| PERSONALIZEDMEMORIAL.COM
Terms of Service Agreement
June 12, 2006
PersonalizedMemorial.com
is a social
networking service that allows Members to create unique
personal websites online in rememberance of people who have
passed. The Services offered by PersonalizedMemorial.com include
the PersonalizedMemorial.com Website (the "Website"), and any other features,
content, or applications offered from time to time by PersonalizedMemorial.com in connection with the Website (collectively,
the "Services").
This Terms of Service Agreement
("Agreement") sets forth the legally binding terms for your use of the
Services. By using the Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply
browse the Website) or you are a "Member" (which means that you have
registered with PersonalizedMemorial.com).
The term "User" refers to a Visitor or a
Member. You are only authorized to use the Services (regardless of
whether your access or use is intended) if you agree to abide by all
applicable laws and to this Agreement. Please read this Agreement
carefully. If you do not agree with it, you should leave
the Website and discontinue use of the Services immediately. If you
wish to become a Member, communicate with other Members and make use of
the Services, you must read this Agreement and indicate your acceptance
at the end of this document before proceeding to the Registration
process.
This Agreement includes
PERSONALIZEDMEMORIAL.COM'S policy
for acceptable use of the Services
and Content posted on the Website, your rights, obligations and
restrictions regarding your use of the Services and PersonalizedMemorial.com's Privacy Policy. In order to
participate in certain Services, you may be notified that you are
required to download software or content and/or agree to additional
terms and conditions. Unless otherwise provided by the additional terms
and conditions applicable to the Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at: info@personalizedmemorial.com, Subject: Terms of Service Agreement.
PersonalizedMemorial.com may modify this
Agreement
from time to time and such modification shall be effective
upon posting by PersonalizedMemorial.com on the Website. You agree to
be bound to any changes to this Agreement when you use the Services
after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any
changes.
Please choose carefully the information
you post on PersonalizedMemorial.com and that you provide to other
Users. Your PersonalizedMemorial.com Website may not include the
following items: telephone numbers, street addresses, last names, and
any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by other
PersonalizedMemorial.com Members (for instance, in their site) may
contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and PersonalizedMemorial.com assumes no
responsibility or liability for this material. If you become aware of
misuse of the Services by any person, please contact
PersonalizedMemorial.com at info@personalizedmemorial.com.
PersonalizedMemorial.com reserves the
right, in its sole discretion, to reject, refuse to post or remove any
posting (including email) by you, or to restrict, suspend, or terminate
your access to all or any part of the Services at any time, for any or
no reason, with or without prior notice, and without liability.
- Eligibility. Use of and
Membership in the Services is void where prohibited. By using the
Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are 14 years of age or older;
and (d) your use of the Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 14 years
of age.
- Term. This Agreement
shall remain in full force and effect while you use the Services or are
a Member. You may terminate your Membership at any time, for any
reason, by sending request to info@personalizedmemorial.com. PersonalizedMemorial.com may terminate your Membership at any
time, without warning. Even after Membership is terminated, this
Agreement will remain in effect.
- Fees. You
acknowledge that PersonalizedMemorial.com reserves the right to charge
for the Services and to change its fees from time to time in its
discretion. If PersonalizedMemorial.com terminates your Membership
because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees.
- Password. When you
sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. If you become aware of any unauthorised use of your password,
we recommend that you change your password immediately or contact info@personalizedmemorial.com. You are solely
responsible for any and all use of your account.
- Non-commercial Use by Members.
The Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by PersonalizedMemorial.com. Illegal
and/or unauthorized use of the Services, including collecting usernames
and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or
linking to the Website is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from
Member profiles without notice and may result in termination of
Membership privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the Services.
- Proprietary Rights in Content on PERSONALIZEDMEMORIAL.COM.
- By displaying or publishing ("posting") any Content, messages,
text, files, images, photos, video, sounds, profiles, works of
authorship, or any other materials (collectively, "Content") on or
through the Services, you hereby grant to PersonalizedMemorial.com, a
non-exclusive, fully-paid and royalty-free, worldwide license (with the
right to sublicense through unlimited levels of sublicensees) to use,
copy, modify, adapt, translate, publicly perform, publicly display,
store, reproduce, transmit, and distribute such Content on and through
the Services. This license will terminate at the time you remove such
Content from the Services. You represent and warrant that: (i) you own
the Content posted by you on or through the Services or otherwise have
the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through the Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted
by you to or through the Services.
- The
Services contain Content of PersonalizedMemorial.com
("PersonalizedMemorial.com Content"). PersonalizedMemorial.com Content
is protected
by copyright, trademark, patent, trade secret and other laws, and
PersonalizedMemorial.com owns and retains all rights in the
PersonalizedMemorial.com Content and the Services.
PersonalizedMemorial.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the
PersonalizedMemorial.com
Content (excluding any software code) solely for your personal use in
connection with viewing the Website and using the Services.
- The Services contain Content of Users and other PersonalizedMemorial.com licensors. Except for Content posted by you,
you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or
through the Services.
- Content Posted.
- PersonalizedMemorial.com may delete any Content that in the sole
judgment of PersonalizedMemorial.com violates this Agreement or which
may be
offensive, illegal or violate the rights, harm, or threaten the safety
of any person. PersonalizedMemorial.com assumes no responsibility for
monitoring the Services for inappropriate Content or conduct. If at any
time PersonalizedMemorial.com chooses, in its sole discretion, to
monitor the Services, PersonalizedMemorial.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
- You are solely responsible
for the Content that you post on
or through any of the Services, and any material or information that
you transmit to other Members and for your interactions with other
Users. PersonalizedMemorial.com does not endorse and has no control
over the Content. Content is not necessarily reviewed by
PersonalizedMemorial.com prior to posting and does not necessarily
reflect the opinions or policies of PersonalizedMemorial.com.
PersonalizedMemorial.com makes no warranties, express or implied, as to
the Content or to the accuracy and reliability of the Content or any
material or information that you transmit to other Members.
- Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal
or prohibited to post on or through the Services. PersonalizedMemorial.com reserves the right to investigate and take
appropriate legal action against anyone who, in PersonalizedMemorial.com's sole discretion, violates this provision,
including without limitation, removing the offending communication from
the Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of PERSONALIZEDMEMORIAL.COM:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail," "chain letters,"
or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including,
but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the
profile.
The following is a partial list of the kind of activity that is
illegal or prohibited on the Website and through your use of the
Services. PersonalizedMemorial.com reserves the right to investigate
and take appropriate legal action against anyone who, in PersonalizedMemorial.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful
files, copyright infringement, patent infringement, or theft of trade
secrets;
advertising to, or solicitation of, any Member to buy or sell any
products or services through the Services. You may not transmit any
chain letters or junk email to other Members. It is also a violation of
these rules to use any information obtained from the Services in order
to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent. In order to protect our Members from such
advertising or solicitation.
covering or obscuring the banner advertisements on your personal
profile page, or any PersonalizedMemorial.com page via HTML/CSS or any
other means;
any automated use of the system
interfering with, disrupting, or creating an undue burden on the
Services or the networks or services connected to the Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
selling or otherwise transferring your website;
using any information obtained from the Services in order to harass, abuse, or harm another person; or
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using the Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy.
You may
not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to
others without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of PersonalizedMemorial.com to
terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to
PersonalizedMemorial.com by the copyright owner or the copyright
owner's legal agent.
Member Disputes.
You are
solely responsible for your interactions with other PersonalizedMemorial.com Members. PersonalizedMemorial.com reserves the
right, but has no obligation, to monitor disputes between you and other
Members.
Privacy.
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers.
PersonalizedMemorial.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the
Services provided, whether caused by Users of the Services or by any of
the equipment or programming associated with or utilized in the
Services. Profiles created and posted by Members on
PersonalizedMemorial.com may contain links to other websites.
PersonalizedMemorial.com
is not responsible for the Content, accuracy or opinions expressed on
such websites, and such websites are in no way investigated, monitored
or checked for accuracy or completeness by PersonalizedMemorial.com.
Inclusion of any linked website on PersonalizedMemorial.com does not
imply approval or endorsement of the linked website by
PersonalizedMemorial.com. When you access these third-party sites, you
do so at your own risk.
PersonalizedMemorial.com takes no
responsibility for third party advertisements which are posted on this
Website or through the Services, nor does it take any responsibility
for the goods or services provided by its advertisers.
PersonalizedMemorial.com is not responsible for the conduct, whether
online or offline, of any User of the Services. PersonalizedMemorial.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication.
PersonalizedMemorial.com is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the Services or
combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or
downloading materials in connection with the Services. Under no
circumstances shall PersonalizedMemorial.com be responsible for any loss
or damage, including personal injury or death, resulting from use of
the Services, attendance at a PersonalizedMemorial.com event, from any
Content posted on or through the Services, or from the conduct of any
Users of the Services, whether online or offline. The Services are
provided "AS-IS" and as available and PersonalizedMemorial.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. PersonalizedMemorial.com cannot guarantee and does
not promise any specific results from use of the Services.
- Limitation on Liability. IN
NO EVENT SHALL PERSONALIZEDMEMORIAL.COM BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF PERSONALIZEDMEMORIAL.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, PERSONALIZEDMEMORIAL.COM'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO PERSONALIZEDMEMORIAL.COM FOR THE SERVICES DURING THE TERM OF
MEMBERSHIP.
U.S. Export Controls.
Software available in connection with the Services (the "Software") is
further subject to United States export controls. No Software may be
downloaded from the Services or otherwise exported or re-exported in
violation of U.S. export laws. By downloading or using the Software,
you represent and warrant that such download or use is not in violation
of any such law.
Disputes.
If there is any
dispute about or involving the Services, you agree that the dispute
shall be governed by the laws of the State of New
York without regard to conflict of law provisions and you agree to
personal jurisdiction by and venue in the state and federal courts of
the State of New York, City of New York. Either
personalizedmemorial.com or you may demand that any dispute between
personalizedmemorial.com and you arising out of this Agreement must be
settled by arbitration utilizing the dispute resolution procedures of
the American Arbitration Association (AAA) in New York, NY.
Indemnity.
You agree to
indemnify and hold personalizedmemorial.com, its subsidiaries, and
affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Services in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above and/or if any
Content that you post on the Website or through the Services causes
personalizedmemorial.com to be liable to another.
Other.
This Agreement is
accepted upon your use of the Website or any of the Services and is
further affirmed by you becoming a Member. This Agreement constitutes
the entire agreement between you and personalizedmemorial.com regarding
the use of the Services. The failure of personalizedmemorial.com to
exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or
contractual effect. personalizedmemorial.com is a trademark of
personalizedmemorial.com, Inc. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability
of any remaining provisions.
Please contact us at: info@personalizedmemorial.com with any questions regarding this Agreement.
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