Life Recorded Limited web site is provided to you ("User") under the terms and conditions detailed in this document ("Terms of Use"). The Terms of Use comprises the entire agreement between User and life recorded limited, and supersedes all prior agreements between the parties regarding the subject matter contained herein.
Each reference to "use of the website" herein means to view website content and/or to establish, edit and maintain private memory plot by users of the website.
By using the website and/or creating a memory plot, you are indicating your agreement to be bound by all of the following terms and conditions.
2. Description of serviceLife Recorded Limited hosts and operates a memory store website created in memory of individuals who have passed away. All of these memory plots are created by the users of Life Recorded Limited, who are not affiliated or related in any way to Life Recorded Limited.
Some of Life Recorded Limited services will be free of charge; others may cost money or have other requirements.
3. Modifications to serviceLife Recorded Limited reserves the right to modify the service, including (and not limited to) its features, its look & areas, its behaviour and its functional elements.
4. Privacy policyAll information entered into Life Recorded Limited by its Users is considered public, with the exception of the User contact information which is considered private unless explicitly set otherwise by the User.
Life Recorded Limited will not disclose User's e-mail contact information to any third party and will also not monitor, edit, or disclose the contents of such information, unless:
1. it was required to do so by law or
2. in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Life Recorded Limited; (b) protect and defend the rights or property of Life Recorded Limited; or (c) act under exigent circumstances to protect the personal safety of Life Recorded Limited users or the public; (d) fix or debug problems with the Life Recorded Limited software/service.
3. The User has violated a significant term of these Terms of Use. The operators of the website make reasonable efforts under the circumstances to protect User information and the User's privacy. Still, because of the nature of the network, it is not possible to guarantee complete protection of that information. Accordingly, the User frees the operators of the website from any responsibility for any damage or injury whether direct or indirect, financial or other, that will be caused to the user as the result of disclosure of this information, regardless of the reason for the disclosure.
5a. Content ownershipThe user grants the operators of the website the right to make use of all of the content which was uploaded by him, including their distribution and publication.
5b. Content responsibilityUser acknowledges and agrees that Life Recorded Limited neither endorses the contents of any of the memory plot nor assumes responsibility for any of it's content.
The operators of the website retain for themselves the right, solely at their discretion, to erase, edit or omit content that is not in keeping with the purpose of using this website. The operators of the website's decision to do so is not to be construed as accepting responsibility for the content appearing on the website which was not placed there by them.
6. User account, password, and securityOnce a user creates a memory plot, he/she shall receive a password for editing and managing the plot. He/she is entirely responsible if he/she does not maintain the confidentiality of his/her password and account. Furthermore, he/she is entirely responsible for any and all activities which occur under his/her account.
User agrees to immediately notify Life Recorded Limited of any unauthorized use of User's account or any other breach of security known to User.
7. Disclaimer of warrantiesUSER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LIFE RECORDED LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIFE RECORDED LIMITED MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. StorageLife Recorded Limited assumes no responsibility for the deletion of or failure to store information in Life Recorded Limited memory store websites.
9. User conductUser is solely responsible for the contents of his or her memory plot. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
User agrees:
1. to comply with UK data protection law regarding the transmission of technical data exported from the United Kingdom and United States through the Service;
2. not to use the Service for illegal purposes;
3. not to interfere or disrupt networks connected to the Service;
4. to comply with all regulations, policies and procedures of networks connected to the Service.
5. not to upload, store or distribute content belonging to one or more of the types enumerated below via the website:
- Illegal content and/or content designated for carrying out illegal activity.
- Content which injures the operations of the website and/or users of the website.
- Content of a libelous, harassing, inciting, or insulting nature.
- Content containing viruses and software likely to be damaging.
- Content of an advertising and/or commercial nature.
- Content infringing on or harming copyrights.
- Content contradicting the Prohibition Against Defamation Law and/or the Privacy Protection Law.
- Junk-mail (spamming) for which the recipient has no use and from which receives no benefit.
7. not to use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
8. not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature.
9. not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
10. not to attempt to gain unauthorized access to other computer systems.
11. not to interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Life Recorded Limited may, at its sole discretion, immediately terminate Service should User's conduct fail to conform to these terms and conditions of the Terms of Use.
10. TerminationEither User or Life Recorded Limited may terminate the Service with or without cause at any time and effective immediately. Life Recorded Limited shall not be liable to User or any third party for termination of Service. Nevertheless, if service is terminated by Life Recorded Limited, any payment made by the User for hosting a memory plot will be refunded, provided that: (a) the Service wasn't terminated due to the User violation of the Terms of Use; and (b) three years did not pass from the day the payment was made until the time the Service was terminated.
Should User object to any terms and conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Life Recorded Limited will have no obligation thereafter to deliver the user any of the content from the memory store websites.
11. NoticeAll notices to a party shall be in writing and shall be made either via email or conventional mail. Life Recorded Limited may broadcast notices or messages through the Service to inform User of changes to the Terms of Use, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
12. Proprietary rights to contentUser acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so.