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;
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
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.