VITAMyStory User Agreement

Welcome to VITAMyStory.

This User Agreement (“Agreement”) outlines the terms and conditions governing your access and use of our platform, which includes our website, [www.vitamystory.com], mobile app (if applicable), and any related services (collectively, the “Platform”).

By creating an account or using the Platform in any way, you agree to be bound by the terms and conditions set forth in this Agreement. If you disagree with any part of this Agreement, you may not access or use the Platform.

1. User Accounts and Content

Account Creation:

To use VITAMyStory and create profiles, you must be at least 13 years old. By creating an account, you represent and warrant that you are of legal age to enter into this Agreement and will use the Platform in accordance with these terms.

You are responsible for maintaining the confidentiality of your account information, including your email address and password. You are solely responsible for all activity that occurs under your account. If you suspect unauthorized account activity, please notify VITAMyStory immediately.

Content Submission:

When creating a profile, you are responsible for all information you submit, including text, photos, videos, and other content (“Content”). You retain all ownership rights to your Content, but by submitting it to VITAMyStory, you grant us a non-exclusive, royalty-free license to display, store, and reproduce your Content on the Platform.

Types of Profiles:

You can create profiles for the following purposes:

• Deceased Loved Ones (including pets): You can create profiles for deceased family members, close friends, or anyone with whom you had a personal relationship.
  • In cases where the deceased individual has living descendants or a spouse, you must obtain their written consent before creating a profile that includes private information about them.
  • For deceased pets, you represent and warrant that you were the legal guardian or had permission from the legal guardian to create a profile.
• Yourself: You can create a profile for yourself (for legacy purposes). You are solely responsible for the information you include in your own profile.
• Historical Figures: You can create profiles for historical figures where the information is publicly verifiable. Sources for verification should be reputable and widely accepted, such as historical documents, biographies from accredited publishers, or established online resources.

Content Accuracy and Ownership:

• You agree that the information you provide in profiles and comments is accurate and truthful to the best of your knowledge.
• VITAMyStory cannot independently verify the accuracy of all submitted Content, and you rely on the information at your own risk. We encourage you to cite your sources for any historical information included in profiles.
• You are responsible for ensuring you have the necessary rights and permissions to submit any Content you upload to the Platform, including but not limited to photos and videos. This includes obtaining consent from anyone depicted in the Content if necessary.

Content Removal:

VITAMyStory reserves the right to remove any Content that violates these Terms of Service. This includes, but is not limited to:

• Content that is defamatory, harassing, bullying, threatening, or abusive towards others.
• Content that violates intellectual property rights (e.g., copyrighted material, trademarks).
• Content that promotes illegal activity or hate speech.
• Content that is sexually suggestive or explicit.
• Content that impersonates another person or creates a false identity.
• Profiles created for living people without their consent.
• Inaccurate or misleading information about deceased individuals.
• Content that disrupts the functionality or integrity of the Platform.

2. User Conduct

You agree to use VITAMyStory in a respectful and responsible manner. This includes:

• Only creating profiles for the purposes outlined in Section 1.
• Obtaining written consent from living individuals before including them in profiles (written consent for photos, stories, etc.).
• Abstaining from impersonating others or creating false identities.
• Avoiding defamatory, harassing, or bullying behavior towards other users.
• Respecting the intellectual property rights of others.
• Refraining from using VITAMyStory for any illegal or unauthorized purpose.
• Not using the Platform to collect or harvest personal data about other users.
• Not posting spam or commercially oriented content without our written permission.

3. Disclaimers and Warranties

VITAMyStory does not verify the accuracy of any Content submitted by users, including information about deceased loved ones or pets. You rely on the information at your own risk. VITAMyStory is not responsible for the accuracy or completeness of any Content.

The Platform is provided “as is” without warranty of any kind, express or implied. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement. VITAMyStory does not warrant that the Platform will be uninterrupted, secure, or error-free.

4. Reporting Misconduct

If you believe a profile or comment violates these Terms of Service, please report it to VITAMyStory using one of the following methods:

• Click the “Report” button located on the profile or comment itself.
• Send an email to our support team at [insert email address] with a detailed description of the violation, including screenshots or specific links if applicable.

5. Account Termination

VITAMyStory may terminate your account or remove any Content for violating these Terms and Conditions. This includes:

• Repeated violations of any provision outlined in these Terms and Conditions.
• Creating profiles for living people without their consent.
• Uploading illegal content or content that promotes illegal activity.
• Using VITAMyStory for commercial purposes without our written permission.
• Engaging in behavior that disrupts the functionality or integrity of the Platform.
• Using automated tools or bots to access the Platform in a way that violates these Terms.

6. Termination of Service

VITAMyStory reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. We will use reasonable efforts to notify users of any significant changes or discontinuation of service.

7. Intellectual Property

The Platform, including all content, features, and functionality, is and remains the property of VITAMyStory and its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable license to use the Platform in accordance with this Agreement. You may not:

• Modify, copy, reproduce, distribute, translate, reverse engineer, disassemble, or decompile any portion of the Platform.
• Use the Platform for any commercial purpose without our written permission.
• Remove any copyright, trademark, or other proprietary notices from the Platform.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of [insert your state], United States of America. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in [insert your county], [insert your state].

9. Entire Agreement

This Agreement constitutes the entire agreement between you and VITAMyStory regarding your use of the Platform.

10. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

11. No Waiver

No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any subsequent breach.

12. Amendment

VITAMyStory reserves the right to amend this Agreement at any time by posting the revised terms on the Platform. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

13. Contact Us

If you have any questions about this Agreement, please contact us at [email protected].

By using the Platform, you acknowledge that you have read this Agreement and agree to all its terms and conditions.