Terms of Service
Terms of Service
Effective Date: September 9, 2026
Welcome to Forever Montage. These Terms of Service ("Terms," "Agreement," or "Terms of Service") govern your access to and use of the Forever Montage website, applications, software, memorial-program builder, slideshow services, photo-restoration services, digital products, and related services (collectively, the "Services").
Forever Montage is a brand operated by Ballyhoo Mansion LLC ("Ballyhoo Mansion," "Forever Montage," "we," "us," or "our"). By creating an account, accessing our Services, uploading content, placing an order, or otherwise using Forever Montage, you agree to these Terms of Service and our Privacy Policy.
If you do not agree to these Terms, please do not use the Services.
1. Our Services
Forever Montage provides online tools and services designed to help individuals and families create memorial tributes and preserve memories. Our Services may include: memorial slideshow creation; funeral and memorial program creation; free funeral-program templates; photo restoration; AI-assisted photo restoration; digital memorial products; downloadable slideshow videos; downloadable memorial programs; photo and video processing; account management; and other memorial-related services and features. The Services, features, packages, prices, and available options may change from time to time. We may add, modify, suspend, or discontinue features at our discretion, subject to applicable law and any obligations applicable to purchases already made.
2. Eligibility
You must be at least 18 years old to create an account or purchase Services unless we expressly permit otherwise. By using Forever Montage, you represent that you are legally capable of entering into this Agreement; the information you provide is accurate and complete; you will use the Services only for lawful purposes; and you have the authority to upload and use any photographs, text, videos, or other content you submit. If you are using Forever Montage on behalf of another person, family, organization, or business, you represent that you have authority to do so.
3. Creating an Account
Certain features require you to create a Forever Montage account. You agree to provide accurate information; keep your account information current; protect your login credentials; keep your password confidential; notify us if you believe your account has been compromised; and accept responsibility for activity occurring through your account unless caused by our failure to use reasonable security measures. You may not create an account using another person's identity or information without authorization. We reserve the right to suspend or terminate accounts that violate these Terms or applicable law.
4. Free Funeral Program Services
Forever Montage may offer certain funeral and memorial-program creation services at no charge. A free service does not necessarily include every feature, download format, resolution, printing option, or upgrade. Additional features or services may require payment. The specific features included with a free service will be identified within the Forever Montage website or application. We reserve the right to modify or discontinue free features in the future, subject to applicable law.
5. Memorial Slideshows
Forever Montage may allow users to create memorial slideshows using photographs, music, text, transitions, and other materials. Depending on the package selected, users may be able to choose photos, music, backgrounds, transitions, video quality, download resolution, and other available customization options. The final appearance of a slideshow may vary depending on the materials and options selected by the user.
6. Funeral and Memorial Programs
Forever Montage may provide templates that allow users to create personalized funeral or memorial programs. Users are responsible for reviewing all information before downloading, printing, or distributing a program, including names, dates, obituaries, poems, scripture, photographs, captions, family information, and other text or details. Forever Montage is not responsible for typographical, factual, spelling, date, photograph, or other errors supplied or approved by the user. Please carefully proofread your final program before printing or distributing it.
7. User-Uploaded Content
Forever Montage may allow you to upload photographs, videos, text, obituary information, memorial information, music, and other materials ("User Content"). You retain ownership of your User Content. You are responsible for the content you upload and for ensuring that you have all necessary rights and permissions to use it.
8. Your Responsibility for Photographs
By uploading a photograph or other content, you represent and warrant that you own the content or have permission to use it; you have permission to upload it to Forever Montage; your use of the content does not violate another person's rights; you have obtained any permissions necessary from the copyright owner; the content does not knowingly violate applicable law; and you will not upload content for which you do not have appropriate rights or authorization. For example, you should not upload a professionally photographed image if you do not have permission to reproduce or use that photograph.
9. License to Process User Content
You retain ownership of your User Content. However, to provide the Services, you grant Ballyhoo Mansion LLC and Forever Montage a limited, non-exclusive, worldwide, royalty-free license to access, copy, store, transmit, process, modify, reproduce, and display your User Content only as reasonably necessary to provide, operate, maintain, secure, improve, and support the Services you request, or as otherwise described in our Privacy Policy. This license does not transfer ownership of your photographs to Forever Montage. We do not claim ownership of your personal photographs simply because you upload them to our Services.
10. AI-Assisted Photo Restoration
Forever Montage does not offer AI-assisted or automated photo-restoration services. These services will not attempt to improve photographs by correcting issues such as scratches, damage, fading, blur, noise, contrast, color, resolution, or other visible imperfections. You are responsible for restoring and reviewing photographs before using or distributing them.
11. Photo Restoration and AI Results
Because restoration technology is not perfect, Forever Montage does not guarantee that every photograph can be restored successfully. Some photographs may be too damaged, too low resolution, too blurry, missing significant visual information, or otherwise unsuitable for the requested restoration. Forever Montage does not provide an alternative result, partial restoration, or other available remedy according to the applicable purchase or refund policy.
12. Music and Audio
Users may be permitted to add music to memorial slideshows. You are responsible for ensuring that you have the legal right to use any music you upload or select where required. You may not use Forever Montage to create or distribute content that infringes copyright or other intellectual-property rights. Where Forever Montage provides music or audio, your use is limited to the rights and license associated with that music.
13. Intellectual Property
The Forever Montage website and Services contain intellectual property owned by or licensed to Ballyhoo Mansion LLC. This may include logos, branding, website design, templates, graphics, software, user-interface designs, text, icons, images, videos, original artwork, and other content. Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, license, reverse engineer, republish, create derivative works from, or commercially exploit Forever Montage intellectual property without our prior written permission.
14. Template Usage
Forever Montage may provide funeral and memorial templates for personal use. Unless we expressly state otherwise, templates are licensed to you for the purpose of creating your own memorial materials. You may not resell the template itself; copy the template design for commercial resale; extract individual design elements for redistribution; offer the template as your own product; or use Forever Montage templates to create a competing template library. Your completed personalized memorial program belongs to you to the extent of your own content and subject to any rights belonging to Forever Montage or third parties.
15. Payments
Certain Forever Montage Services require payment. Prices will be displayed before you complete a purchase. Before submitting an order, you should review the product or service selected; price; applicable taxes; upgrades; download resolution; quantity; and other applicable charges. By submitting an order, you authorize the applicable payment processor to charge the payment method you provide for the amount displayed at checkout. Payment processing may be performed by third-party payment providers. Forever Montage does not intend to store complete credit-card numbers on its own systems.
16. Pricing
We may change prices from time to time. Any price change will not alter a purchase that has already been completed unless otherwise permitted by applicable law or expressly agreed to by you. Promotional prices, discounts, and special offers may have additional terms. Unless otherwise stated, promotional offers cannot necessarily be combined with other discounts.
17. Add-Ons and Upgrades
Forever Montage may offer optional upgrades, including higher-resolution downloads, additional features, or other services. Before purchasing an upgrade, the applicable price and terms will be displayed. An upgrade does not automatically include other products or services unless expressly stated.
18. Refunds and Cancellations
Our refund policy depends on the type of Service purchased.
Free Services: There is no charge for Services specifically identified as free.
Digital Products and Downloads: Because certain Forever Montage products may be digitally generated or delivered immediately, refunds may be limited once the requested digital product has been generated, delivered, or downloaded, except where a refund is required by law or otherwise provided by our applicable refund policy.
Services Not Yet Completed: If you request cancellation before a paid service has begun or before substantial processing has occurred, we may be able to provide a refund depending on the circumstances.
Completed Services: Once a personalized memorial slideshow, program, or other digital product has been substantially completed or delivered, the purchase may be non-refundable except where required by law or where Forever Montage voluntarily provides a refund.
Errors Caused by Forever Montage: If Forever Montage fails to provide a purchased digital product because of a technical problem within our control, we will make reasonable efforts to correct the problem or provide an appropriate remedy. Nothing in this section limits rights you may have under applicable consumer-protection laws.
19. Orders and Delivery
Digital products may be delivered through your Forever Montage account, email, download link, or another method described during purchase. You are responsible for providing accurate contact information. If we cannot deliver a product because the information provided by you is incorrect, we may ask you to provide corrected information. For physical products, if offered in the future, delivery times and shipping terms will be provided at the time of purchase. We will comply with applicable laws regarding delivery delays and refunds.
20. Automatic Renewals and Subscriptions
Unless clearly stated otherwise at checkout, Forever Montage purchases are not subscriptions and do not automatically renew. If Forever Montage offers a subscription, membership, recurring service, or automatically renewing plan in the future, the applicable recurring charges, renewal period, cancellation terms, and other material terms will be disclosed before enrollment. You will not be enrolled in a recurring paid service merely because you create a free Forever Montage account.
21. Prohibited Uses
You agree not to use Forever Montage to violate any law; infringe copyright or trademark rights; upload content you do not have permission to use; upload malicious software; attempt unauthorized access to another user's account; interfere with the operation of the Services; circumvent security measures; scrape or copy the Services for unauthorized purposes; reverse engineer the Services except where permitted by law; create fraudulent memorial materials; impersonate another person; harass or threaten another person; upload unlawful or abusive content; use the Services to facilitate fraud; resell the Services without authorization; or use the Services in a manner that could damage Forever Montage, its users, or third-party providers.
22. Copyright Complaints
If you believe that content available through Forever Montage infringes your copyright, you may contact us with information sufficient to identify the copyrighted work, the allegedly infringing material, your contact information, and other information reasonably necessary for us to evaluate the complaint. We may remove or restrict access to content that we reasonably believe infringes intellectual-property rights. For copyright concerns, contact Care@ForeverMontage.com with the subject "Copyright Complaint."
23. Privacy
Your use of Forever Montage is also governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, store, and disclose information. You can review the Privacy Policy on our website. Our Privacy Policy is incorporated into these Terms by reference.
24. Security
We use reasonable measures designed to protect the Services and information processed through them. However, no website, application, cloud-storage system, or internet transmission can be guaranteed to be completely secure. You acknowledge that electronic communications and data transmission involve risks. You should maintain backup copies of important photographs, videos, programs, and other materials.
25. Third-Party Services
Forever Montage may rely on third-party providers for services such as website hosting; cloud storage; payment processing; email; authentication; image processing; AI-assisted processing; analytics; security; customer support; and other technical services. Third-party services may have their own terms and privacy policies. Forever Montage is not responsible for the independent practices of third parties except to the extent required by applicable law.
26. Links to Third-Party Websites
Forever Montage may contain links to websites operated by third parties. These links are provided for convenience. We do not control third-party websites and are not responsible for their content, availability, security, or privacy practices.
27. Service Availability
We strive to provide reliable Services but do not guarantee that the Services will always be available, uninterrupted, error-free, secure, compatible with every device, free of delays, or free of technical problems. Services may be temporarily unavailable due to maintenance; software updates; server problems; internet outages; security issues; third-party service interruptions; natural disasters; government actions; or other circumstances outside our reasonable control.
28. User Responsibility for Backups
Forever Montage is not intended to be your sole backup or permanent archive for photographs or memorial materials. You should always maintain your own original copies. We do not guarantee permanent storage of your photographs, videos, programs, or other User Content unless a specific Forever Montage product expressly states otherwise.
29. Account Termination
You may stop using Forever Montage at any time. We may suspend or terminate an account if we reasonably believe that you violated these Terms; you violated applicable law; your account presents a security risk; your account is being used fraudulently; your activity could harm other users or the Services; or termination is otherwise permitted by law. Where appropriate, we may provide notice before termination. Termination does not eliminate obligations that arose before termination.
30. Effect of Account Termination on User Content
If your account is terminated or you delete your account, we may delete or retain User Content according to our Privacy Policy, legal obligations, legitimate business needs, backup procedures, or the terms of the particular Service. You should download or otherwise retain copies of materials you wish to preserve before closing your account.
31. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an "as available" and "as is" basis. We do not guarantee that a particular template will always remain available; a restoration will produce a particular result; an AI restoration will accurately reproduce an original photograph; a slideshow will meet a user's subjective expectations; a website feature will always operate without interruption; a downloaded file will remain available indefinitely; or the Services will be compatible with every device or software environment. Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
32. Memorial Content and Emotional Materials
Forever Montage provides tools to help families create memorial materials. We understand that the content submitted through the Services may involve deceased family members and emotionally significant events. However, Forever Montage does not provide grief counseling, mental-health services, legal advice, financial advice, medical advice, or other professional services. Our Services are intended solely as creative and technological tools for creating memorial materials.
33. Limitation of Liability
To the maximum extent permitted by applicable law, Ballyhoo Mansion LLC, Forever Montage, and their officers, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Services. This may include, to the extent permitted by law, loss of data, photographs, revenue, profits, business opportunities, goodwill, or other intangible losses. Nothing in these Terms limits liability that cannot legally be limited or excluded.
34. Maximum Liability
To the maximum extent permitted by applicable law, the total liability of Ballyhoo Mansion LLC and Forever Montage for claims arising out of or relating to the Services will not exceed the amount you paid to Forever Montage for the specific Service giving rise to the claim during the twelve months preceding the event giving rise to the claim. This limitation does not apply where prohibited by applicable law.
35. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ballyhoo Mansion LLC, Forever Montage, and their officers, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses arising from your violation of these Terms; your unlawful use of the Services; your User Content; your infringement of another person's intellectual-property rights; your violation of another person's privacy or other rights; or your fraudulent or abusive use of the Services.
36. Dispute Resolution
We encourage customers to contact us first so that we can attempt to resolve concerns informally. Before filing a legal claim, you agree to contact Care@ForeverMontage.com and provide a description of the issue and the resolution you are seeking. Nothing in this section prevents you from exercising rights that cannot lawfully be waived or from seeking relief through a government agency where permitted by law.
37. Governing Law
Unless otherwise required by applicable law, these Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles. Any provisions of these Terms that are determined to be unenforceable will be modified or limited to the minimum extent necessary to make them enforceable, while the remaining provisions will remain in effect.
38. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we may provide notice through the website, email, your account, or another reasonable method. The updated Terms will include a revised Effective Date. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.
39. Entire Agreement
These Terms, together with our Privacy Policy, Legal Notice, and any additional terms presented at the time of purchase or use of a particular Service, constitute the agreement between you and Ballyhoo Mansion LLC regarding your use of Forever Montage. If a specific product or service contains additional terms that conflict with these Terms, the specific terms applicable to that product or service will control to the extent of the conflict.
40. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.
41. No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
42. Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law. Ballyhoo Mansion LLC may assign these Terms in connection with a merger, acquisition, sale of assets, corporate restructuring, or similar transaction.
43. Contact Us
If you have questions, concerns, complaints, or requests regarding these Terms or the Forever Montage Services, please contact us:
Forever Montage
A Ballyhoo Mansion LLC Company
Email: Care@ForeverMontage.com
Website: forevermontage.com