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
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
1. User Agreement
are bound to it. It is a binding contract between user and The Company, and includes
the following conditions:
Any personal information provided by the user is accurate and complete, and updated
when appropriate so that it remains accurate and complete.
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.
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.
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.
are also bound by any posted guidelines and rules for that particular area.
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
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
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
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.
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
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
reasonable. Any statutory rights users may have under consumer protection legislation
The sole and exclusive remedy for any users dissatisfied with The Company, its partners
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.
Upon account registration, users will submit accurate, complete and updated personal
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.
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.
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.
If you have any questions or concerns, please contact our support team.