Terms of Service

(1) These Terms of Service apply to all contracts for the use of the digital cemetery platform at 4everyard.com and the acquisition of digital goods (memorial stones, plots) concluded between the provider and the customer.

(2) Deviating terms and conditions of the customer will not be accepted.

(1) The provider provides a virtual 3D environment (based on Unity WebGL) in which customers can create digital memorial sites.

(2) The display of digital content requires that the customer has a compatible device and a current browser that supports WebGL.

(3) The customer does not acquire ownership rights to the digital content, but a simple, non-transferable right to use it within the platform ("License").

(1) The customer can upload individual content (texts, biographies, images of the deceased).

(2) Rights guarantee: The customer assures that they have all necessary rights to the uploaded content (e.g. copyrights to photos, personal rights of the persons depicted).

(3) Indemnification: Should the provider be held liable by third parties for a legal violation resulting from the customer's content (e.g. illegal use of third-party photos), the customer indemnifies the provider from all claims and assumes the necessary costs of legal defense.

(4) The provider reserves the right to delete content that violates laws or public morals.

(1) The contract is concluded through the order and acceptance by the provider.

(2) Expiration of the right of withdrawal: As these are digital contents that are not delivered on a physical data carrier, the customer's statutory right of withdrawal expires prematurely if:

• the customer has expressly consented to the provider beginning contract fulfillment before the expiry of the withdrawal period, and
• the customer has confirmed their knowledge that they lose their right of withdrawal through their consent.

(1) The provider provides its services according to the best-effort principle. Constant or 100% availability of the platform is not guaranteed.

(2) In particular, maintenance work, technical disruptions or failures beyond the provider's control (e.g. failures of hosting providers or internet lines) may temporarily restrict or make use impossible.

(3) The customer has no claim to damages or reduction due to such service restrictions, unless these were caused by the provider through gross negligence or intent.

(4) The provider is entitled to change or update the technical design of the virtual world, provided this is reasonable for the customer and does not significantly affect the core service (the memorial function).

(1) The provider reserves the right to discontinue the service in whole or in part for economic or technical reasons.

(2) In the event of service discontinuation, customers will be informed at least 30 days in advance by email.

(3) With service discontinuation, usage rights to digital goods end. There is no claim to damages or refund of the purchase price in this case, unless the discontinuation occurs short-term (within 3 months) after purchase.

(1) The provider is liable without limitation for intent and gross negligence as well as for damages from injury to life, body or health.

(2) For slight negligence, the provider is only liable for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the contractually typical, foreseeable damage.

(3) Further liability, in particular for data loss, is excluded to the extent legally permissible.

(1) The law of the Federal Republic of Germany applies.

(2) The contract language is German. Translations of these Terms of Service are for information purposes only; in case of doubt, the German text prevails.

(3) EU Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr

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