- Membership
Eligibility.
Our services are not available to, and may not be used by, persons under
the age of 18 years or to temporarily or indefinitely suspended
CherishedMemory members. If you are under 18 years old, you can use this
service only in conjunction with and under the supervision of a parent
or guardian. If you do not qualify, please do not use our services. If
you are registering as a business entity, you represent that you have
the authority to bind that entity to this User Agreement.
- User Name.
You must choose a User Name and password on completion of registration.
You are responsible for all actions taken under that User Name and password
and shall only use or utilise the Site using your own User Name and
password. You must use every effort to keep your password safe and
should not disclose it to any other person. You shall not transfer or
sell your User Name to any other person. You shall also not permit,
either directly or indirectly, any other person to utilise your User
Name or password.
- Identity
verification.
We use many techniques to verify the accuracy of the
information our users provide to us when they register on the Site.
However, because user verification on the Internet is difficult,
CherishedMemory cannot and does not confirm the purported identity of
users or the validity of the information which users post to the Site.
- Tributes.
You must not take any actions that may undermine
the integrity of the Tributes system. We may limit the number of
tributes you may place on the Site and your other activities on the Site
based upon the Tributes received.
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5.1 Liability In the event that you have any right, claim or action
against any other user arising from that user's use of the Site, you
agree to pursue such right, claim or action independently of and without
recourse to us, and you release CherishedMemory (and our parent,
subsidiaries, affiliates, officers, directors, agents and employees)
from all claims, liability, damages, losses, costs and expenses,
including legal fees, known and unknown, arising from or in any way
connected with such right, claim or action.
5.2 Information Control We do not control the information
provided by other users which is made available through the Site. You
may find other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there are also risks of
dealing with underage persons or people acting under false pretences. By
using this Site, you agree to accept such risks and agree that
CherishedMemory is not responsible for the acts or omissions of users on
the Site.
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6.1 Fraud Without limiting any other remedies, we may suspend or
terminate your account if we suspect that you have engaged or are about
to engage in, or have been in any way involved in or linked to,
fraudulent activity in connection with the Site.
6.2 Manipulation You must not manipulate or interfere with other
user's tributes or memorial(s).
- Fees.
Joining CherishedMemory and adding tributes is free, although you will
remain responsible for the costs of accessing our Site and communicating
with our users. We charge fees for upgrading memorials which you have an
opportunity to review and accept the fees that you will be charged.
Unless otherwise stated, all fees are payable in GB Pounds sterling.
Whether you are a business or not, value added tax and other taxes may
apply to your transaction. You agree that we may issue you with invoices
in electronic format by email.
- Your Information.
8.1 Definition "Your Information" is defined as any
information you provide to us or other users in relation to the CherishedMemory
service including the registration, tributes and any other content that
you post within the Site. You are solely responsible for Your
Information, and we act as a mere conduit for your online distribution
and publication of Your Information.
8.2 Restrictions Your Information and your activities on our Site
must not:
- be false,
inaccurate or misleading;
- be offensive or
menacing, abusive, defamatory, or in breach of copyright, confidence,
privacy or any other rights;
- infringe any third
party's copyright, patent, trade mark, trade secret or other
proprietary rights or rights of publicity or privacy;
- be in breach of any
applicable laws or regulations (including, but not limited to, laws
governing export control, consumer protection, unfair competition,
anti-discrimination, false advertising);
- be obscene,
indecent or contain child pornography;
- create liability
for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers;
- contain any
computer viruses, macro viruses, trojan horses, worms or anything else
designed to interfere with, interrupt or disrupt the normal operating
procedures of a computer or to surreptitiously intercept, access
without authority or expropriate any system, data or personal
information;
- cause the Site to
be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Site is in any way impaired.
8.3 Licence To enable CherishedMemory to use Your Information, you
grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) licence to exercise the copyright,
trade mark, publicity, and database rights you have in Your Information, in
any media now known or not currently known. You also waive all moral rights
you have in Your Information to the fullest extent permitted by law.
8.4 Access and Interference The Site contains robot exclusion
headers. Much of the information on the Site is updated on a real time basis
and is proprietary or is licensed to CherishedMemory by our users or third
parties. You agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission. Additionally, you agree that you will not: (i)
take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (ii)
copy, reproduce, modify, create derivative works from, distribute or publicly
display any content (except for Your Information) from the Site without the
prior expressed written permission of CherishedMemory and the appropriate
third party, as applicable; (iii) interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site;
or (iv) bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Site. We do not authorise you to
extract or re-utilise substantial parts of our Site, or to make systematic
and repeated extractions or re-utilisations of insubstantial parts of our
Site.
By accepting this User Agreement, you agree that, with respect to other
users' personally identifiable information that you obtain through the Site
you may only use such information for: (a) CherishedMemory -related
communications that are not unsolicited commercial messages, (b) using
services offered through CherishedMemory, and (c) any other purpose
that such user expressly agrees to after adequate disclosure of the
purpose(s). In addition, you shall only use such information in accordance
with applicable laws and regulations, including without limitation data
protection and privacy laws. In all cases, you must give users an opportunity
to remove themselves from your database and a chance to review what
information you have collected about them. In addition, under no
circumstances, except as defined in this Section, can you disclose personally
identifiable information about another user to any third party without our
consent and the consent of such other user after adequate disclosure.
CherishedMemory and our users do not tolerate spam or
unsolicited commercial communications. Therefore, without limiting the
foregoing, you shall not add an CherishedMemory employee or an
CherishedMemory user, to your mail list (email or physical mail) without
their express written consent after adequate disclosure.
8.5 Use of Email Tools You may not use the Email
other people service, or other email forwarding services that we offer, to
send spam or otherwise send content that would violate our User Agreement. We
do not permanently store the email messages or the email addresses.
- Breach.
Without limiting our other remedies, we may limit your activity on the
Site, immediately issue a warning, suspend or terminate your user
registration or any of your item listings and refuse to provide our
services to you without notice to you: (a) if you breach this User
Agreement or the documents incorporated by reference; (b) if, despite
our reasonable endeavours, we are unable to verify or authenticate any
information you provide to us; or (c) if we believe that your actions
may cause us financial loss or legal liability.
- No Warranty.
We (and our parent, subsidiaries, affiliates, officers,
directors, agents and employees) do not guarantee continuous,
uninterrupted or secure access to our services, and operation of the
Site may be interfered with by numerous factors outside of our control.
Our website and our services are provided "as is" and as and
when available, and to the extent permissible by law we exclude all
implied warranties, conditions or other terms, whether implied by
statute or otherwise, including without limitation any terms as to skill
and care or timeliness of performance. Some jurisdictions do not
allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you.
- Limitation of
Liability.
Nothing in this User Agreement shall limit or exclude our liability for
fraudulent misrepresentation, or for death or personal injury resulting from
our negligence or the negligence of our, agents or employees. Subject to
the foregoing, we (including our parent, subsidiaries,
affiliates, officers, directors, agents and employees) will not be
liable for any economic losses (including, without limitation, loss of
revenues, profits, contracts, business or anticipated savings), any loss
of goodwill or reputation, or any special, indirect or consequential
damages (however arising, including negligence) arising out of or in
connection with this User Agreement. Some jurisdictions do not allow
the exclusion of incidental or consequential damages, so the above
exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors,
agents and employees) also have no liability of any sort (including
liability for negligence) for the acts or omissions of other providers
of telecommunications services or for faults in or failures of their
networks and equipment.
Our liability to you or any third party, and the liability of our parent,
subsidiaries, affiliates, officers, directors, agents and employees, in
any circumstance is limited to the greater of (a) the total fees you
have paid to us in relation to the listing or other service offered
giving rise to liability, and (b) £100.
- Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable legal fees, made
by any third party due to or arising out of your breach of this User
Agreement (including the documents incorporated by reference), or your
violation of any law or the rights of a third party.
- Governing Law and
Legal Compliance.
This User Agreement shall be governed by and construed in accordance
with English law and subject to the exclusive jurisdiction of the
English courts.
- General.
If any provision of this User Agreement is held to be invalid or
unenforceable, such provision shall be struck out and the remaining
provisions shall be enforceable. You agree that this User Agreement and
all incorporated agreements may be automatically assigned by
CherishedMemory, in our sole discretion, to a third party in the event
of a merger or acquisition or any other event. You and CherishedMemory
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or
created by this User Agreement. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of
such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. This User Agreement sets forth the entire
understanding and agreement between us with respect to its subject
matter. No oral explanation or oral information given by any party shall
alter the interpretation of this User Agreement.
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