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Terms of Service:
1. GENERAL AGREEMENT
Welcome to AlwaysMemories.com, hereinafter referred to as "The Company".
Our website, alwaysmemories.com ("The Site") and all use of it are governed by the following Terms of
Service ("TOS"). You agree that The Company is not liable for any loss
or damage arising from your failure to comply with the TOS. You further
agree that The Company shall have the right to alter or amend the TOS or
any other guidelines or policies at any time, with or without advance
notice to you.
2. DESCRIPTION OF SERVICE
The Company provides users with access to on-line resources, including
virtual memorial services, communications tools, purchasing services, and
personalized content (the "Service"). Any new Service features shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that The Company assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user
communications or personalization settings. To use the Service, you
must obtain access to the World Wide Web, pay any service fees for such
access, and provide all equipment necessary to make such connection.
3. REGISTRATION & PRIVACY
Registration is required for creating virtual memorials, but not to view
memorials. All information entered by users of The Site is subject
to our Privacy Policy, viewable at http://www.alwaysmemories.com.
4. SECURITY
When you register, you choose a username and password. Please
keep your password confidential at all times, because you are
responsible for all activities that occur under your password or
account. Please notify us immediately of any unauthorized use of your
password or account or any other breach of security. Be sure to
"log out" of your
account at the end of each session.
5. USE
The Service is intended for use only as provided in your Service
Agreement. You agree not to use the Service for commercial purposes.
You are responsible for all data, text, photographs, graphics, messages
or other materials ("Content") that you post, transmit or otherwise make
available (“deliver”) to the Service. The Company does not control the
Content delivered to the Service and does not guarantee or make any
representations regarding the accuracy, integrity or quality of such
Content. You agree that The Company is not liable in any way for any
Content or for any loss or damage of any kind incurred as a result of
the use of Content delivered to the Service.
You further agree that you will not use the Service:
a. To deliver Content that is or may be deemed abusive, defamatory,
hateful, obscene, prejudiced, threatening, vulgar or otherwise
objectionable;
b. To deliver Content that contains software viruses or any other
code, files or programs designed to damage or disrupt any software,
hardware or telecommunications equipment;
c. To interfere with or disrupt the Service or servers or networks
connected to the Service;
d. To attempt to modify, alter, recreate or otherwise use the The
Company website or the Service for any purpose other than as
specifically permitted by your Service Agreement;
e. To collect or store personal data about other users;
f. To violate any applicable law or regulations;
g. To deliver Content that any law or other obligation prohibits you
from delivering;
h. To harm or harass any person or entity.
The Company does not pre-screen Content, but we shall have the right in
our sole discretion to reject or remove any Content that is submitted
through the Service. You agree to evaluate and bear all risks
associated with the use of any Content. You further agree to comply
with all applicable laws of the country, state or province, and locality
in which you reside regarding online conduct, acceptable Content and the
transmission of technical data.
You acknowledge and agree that The Company may preserve Content.
Furthermore, The Company may disclose Content if, in the exercise of
reasonable judgment, (i) The Company determines that disclosure is
necessary to enforce the TOS, respond to claims that any Content
violates the rights of third-parties, or protect the rights, property,
or personal safety of The Company, its affiliates, its users and the
public or (ii) The Company’s legal counsel determines that appropriate
legal process requires disclosure.
6. NO REPRODUCTION OR PUBLICATION
Images, text, or other information posted or found on The Site
are solely for the use of users who agree to abide by The Company's
Terms of Service and privacy policy, and may not be used, reproduced, or
published for any purpose, commercial or otherwise, without the express
written permission of The Company and the owner of the images, text,
or other information.
7. STORAGE
You acknowledge that The Company may establish general practices and
limits concerning use of the Service, including without limitation the
number of days that memorial postings or other uploaded Content will be
retained, the size of any message that may be posted, the disk space
that will be allotted on The Company's servers on your behalf, and the
amount of time during which you may access the Service.
8. MODIFICATIONS TO SERVICE
The Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. In addition, The Company's ability to provide the
Service is contingent upon many factors that may be out of The Company's
control, including, but not limited to, the continued availability of
the internet as it presently exists or other technologies that may be
available in the future that would allow for the continuation of such
Service in essentially the same manner as they are provided today. You
agree that The Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service for
any reason.
9. TERMINATION
You agree that The Company, in its sole discretion, may terminate your
password, account or use of the Service, and may remove and discard any
Content within the Service if The Company believes that you have
violated the terms of your Service Agreement or the letter or spirit of
the TOS. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that The Company may immediately deactivate or
delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. You
further agree that The Company shall not be liable to you or any
third-party for any termination of your access to the Service pursuant
to this Section.
10. ADVERTISERS
Your communication and interaction with advertisers found on or through
the Service are solely between you and such advertiser. You agree that
The Company is not liable for any loss or damage of any sort incurred as
the result of the acts or omissions of such advertisers.
11. LINKS
The Service may provide, or third parties may provide, links to other
World Wide websites or resources. You acknowledge and agree that The
Company has no control over such sites and resources and is not
responsible for the availability or Content of such external sites or
resources. You further acknowledge and agree that The Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
12. DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
ALWAYSMEMORIES EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
b. ALWAYSMEMORIES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN THE SERVICE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ALWAYSMEMORIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
You understand and agree that The Company is not liable for any direct,
indirect, incidental, special,
consequential or exemplary damages (even if The Company has been advised
of the possibility of such damages) resulting from: (i) your use or
inability to use the Service; (ii) unauthorized access to or alteration
of your transmissions or data; (iii) statements or conduct of any third
party on the Service; or (iv) any other matter relating to the Service.
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of Sections 12 and
13 may not apply to you.
15. TRADEMARK INFORMATION
The Company, the The Company logo and other The Company logos and
product and service names are trademarks of Always Memories. You
agree not to display or use in any manner any of these without our prior
written permission.
16. INDEMNITY
You agree to indemnify, defend, and hold The Company, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim, demand or loss made by
any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your
violation of the rights of any other person or entity.
17. COPYRIGHTS AND COPYRIGHT AGENTS
The Company respects the intellectual property of others and expects our
users to do the same. If you believe that your work has been copied and
posted on our Service in a way that constitutes copyright infringement,
please provide The Company's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been
infringed;
c. the location on the The Company website of the allegedly infringing
material;
d. your address, telephone number, and email address;
e. a statement that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
f. a statement, made under penalty of perjury, that the information in
your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for Notice of claims of copyright
infringement on its site can be reached by email at info@alwaysmemories.com.
18. FRAUDULENT AND TAMPERED PURCHASES
If we label an order as fraudulent or tampered, the memorial will not be viewable
and no money will be refunded. There are absolutely no exceptions to this rule. We
have a zero tolerance policy concerning these unacceptable orders.
19. GENERAL INFORMATION
The TOS, your Service Agreement, and the relationship between you and
The Company shall be governed by the laws of the State of Ohio
without regard to its conflict of law provisions. The failure of The
Company to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties agree that the court should try to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
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