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Privacy, Terms and Conditions | Memorial

Privacy, Terms and Conditions

You agree that this Privacy & Terms of Use is a binding contract between You (“User”, “Customer”, “Viewer”, “Publisher”) and Memorial where you agree to all items in this Privacy & Terms of Use.

Memorial (the “Website”, “Site”, “Service”, “We”, “Company”, “Our”, “Us”) takes your privacy very seriously. We do not sell any of your information to third parties for any reason whatsoever. All information you enter on the Website is held in strict confidence in an encrypted database with the highest degree of security. If you feel like anyone has broken this strict code of ethics please contact us at support@creatememorial.com.

The Memorial Service is offered as is. In no way is Memorial held responsible for typos, omissions, errors, bugs or faults in the website. In no event is Memorial liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss whatsoever whether in an action under contract, negligence, or any other theory with any manner arising out of or in connection with the use, inability to use or performance of the Service. Memorial assumes no responsibility and shall not be liable for any damanges 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 the Service. Memorial assumes no repsonsibility or liability in any manner arising out of or in connection with any information, content, products, or Material availabe on or through the Service as well as any third party website pages or additional website links to or from the Service, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. By using Memorial to publish, view or share an obituary you agree to indemnify and hold Memorial, its parents, subsidiaries, affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including all attorneys’ fees, made by anyone in connection with your use of the Services, with Material or information you submit on or through the Service, with any alleged infringement of intellectual property or other right of any person or entity relating to the Service, your violation of these Terms of Use, and any other acts or omissions relating to the Services.

Memorial reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Service (or any part thereof), including but not limited to the Service features, look and feel, delete or hide individual obituaries you publish, and functional elements. As a user, customer or viewer of the Website, you agree to use Memorial only for it’s intended use which is to create, publish, share, pay for and discuss, without malice, online obituaries. If you are found to be using the Website for any other reason that may cause harm or is detrimental in anwyay to other users, our Company, our Website, our partners, our investors or owners, your account will be deactivated and you will be reported to the authorities. You agree that your use of the website is subject to all applicable local, state, national and international laws and regulations.

You also agree that by posting an obituary, you are acting as power of attorney, legal gaurdian or a person representing the deceased via a family member, employer or good friend. You agree that you were given the authority in some way by the deceased that gives you the right to publish their obituary.

You agree that Our fees are non-refundable and all sales are final. You also agree that once your credit card is charged, the obituary will be published automatically. You are given the ability to edit the obituary after publication but if you or someone else decide to delete the obituary or take it off of the website, the charges will not be refunded.

You agree not to upload or transmit viruses or other harmful, disruptive or destructive files to the Website. You agree not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line. 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.

You grant Memorial, 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 (“Material” means any content you supply Us through your use of the Website) you provide to Memorial in any form, media, software, copy, text, ideas, images, movies, comments, locations or technology of any kind now existing or developed in the future(“Content”). You also authorize Memorial to include the Material you provide in a searchable or RSS format that may be accessed by users of the Service and other websites. You also grant Memorial and its affiliates 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 Memorial 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 the Service without the need for additional compensation of any sort to you.

The Service is created and controlled by Memorial in the State of New York, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Memorial makes no claims or assurances that the Service is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Service must be filed in a federal or state court located in New York, New York within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

If any portion of these Terms 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 of Use shall continue to be enforceable and valid according to terms contained herein.

Except as expressly provided in a particular “Legal Notice” or other notice on particular pages of the Service, these Terms of Use, which hereby incorporate by reference the terms of Memorial, constitute the entire agreement between you and Memorial, superseding all prior agreements regarding the Service.

The failure of Memorial to exercise or enforce any right or provision of the Terms 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 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.