Terms and Conditions of Use: |
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Last Revised: June 11th, 2013 Your privacy is very important to us. We designed our Privacy Policy to disclose how you can use Remembered.com to share with others and how we collect content and information. We also encourage you to read the Privacy Policy, and to use it to help make informed decisions in using the site. Please review the Terms and Conditions of Use before using Remembered.com. |
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By viewing, using, accessing, browsing, or submitting any content or material on or to this Site, you agree to these Terms and Conditions of Use as a binding legal agreement between you and Remembered.com, without limitation or qualification. If you do not agree to these Terms and Conditions of Use, then you may not use this Site. Remembered.com reserves the right to modify these Terms and Conditions of Use at any time without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms and Conditions of Use confirms that you have read, accepted, and agreed to be bound by such modifications. |
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A.Scope. Remembered.com grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, email, or print individual pages of this Site in accordance with these Terms and Conditions of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above. Except as specifically authorized by Remembered.com, you may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site. Remembered.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Site or any content contained therein, whether in whole or in part. Any rights not expressly granted herein are reserved. B. User Conduct. You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by Remembered.com from the US or the country in which you reside; not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 18 (a "Minor"); not to use the Site for illegal purposes; not to commit any acts of infringement on the Site or with respect to content on the Site; not to use the Site to engage in commercial activities; not to create or maintain a memorial pages for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a memorial pages, or other material. not to attempt to gain unauthorized access to other computer systems from or through the Site; not to interfere with another person’s use and enjoyment of the Site or another entity’s use an enjoyment of the Site; not to use the Site for chain letters junk mail, spamming, or use of distribution lists; not to upload or transmit viruses or other harmful, disruptive or destructive files; not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites. C. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy. |
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Nature of User Material. Some of the services offered by Remembered.com on this Site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for a memorial pages. Memorial pages may be created for human relatives and / or pets and other living creatures but must adhere to content guidelines. You agree not to Submit any Material that: contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; alleges, suggests, informs, or proclaims the death of any living creature while they are still living; unfairly interferes with any third party's uninterrupted use and enjoyment of this Site; advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; harms or is inappropriate for minors to view; links to any commercial or other website; exceeds 10 minutes in length or duration when played on the Site; is not otherwise in compliance with these Terms of Use. B. User Representations and Warranties. Each time you Submit Material to this Site, you represent and warrant that you have the right to Submit the Material to this Site, which means: you are the author of the Material, or you have express permission from the copyright owner to post the Material on this Site; and you have the right to grant Remembered.com the license set out in these Terms of Use; and the Material you Submit does not violate these Terms of Use. C. User License Grant to Remembered.com . You grant Remembered.com, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Remembered.com in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Remembered.com to include the Material you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant Remembered.com and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Remembered.com the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. Remembered.com does not claim ownership of Material you Submit to the Site. D. Disclaimer of Responsibility for Material. You acknowledge and agree that Remembered.com does not control the Material submitted to memorial pagess, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. Remembered.com specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any memorial pages, or other Material. In addition, Remembered.com does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. Remembered.com assumes no responsibility or liability for any errors or omissions in the content of this Site. E. Review, Removal and Change of Status of Material. Remembered.com reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submitted Material, memorial pagess or any Material that Remembered.com believes, in its absolute and sole discretion, may violate any of the aforementioned sections. Remembered.com also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any photos, memorial pagess or Material on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. Remembered.com also reserves the right (at any time and without prior notice) to change the status of a memorial pages from public access to private access upon complaint by a third party for any reason, in Remembered.com’s sole and absolute discretion. In cases in which payment has been made for a memorial pages that has been removed or altered for reasons other than a breach of 2(A), 2 (B), 3(A) or 3(B) above, Remembered.com, will issue a full refund. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by this Site infringes your copyright, you (or your agent) may send Remembered.com a notice requesting that the Site content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Remembered.com to locate the content or Material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to Remembered.com, P.O. Box Sandy UT 84092, Contact Us. Remembered.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer F. Proprietary Rights. You acknowledge and agree that this Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms and Conditions of Use without advance, written permission of Remembered.com. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site are ©2009-2010 Remembered.com, all rights reserved. |
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Remembered.com reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and services relating to memorial pages, and other services provided by Remembered.com |
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You agree to indemnify and hold Remembered.com, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by anyone in connection with your use of this Site, with Material or Information you Submit on or through this Site, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Use, and any other acts or omissions relating to this Site. |
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THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY REMEMBERED.COM, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMEMBERED.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. |
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A. IN NO EVENT SHALL REMEMBERED.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF REMEMBERED.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. REMEMBERED.COM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. REMEMBERED.COM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL REMEMBERED.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO REMEMBERED.COM , IF ANY, OR (B) $99 (WHICHEVER IS LESS). B. YOU AND REMEMBERED.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND Remembered.com AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. C. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE. |
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8. Cancellation, Termination, Transfer, and Expiration of Account/ Services |
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You may cancel or terminate your password, account and/or use of any service provided on or through this Site, with or without cause at any time, upon providing written notice to Remembered.com. If you cancel or terminate your account or any services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or service immediately ceases. Your notice to Remembered.com of cancellation or termination must be sent via email or conventional mail to Remembered.com’s address as set forth in these Terms of Use. Remembered.com, in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any services provided on or through this Site for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Remembered.com’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Remembered.com’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Site about another’s right to establish, use, or maintain an account or service on the Site, Remembered.com reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation. Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Site, you will have no right to any Material or Information you Submitted, and Remembered.com may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein including but not limited to any memorial pages. Remembered.com accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any service on the Site, will be terminated at Remembered.com’s discretion. You agree that Remembered.com shall not be liable to you or any third-party for any termination of your access to any service. Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason), there shall be no refund of money you paid to Remembered.com Remembered.com does not screen and is not otherwise obligated to screen Material posted to a memorial pages. Remembered.com reserves the right, however, to remove any Material posted to a memorial pages if said Material does not otherwise comport with these Terms of Use. |
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Remembered.com offers a 30 day unconditional money back guarantee for any memorial created. The guarantee is good for 30 days after payment has been processed. Refunds will ONLY be issued to the credit card used at the time of payment. No cash refunds will be to given. |
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The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site. Pursuant to 47 U.S.C. Section 230 et seq., as amended, Remembered.com hereby notifies you that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting material that is harmful to Minors. |
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Some services offered on the Site (such as the creation of a memorial pages) may require you to register and/or create an account with Remembered.com. During this process, you must select an account designation and password and provide certain personal information to Remembered.com, including a valid email address. In consideration of the use of Remembered.com’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Remembered.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Remembered.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Remembered.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Remembered.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password. |
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As a courtesy to you, this Site may offer links to other websites. Remembered.com is not responsible for the contents of any website pages created and maintained by organizations independent of Remembered.com. Visiting any such third-party website pages is at your own risk. Remembered.com has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Remembered.com. By using this Site you acknowledge that Remembered.com is responsible neither for the availability of, nor the content located on or through any third-party website pages. |
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You acknowledge that these Terms and Conditions of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this Site and receipt or use of data, content, products, services, Material and Information available at or through this Site, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content. |
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Remembered.com is a registered trademark of Lighthouse Investments LLC. Such trademarks and other marks, logos, and names of Remembered.com, used on or in connection with this Site may not be used in connection with any product or service that is not under Remembered.com’s or a registered affiliate’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Remembered.com All other trademarks not owned by Remembered.com or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Remembered.com or its affiliates. |
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If you elect to download or access any third party software that Remembered.com may make available in connection with the Site, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the services provided on the Site does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the Site you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software. |
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If you elect to download or access any third party software that Remembered.com may make available in connection with the Site, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the services provided on the Site does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the Site you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software. |
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Enforceability. If any portion of these Terms and Conditions of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions of Use shall continue to be enforceable and valid according to terms contained herein. Entire Agreement.Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the Site, these Terms of Use, which hereby incorporate by reference the terms of Remembered.com’s Privacy Policy, constitute the entire agreement between you and Remembered.com, superseding all prior agreements regarding this Site. No Waiver.The failure of Remembered.com to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms and Conditions of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes. Headings & Construction. The section titles in the Terms and Conditions of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms and Conditions of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party. For purposes of providing notice of cancellation or termination, contact Remembered.com at Remembered.com Inc, PO Box 900578, Sandy Utah 84090, USA Again, we advise that when using the site, you comply with our terms and conditions in conjunction our Privacy Policy |
