion- Subscriber Accounts will be deleted by Legacysphere for: User-cancelled Accounts, Accounts post Verification Process once all Saved Messages have been sent from the Site to the intended Recipients, Accounts in Suspense in which the Subscriber has not responded to Legacysphere electronic communication prompts. Legacysphere reserves the right to delete any Account as a result of User non-compliance to the Terms of Service.
- Account Suspension
- Legacysphere may, at its sole discretion, place an Account in Suspense due to User non-compliance with the Terms of Service, or automatically, due to non-payment or receiving an Alert of Passing from a Notifying Recipient. As long as an Account is in Suspense, the Subscriber Account will have no functionality except that needed to remedy the reason for the Account being in Suspense. In cases of non-payment, Legacysphere may, at its sole discretion, delete a Subscriber Account and all contents of that Account at any time. If you have questions about the remedy required to bring an Account out of Suspense, contact us using the email address associated with your Account and email to [email protected].
- Links to Third-Party Websites
- The Site may contain links to third-party websites that are not owned or operated by Legacysphere, LLC. We are not responsible for the content in such websites. Users are solely responsible for any actions resulting from visiting any third-party linked website. You release Legacysphere from any and all liabilities and damages arising from your use of, or reliance upon any third-party services, material or websites.
- Before filing a claim against Legacysphere, you agree to try to resolve the dispute by contacting us at [email protected]. We’ll contact you via email and work towards a resolution. If a dispute is not resolved within 10 days of submission, you or Legacysphere may bring a formal proceeding.
- Applicable Law
- Wherever possible, Legacysphere will fully cooperate with US State and Federal Law Enforcement agencies in the event of official designation of any Legacysphere User as a suspect of a crime, whereby Legacysphere is asked to provide User information that may be stored within the Site.
- Modifications, Waiver & Assignment
- Waiver- Legacysphere’s failure to enforce a provision is not a waiver of its right to do so later.
- Assignment- Users may not assign any their rights under these Terms, and any attempt will be place the User in non-compliance to these Terms. Legacysphere may assign its rights to any successor in interest of any business associated with the Service or Site.
UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site’s infrastructure; (b) copy, reproduce, modify, create derivative works from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Legacysphere; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with or compromise the Site integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including Subscriber Messages, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Legacysphere or any third party.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE LEGACYSPHERE SERVICE AND ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LEGACYSPHERE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LEGACYSPHERE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LEGACYSPHERE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL LEGACYSPHERE ,OR ITS MEMBERS, REPRESENTATIVES, OR ANY OF THEIR EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Last updated: January 18, 2018