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Terms of Use

Memory-Of.com is a community dedicated to living fuller and healthier lives while celebrating and sharing their loved ones’ legacies, through permanent, globally-accessible Memorial Websites.

This Terms of Use, which may be updated without notice at any time, provides registered and non-registered users with information that they should be aware of before enjoying Memory-Of.com and any parts and sections thereof (including, but not limited to: all content, message boards, vendor contact forms, user profile information, databases, posts, messages, photos and graphics).

“The Company” (which includes, but is not limited to, Memory-Of.com and TelNET.) assumes no responsibility for users’ ability to access The Company, or any liability for the failure to store or maintain any user communications or personal settings.

1. User Agreement
By visiting or using The Company, users are also accepting this Terms of Use, and are bound to it. It is a binding contract between user and The Company, and includes the following conditions:
a) Any personal information provided by the user is accurate and complete, and updated when appropriate so that it remains accurate and complete.
b) The Company is intended solely for personal use, and any commercial use or re-publication of any aspect of The Company or its contents is strictly prohibited.
c) The Company enjoys a diverse audience, and as such requires all users to behave respectfully to others in regard to (but not limited to) messages, displays, posts and images within or in connection with The Company.
d) The Company is intended for the bereaved and their friends and family, and accordingly leaves the responsibility to legal guardians to determine whether any section or part of The Company is appropriate for minors.
e) In addition to this Terms of Use, when using a particular area of The Company, users are also bound by any posted guidelines and rules for that particular area.
2. Content

The Company provides its own services and those of its third party licensor(s) to users, and takes reasonable measures to protect and preserve the content submitted by users.

All content (including, but not limited to, writing) in or in relation to The Company is copyrighted property of The Company, and is protected as such.

All intellectual property rights (including trade or service marks, copyright and patents) in and relating to The Company (with the sole exception of user contributions) are owned by The Company, or by The Company’s third party licensor(s), and may not be used for any purpose other than for reasonable, non-commercial use without the express written consent of The Company or the owner of the intellectual property rights (as applicable).

Users warrant that they own all material and intellectual properties they contribute anywhere in or in relation to The Company, and have the right to post such material and the right to grant The Company the license set out in this Terms of Use.

It the user’s responsibility to obtain any and all consent regarding the posting of personal information of others, and to adhere to any applicable state and federal laws regarding such information.

Users grant The Company a non-exclusive perpetual worldwide royalty-free license in its absolute discretion to host, distribute, edit or remove any part of the material posted to or in relation to The Company.

Users are solely responsible for all content that they post to or in relation to The Company. The Company may, in its absolute discretion, remove any content that it believes to be (but not limited to) harmful, illegal, immoral, defamatory, intolerant, disrespectful, malicious, fraudulent, solicitous, discriminatory, or creates a risk to safety or health.

Users must not upload, post or otherwise transmit to or in relation to The Company any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or do any other act which causes or contributes to the same. Users accept sole responsibility to any repercussions to doing so, due to violation of this Terms of Use.

Activity or content which appears in The Company’s sole judgment to violate the law may be brought to the attention of the proper authorities.

3. Communications

The Company and its third party licensor(s) may send communications, such as (but not limited to) service announcements, administrative massages and newsletters. It is a condition of becoming and remaining a user that these communications are permitted.

The Company may use third party advertising companies and advertising networks to serve ads to users on The Company’s behalf on Memory-Of.com. These companies may use information regarding user visits to The Company as well as other websites. For more information about this practice and user options for not having this information shared, users may visit http://www.networkadvertising.org/optout_nonppii.asp.

The Company may provide marketing opportunities to its partners through direct communication with users. The Company makes no representation or warranty concerning any goods or services offered or provided by any third party; users assume the responsibility of any recourse for dissatisfaction or problems with those goods or services.

4. Warranty, Liability and Indemnity

The Company is provided to users “as is” and without any warranty (whether express or implied) of (but not limited to) merchantability or fitness for a particular purpose contained therein. In particular: The Company shall not be liable in any manner whatsoever for any act, omission, occurrence, failure or event in, relating to, connected with, or concerning the healing or removal of bereavement. The Company makes no warranty that its services will be uninterrupted, timely, secure or error-free, or that The Company is free of viruses or other harmful components; nor does The Company make any warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness, or reliability of any software, goods or services purchased, accessed or obtained through, or advertised through, The Company. No advice or information, whether oral or written, obtained from or in relation to The Company will create any warranty not expressly made herein.

The Company shall not be liable in contract or otherwise for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of (or damage to) data, or for pure economic loss regardless of whether an such loss or damage would arise in the ordinary course of events, is reasonably foreseeable, or is otherwise in the contemplation of the parties.

The Company cannot be held liable for any content that is posted by users to or in relation to The Company.

In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. After considering all matters, users agree that the limitation of liability set out in this Terms of Use are fair and reasonable. Any statutory rights users may have under consumer protection legislation remain unaffected.

The sole and exclusive remedy for any users dissatisfied with The Company, its partners or this Terms of Use is the discontinuation of the use of The Company, its partners and its services. Users are entitled to a refund if cancellation of account is performed within the first 30 days. Cancellations requested after that time will result in the removal of the appropriate Memorial Website and a discontinuation of all future automatic payments to The Company, but no refund of monies already paid to The Company. The Company will consider appeals for refunds after the first 30 days on a case by case basis, but there is no guarantee of approval.

5. Registration

Upon account registration, users will submit accurate, complete and updated personal information.

Any Memorial Websites must not feature content or a web address that The Company, in its sole discretion, deems offensive or otherwise inappropriate.

Additional users invited and/or given access to a users account are responsibility of the primary user (the user who created the account/Memorial Website), and The Company is not liable for any acts or omissions of the guest.

Users must notify The Company immediately of any known or suspected unauthorized use(s) of or in relation to The Company, or any known or suspected breach of security (including but not limited to: loss, theft or unauthorized disclosure of personal information). Users are responsible for maintaining the confidentiality of their password, and must acknowledge and agree that under no circumstances can The Company be held liable for any acts or omissions by a registered or non-registered user.

6. General

All parties agree to refer disputes of any sort whatsoever arising from or in relation to the subject matter of this Terms of Use to arbitration in New York, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Nothing in this clause shall prevent The Company from seeking injunctive relief.

This Terms of Use constitutes the whole of the legal contract between user and The Company, and supersedes any other communication, written or oral, with regard to the subject matter hereof.

In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration or other binding decision, the remainder of this agreement shall remain valid and enforceable.

The Company reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. Users may not (without the written consent of The Company) assign, license or subcontract this agreement or any of their rights or obligations under it.

This Terms of Use is only available in English.

The failure of The Company to enforce any right or provision hereof shall not be deemed to be a waiver of any such right or provision.

No third party shall be a beneficiary of this contract created by the user’s acceptance of this Terms of Use.

If any portion of this agreement (or any change to this agreement which may occur without notice at any time) is unacceptable or will cause a user to no longer be in compliance with the agreement, the user may discontinue The Company’s services at anytime without expectation of a refund. Continued use of or in relation to The Company implies that the user has read, accepted and is bound by this Terms of Use.

To the extent applicable and appropriate, this Terms of Use shall survive termination.

If you have any questions or concerns, please contact our support team.

Last updated on Augost 30, 2010

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