Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of Tuckerly ("we," "us," or "our") website located at tuckerly.com (the "Service") operated by Tuckerly.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

Definitions

• Account: A unique account created for you to access our Service
• Content: Text, images, videos, or other material you post on the Service
• Service: The Tuckerly website and related services
• Terms: These Terms of Service as updated from time to time

Description of Service

Tuckerly provides an online platform for creating and sharing pet obituaries and memorials. Our Service includes:

• Creation and hosting of pet obituary pages
• Photo and video upload capabilities
• Guest book and commenting functionality
• Virtual candle lighting features
• Social media sharing tools
• Premium features and services
• Veterinary partnership programs

Eligibility

You must be at least 13 years old to use this Service. By using the Service, you represent and warrant that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws
• All information you provide is accurate and truthful

User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for:

• Safeguarding the password and maintaining account security
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Maintaining only one account per person

Prohibited Uses

You may not use our Service:

• For any unlawful purpose or to solicit unlawful acts
• To violate international, federal, provincial, or state regulations or laws
• To infringe upon intellectual property rights
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload viruses or malicious code
• To collect personal information without proper authorization
• For commercial purposes without written consent
• To interfere with or circumvent security features
• To create fake obituaries or memorial content

Content Ownership and Rights

Your Content

You retain ownership of all intellectual property rights in the content you submit. By posting content, you grant us a worldwide, royalty-free, non-exclusive license to:

• Use, reproduce, and display your content on our Service
• Modify and adapt content for technical requirements
• Make content available to other users as part of the Service

You represent that you own or have necessary permissions for all content you submit.

Our Content

The Service and its original content, features, and functionality are owned by Tuckerly and are protected by copyright, trademark, and other laws.

Content Moderation

We reserve the right to:

• Monitor, review, and moderate user-generated content
• Remove content that violates these Terms
• Suspend or terminate accounts for violations
• Cooperate with law enforcement when required

Payment Terms

Premium Services

Some features may require payment. By purchasing premium services, you agree to:

• Pay all fees associated with your account
• Provide accurate billing information
• Accept responsibility for all charges

Donations

• Donations are voluntary contributions to support our Service
• Donations are generally non-refundable
• Recurring donations can be cancelled at any time

Refunds

Refunds are handled on a case-by-case basis. Contact [email protected] for refund requests within 30 days of purchase.

Privacy

We care about your privacy. Our Privacy Policy explains how we handle your information. By using Tuckerly, you agree to how we collect and use your data.

Service Availability

• We work hard to keep Tuckerly running smoothly, but can't guarantee 100% uptime
• We might need to do maintenance or add new features
• We'll give notice before making major changes
• We're not responsible for temporary outages

Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TUCKERLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL TUCKERLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.

Our total liability to you for all damages shall not exceed the amount you have paid us in the twelve (12) months prior to the action giving rise to liability.

Indemnification

You agree to indemnify and hold Tuckerly harmless from any claims arising from your use of the Service or violation of these Terms.

Ending Your Account

• You can delete your account anytime
• We might suspend accounts that violate these terms
• When an account ends, the obituaries might be deleted too
• Some parts of this agreement survive even after termination

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected].

Binding Arbitration

Any dispute arising from these Terms will be resolved through binding arbitration rather than in court, except you may assert claims in small claims court.

Class Action Waiver

You agree that any arbitration will be limited to the dispute between us individually. No class actions or representative proceedings are permitted.

Governing Law

These Terms are governed by the laws of the United States and the state in which Tuckerly is incorporated, without regard to conflict of law principles.

Changes to These Terms

Sometimes we need to update these terms. If we make important changes, we'll email you and post them here. By continuing to use Tuckerly after changes, you agree to the new terms.

Questions?

Have questions about these terms? We're here to help:

Final Note

By using Tuckerly, you're saying you've read and agree to these terms and our Privacy Policy. Thank you for trusting us to help honor your pet's memory.