Terms of Service
Updated:November 10, 2010
Users under Age 13
The Website is not intended for use by individuals under 13 years of age. If you are under 13 years of age, you may not use the Website.
The Website as a whole, as well as all elements contained on or comprising the Website (other than as described in the section below entitled User Information) including, without limitation, the text, Website design, logos, graphics, icons, images, illustrations, photographs, digital material, video clips, audio signals, and music files, as well as the selection, assembly, arrangement, and "look and feel" thereof are the sole property of Respectance or its licensors, and are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. All software used in the Website is the property of Respectance or its licensors, and such software is also protected by U.S. and international copyright laws.
Respectance grants you a limited, nonexclusive, nontransferable license to access and use the Website and the contents for purposes of general browsing, setting up personalized webpages, sponsoring an account, posting, editing and deleting information, uploading, editing and deleting photographs, image files and video files, uploading and downloading music files, creating slideshows, and/or conducting business with Respectance or third-party vendors. In addition, permission is granted to electronically display and electronically copy and print hard copy portions of the Website for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the Website is strictly prohibited.
The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Website are owned by Respectance or third parties who have authorized their use. Without limiting the foregoing, the Respectance wordmark, the lily device, and "Respectance Share Your Memories" are trademarks of Respectance.
Limitations on Use
You further agree not to submit any information or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the Website or any products or services available on the Website, other accounts, computer systems or networks connected to the Website through hacking, password mining, the impersonation of others, the unauthorized use of another's user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the Website or the content contained herein without Respectance's express prior written permission.
You agree that you are the sole owner and creator (or otherwise possess all rights necessary to make the grant of rights described herein) of the text, photographs, pictures, likenesses, digital materials, image files, video files, music, audio clips, and any other information or materials of whatever nature submitted or posted by you on the Website (the "User Information").
You represent and warrant that the User Information (together with all identifying information you submit to the Website regarding yourself or others, including, without limitation, your or their name, email address and other contact information) is true, accurate and complete in all respects. The User Information, and the publication or other use of the User Information by Respectance on the Website or as described in the next paragraph,
- does not and will not infringe any intellectual property, privacy, or publicity rights of a third party;
- is not and will not be obscene, vulgar, profane, defamatory, threatening, harmful, harassing, abusive, hateful, or embarrassing to a third party;
- does not and will not violate any law;
- does not and will not constitute or contain false or misleading indications of origin or statements of fact; and
- does not and will not constitute advertising or solicitation of business.
You grant to Respectance a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, reproduce, display, license, sublicense, distribute, transmit, edit, and modify the User Information on the homepage of the Website and in any advertising, marketing, or promotions by or on behalf of Respectance of the Website or the services provided by or made available through the Website, including in any print media, television, motion pictures, the Internet, and in any other media now known or that may be developed in the future (collectively, "Media"). The license granted in the above sentence survives your death or incapacity.
You acknowledge that the User Information may be used by Respectance in whole or in part, provided the general sense of the User Information is not changed. However, you understand that Respectance is not obligated to use the User Information in any Media.
If you are not the owner of the Website account, you acknowledge that the owner of the Website account may delete, for any or no reason, User Information (or any portion thereof) submitted or posted to that account by you or by anyone else.
Disclaimer of Warranty
THE WEBSITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, Respectance EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, IN NO EVENT SHALL Respectance, ITS SUBSIDIARIES, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES) EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE, ITS CONTENTS, INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, AND/OR ANY PRODUCTS OR SERVICES AVAILABLE AT THE WEBSITE.
You agree to indemnify, defend, and hold harmless Respectance, its subsidiaries, and its affiliates, and their respective officers, directors, employees, agents, shareholders, representatives, suppliers, and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from
- your use of the Website,
- User Information and any other communications you submit to us, or
- any activity related to your account with Respectance (including negligent or wrongful conduct) by you or any other person accessing the Website using your account, Respectance Website user name or account password.
Third Party Links and Frames
Respectance may provide links to websites operated by third parties. Respectance makes no representations whatsoever about any third party websites that you may access through the Website. Respectance is not responsible for the privacy practices, content or operation of such websites. Respectance prohibits the framing of any materials available through the Website. Respectance reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to the Website. You may not use the Website or any services available at the Website on or in connection with any other website.
Communications with Respectance
Applicable Law; Miscellaneous Legal Matters
Changes to the Website; Termination
Respectance reserves the right to change or discontinue, temporarily or permanently, the Website, and those products and services available at the Website, including but not limited to revising or deleting features or other information without prior notice to you. You agree that Respectance shall not be liable to you for any modification, suspension, discontinuance or deletion of the Website, any elements comprising the Website or any products or services available on the Website. Respectance reserves the right, at its sole discretion, immediately and without notice to you, to limit, restrict, suspend or terminate your account and/or your ability to access the Website (or any portion thereof) and the products and services available on the Website, for any or no reason.
Notices of claimed infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information in writing to Respectance's Copyright Agent named below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Respectance's Copyright Agent for notice of claims of copyright infringement can be reached by email at email@example.com sent, in each instance, to the attention of Copyright Agent.
Remember & Celebrate
Create the perfect online tribute
- Quick and easy setup
- Customize with backgrounds, colors, banners and music
- Share memories and condolences
- Monitor all visitor activity
- Select full privacy controls
With a Respectance memorial website, it's easy to remember and celebrate the lives of loved ones.