PLEASE READ CAREFULLY. THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION INSTEAD OF A COURT CASE OR A JURY TRIAL AND WAIVE CLASS ACTIONS (SECTION 12). THEY ALSO DISCLAIM WARRANTIES (SECTION 10) AND LIMIT LIABILITY (SECTION 11). THE PAGES ARE A BEST-EFFORT SERVICE PROVIDED AS A COURTESY. THESE TERMS DO NOT COVER FUNERAL SERVICES.
1. Who these terms are with
These terms are an agreement between you and MiVoBroadcast (“we”, “us”). MiVoBroadcast provides the watch page, the family page, the guest page, the live chat, the photo and tribute features, the pay page and the keepsake orders (together, the “Pages”) that you reach through the funeral home.
“Protected Parties” means MiVoBroadcast, MiVoWorks and American Networking, and each of their owners, related companies, officers, employees, contractors, agents, suppliers, successors and assigns; and, for the Pages and keepsakes only, the funeral home, its locations and their staff.
MiVoWorks and American Networking supply or support technology behind the Pages. They do not sell you anything, they take on no obligation to you under these terms, and they cannot be held liable or responsible to you for the Pages, a stream, a recording, an upload, a keepsake or a refund.
2. Funeral services are separate
These terms cover the Pages and keepsakes only. They are not part of, and do not cover, any funeral, memorial, cremation or burial service, goods or charges. Those are solely between you and the funeral home or whichever funeral home provides them. These terms do not change anything you agreed with a funeral home about them, and MiVoBroadcast is not responsible for them.
3. Agreeing to these terms
By watching, writing in the chat, adding a photo or a message, using a family link or ordering a keepsake you agree to these terms. If you do not agree, do not use the Pages. You must be an adult to order a keepsake or to agree to these terms; a child may use the Pages only with a parent or guardian, who agrees for the child.
4. A best-effort service, provided as a courtesy
MiVoBroadcast provides the Pages on a best-effort basis, as a courtesy to families and guests. We do not promise that any service will be streamed, recorded, shown, kept or available, or that the Pages will be uninterrupted, on time, complete, accurate or free of errors.
Internet, power, cameras, microphones, computers, software, venues, staff, other companies' services and the weather can all fail, on either end. A stream or a recording may be missing, partial, delayed, out of focus, silent or of poor quality. Where a live stream fails, we try to make the recording available if one exists, but we do not promise that one exists. The Pages are not a replacement for attending a service, and nobody should rely on them for a moment that cannot be repeated. A problem with the stream or the recording gives no right to any payment, credit or compensation.
5. Recordings
A service may be recorded and kept so the family can watch it later or order a keepsake. The funeral home decides, with the family, whether the service is public, private by link, or not shown at all. People at a service may be seen or heard on the stream and in the recording. Recordings are kept for a limited time (see the Privacy page) and MiVoBroadcast is not an archive or a backup: they may be deleted once that time ends, and they can be lost before it. Please do not record, copy or re-stream the Pages.
6. What you upload or post
You are responsible for everything you upload, type or post: photos, videos, music, messages, names, tributes and anything else (“Your Content”). It must be your own or shared with permission, including permission for any music or other copyrighted material, and respectful of the family and the person being remembered.
MiVoBroadcast is not responsible for the quality, resolution, format, compatibility, orientation, cropping, color, sound, length, accuracy or completeness of Your Content, or for how it looks or sounds on a screen, in a stream, in a recording or in a keepsake. Showing or using uploaded material is an at-best service provided as a courtesy.
Files may be converted, resized, compressed or cropped, and a file may be refused or left out, including one that cannot be read or does not fit. Keep your originals: the Pages are not a backup, and Your Content may be lost or deleted.
You keep what you own. You give MiVoBroadcast and those who help us run the Pages a non-exclusive, royalty-free permission to host, copy, convert, display, stream, record and include Your Content in keepsakes, as needed to provide the Pages to the family and those they share them with. That permission lasts as long as Your Content stays on the Pages and in anything already made from it.
7. Rules for using the Pages
- A family link, a PIN or a code is for the people it was given to; please do not pass it on without the family's say. Anyone who has a link can use it, and what they do with what they see is outside our control.
- Do not post anything unlawful, hateful, threatening, harassing, obscene or misleading, or anything that invades someone's privacy or breaks someone's rights.
- Do not try to break into, overload, scrape or get around any limit of the Pages.
MiVoBroadcast, the funeral home and the family may hide or remove anything at any time, may close the chat, and may end anyone's access, without notice and without giving a reason. Nothing posted is reviewed before it appears unless the family turned moderation on; we do not have to watch what people post, and we are not responsible for what anyone else posts. To complain about something posted, including a copyright complaint, write to MiVoBroadcast Support at support@mivobroadcast.com.
8. Keepsakes and payment
Keepsakes are optional products ordered through the Pages. Keepsake orders are placed with and fulfilled by MiVoBroadcast, not the funeral home or its locations. Questions about an order go to MiVoBroadcast Support at support@mivobroadcast.com.
Prices and what each keepsake contains are shown at the order step. Keepsakes ship to addresses in the United States only. An international order can only be requested by email to MiVoBroadcast Support at support@mivobroadcast.com, and is not guaranteed. Delivery dates are estimates, not promises. A keepsake is made from the recording and the material available, as they are. MiVoBroadcast may decline or cancel an order, and then refunds what was paid for it. Online payments are taken by the payment provider named at checkout; your card number is never seen by the funeral home or MiVoBroadcast. See the Refunds page for how cancellations and refunds work; it is part of these terms.
9. Other companies' services
The Pages depend on other companies, such as payment providers, internet and hosting companies, email services and delivery carriers, each under its own terms. We are not responsible for what they do or fail to do.
10. No warranties
TO THE FULLEST EXTENT THE LAW ALLOWS, THE PAGES AND KEEPSAKES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND ON A BEST-EFFORT BASIS. THE PROTECTED PARTIES GIVE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, AVAILABILITY OR ACCURACY. The only promises about a keepsake are those on the Refunds page.
11. Limit of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, NO PROTECTED PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR EMOTIONAL DISTRESS, A MISSED LIVE VIEWING, A LOST OR FAILED STREAM OR RECORDING, LOST OR DAMAGED UPLOADS OR DATA, OR ANYTHING POSTED BY SOMEONE ELSE, WHATEVER THE LEGAL THEORY AND EVEN IF TOLD SUCH A LOSS WAS POSSIBLE.
TO THE FULLEST EXTENT THE LAW ALLOWS, THE TOTAL LIABILITY OF ALL THE PROTECTED PARTIES TOGETHER FOR EVERYTHING RELATING TO THE PAGES AND KEEPSAKES IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID MIVOBROADCAST FOR THE KEEPSAKE THE CLAIM IS ABOUT AND (B) US$50.
Some places do not allow some of these limits; there they apply as far as the law allows. Nothing in these terms limits a liability or takes away a right that the law says cannot be limited or waived.
12. Binding arbitration and class action waiver
PLEASE READ THIS SECTION CLOSELY. YOU AND MIVOBROADCAST EACH GIVE UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL, AND YOU GIVE UP THE RIGHT TO BRING OR JOIN A CLASS ACTION.
Talk to us first. Before starting anything, write to MiVoBroadcast Support at support@mivobroadcast.com with your name, the service, the order number if there is one, what happened and what you are asking for. We both then try in good faith to settle it for 30 days, and any time limit is paused during those days.
Arbitration. Any dispute or claim between you and any Protected Party that arises from or relates to these terms, the Pages, a stream, a recording, an upload, a keepsake, a refund or the Privacy or Refunds pages, under any legal theory, and any question about whether it must be arbitrated, is decided only by final and binding arbitration, not in court. The Federal Arbitration Act governs this section, and every Protected Party may rely on it.
How it works. The American Arbitration Association runs the arbitration under its Consumer Arbitration Rules (adr.org), before one arbitrator. The hearing is by video or phone or on written documents, or in the county where you live if the arbitrator decides one in person is needed. Fees are paid as those rules say. The arbitrator may award only what a court could award on an individual claim, only to the person bringing it, and within the limits of these terms. A court with jurisdiction may enter judgment on the award.
What stays out of arbitration. Either side may bring an individual claim in small claims court if it qualifies and stays there. Either side may ask a court to stop the misuse of intellectual property or an attack on the Pages.
Class action waiver. Claims may be brought only on an individual basis, never as a plaintiff or a member of any class, collective, consolidated or representative action. The arbitrator may not combine the claims of more than one person without everyone's written agreement. If this waiver cannot be enforced for a particular claim, that claim alone goes to court and everything else stays in arbitration.
Time limit. To the fullest extent the law allows, a claim must be started within one year of the day it arose, or it is given up.
13. If your conduct causes a claim
To the fullest extent the law allows, you agree to defend and compensate the Protected Parties against any claim by someone else, and its costs, that comes from Your Content or from your breaking these terms.
14. General terms
- Law. Except where the law of your home state must apply, the laws of the state where MiVoBroadcast has its principal office govern these terms, without regard to conflict of laws rules.
- Events beyond our control. We are not responsible for a failure or delay caused by something outside our reasonable control.
- Changes. We may change the Pages, or stop offering them, at any time. We may change these terms; the date and revision at the top of the page show the version in force, and a change applies to use and orders from that date on, never to a dispute already started.
- The rest stands. If part of these terms cannot be enforced, the rest still applies. Not enforcing something is not giving it up. Sections 6, 10, 11, 12 and 13 continue after you stop using the Pages.
- The whole agreement. These terms, with the Privacy and Refunds pages, are the whole agreement about the Pages and keepsakes. We may transfer them to a company that takes over the Pages.
15. Contact
MiVoBroadcast Support: support@mivobroadcast.com.