TERMS OF SERVICE

HERE FOREVER is a media production service offered by Mediaspace LLC, a Colorado Corporation (“Media Producer”).

SERVICE DEFINITION — Life Review Video stream production is the artful composite of customer-sourced multimedia telling a life story. The story is told via an audio/video stream delivered via YouTube. Client downloads the video to store in perpetuity in their chosen storage medium.

LIFE REVIEW VIDEO CONSIDERATIONS — Media Producer desires clients of honest intent and fair judgment who will offer word-of-mouth positive referrals to all interested parties. Video edited from compiled media is a creative endeavor with many variables outside of the Media Producer’s control that contribute to the outcome. Variables that may affect the creative outcome of Life Review Video streams include the subjective quality of submitted media and accuracy of life facts provided by the customer.

SERVICE TURNAROUND — An online collection dropbox will be established to receive customer-sourced media. Submissions will be received for 72 hours after order unless client requests more time. The Life Review Video stream will be available to screen and share one week after order, or one week after the deadline for gathering of family media in such case that client chooses a longer media gathering deadline.

ACCEPTED MEDIA FORMATS — Photo images (JPG), Video files (MP4 and MOV), Audio files (MP3), Documents (PDF).

COPYRIGHT of media is retained by original copyright holders.

CLIENT REPRESENTATION — Client assumes responsibility for life facts and information offered for this Memorial Video. Producer assumes client provides storyline facts with honesty and no intent to malign or misrepresent the life and circumstances of the video subject.

WAIVER AND RELEASE — As a part of the consideration for ordering this service, client hereby releases HereForever/MediaspaceLLC, and any of its subcontractors, from any and all claims arising from or related to the services that Media Producer is providing in connection with this order, to include any claims for bodily injury, property damage, economic damages, noneconomic damages, or any other damages of any other character whatsoever.

INDEMNIFICATION — Client agrees to defend, indemnify, and forever hold Media Producer harmless from any and all claims related to the services provided hereunder.

DISPUTE RESOLUTION — In the event there is any dispute between the parties, prior to initiating arbitration or litigation, the parties shall mediate the dispute. In the event the mediation is not successful, at Media Producer’s sole discretion, the dispute will be resolved by either binding arbitration with an attorney arbitrator of the parties’ choosing, or litigation. In the event of litigation, the parties hereby waive their right to a jury trial. Further, in the event of litigation, the parties agree that venue shall be proper in Larimer County, Colorado. In the event of any dispute between the parties, if Media Producer prevails in whole or in part on any claim, Media Producer shall be entitled to its reasonable attorney fees and costs incurred in connection with any dispute. Any disputes between the parties is to remain confidential. Both parties agree not to take any action that negatively impacts the public reputation of any participant in this agreement.