Terms & Conditions
Effective May 28, 2017
1. Acceptance of Terms
3. Description of Service
Memorial Planning may offer to provide certain services and content which shall include, but not be limited to, any service Memorial Planning performs for you, as well as the offering of any content displayed, transmitted or performed on or through the Services (including, but not limited to content, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips (together, the “Content”). Memorial Planning may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any service, feature, or Content, with or without notice to you. Memorial Planning may also impose limits on certain features, services, or Content or restrict your access to parts or all of the Services with or without notice to you.
4. Services Account
In order for you to take advantage of certain Services, we may require you to complete a registration form and create a user account (“Services Account”). Members of Memorial Planning may be able to access and utilize certain Services not available to others non-members via their Services Account. Non-members may be able to access and utilize certain Services only by establishing a Services Account. Non-members may not have access to the same set of Services as members.
If you establish or utilize a Services Account, you are responsible for maintaining the confidentiality of your Services Account and any login information and password that may be established. By establishing a Services Account, you agree to accept responsibility for all activities that occur on or through the Services under and through your Services Account. Memorial Planning reserves the right, in its sole discretion, to refuse service or terminate your Services Account at any time and for any reason.
5. User Conduct
1 to abuse, harass, threaten, impersonate, or intimidate others;
2 to post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Memorial Planning or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Memorial Planning in its sole discretion;
3 for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
4 to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services user;
5 to create or submit unwanted email (“Spam”) to any other person or any URL;
6 to submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
7 with the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission
8 to take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9 to interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
10 to bypass any measures we may use to prevent or restrict access to the Services or any part of the Services, including creating multiple Services Accounts or screen names for an individual Services user;
11 interfere with the operation of the Services or any user’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
12 share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Services Account, login information, or password, or otherwise permit any other person to access the Services using your Services Account, login information, or password.
13 use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
14 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property or other legal rights;
15 reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part;
16 interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
17 perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information;
18 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
8. Warranty Disclaimers
You acknowledge that Memorial Planning has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the content on the Services may have on you; how you may interpret or use the content on the Services; or what actions you may take as a result of having been exposed to the content on the Services. You release Memorial Planning from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Memorial Planning makes no representations concerning any content contained in or accessed through the Services, and Memorial Planning will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Memorial Planning makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Memorial Planning cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. Memorial Planning makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services. USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MEMORIAL PLANNING NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MEMORIAL PLANNING, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Memorial Planning IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL MEMORIAL PLANNING OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MEMORIAL PLANNING OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. IN NO EVENT SHALL Memorial Planning BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.
9. Limitation of Liability
IN NO EVENT SHALL MEMORIAL PLANNING OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Email Notification
As part of your use of the Services, you may be asked to elect to receive email notifications from Memorial Planning or its partners. These messages may include event updates and/or promotions. Your election to receive such messages represents your express written consent to receiving email messages from Memorial Planning related to the Services.
You may opt-out of receiving further notifications in association with the Services by completing the opt-out process provided to you with each email message, or by logging into your Services Account and modifying your settings to no longer receive further messages. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you.
By electing to receive notifications, you assume the financial responsibilities associated with the sending and receiving messages to and from Memorial Planning in association with the Services. Message frequency may vary. Memorial Planning has no responsibility or liability in respect of any messaging fees, data charges or other charges charged by your mobile carrier or for any other loss or damage which may be caused by your use of the Services. Furthermore, Memorial Planning is not liable for any delays or failures in the receipt of any messages sent to or from you in connection with the Services. Delivery of such messages depends on effective transmission by your mobile carrier. We provide the notification service element of the Services on an "as is" basis. You agree you are solely responsible for providing and maintaining all equipment necessary to access and use the Services, including any mobile devices, computer equipment, remote communications equipment, or other equipment as required.
By using the Services, you consent to receive from Memorial Planning all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. Memorial Planning may provide such Notices by posting them on the Services or by otherwise sending or communicating them to you. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Services. Memorial Planning may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
11. Content Ownership and Usage Rights
All content, software, copyrights, trademarks, trade dress, and other intellectual properties comprising or included within the Services are owned by Memorial Planning or its third party licensors (the “Property”). Your use of the Services does not grant you any rights to the use or control of any of the Property, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Property, including by caching, framing or any similar means, without the prior written consent of Memorial Planning is strictly prohibited.
Memorial Planning is not the publisher or speaker of any information on the Services that is provided by third party content providers, and Memorial Planning is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Memorial Planning. Memorial Planning assumes no responsibility for those products or services.
User Generated Content:
The Services may allow users to submit photographs, videos, text, and other content (“Submissions”), and to share Submissions with others. Please note that by creating, submitting, or posting any Submissions on or within the Services in any form whatsoever, you hereby:
1 grant Memorial Planning, its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees and other such parties as Memorial Planning may designate from time to time, which may include any or all other users of the Services, a royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, reproduce, copy, modify, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, commercialize, edit, create derivative works from, translate and reformat your Submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed; to publish or withhold your name in connection with your Submissions, at Memorial Planning’s option, and waive any moral rights with respect to any such Submission. You also waive any moral rights you may have in the Submissions in favor of Memorial Planning, its licensees and sub-licensees, if any. You acknowledge that this license cannot be terminated and the waiver cannot be revoked by you once the Submission is submitted to the Services;
2 represent and warrant that you own or have secured all legal rights necessary for the submission of any Submissions to be used on the Services by you and others as described in this Agreement;
3 represent and warrant that any persons identified, depicted, or shown in your Submissions, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Submissions on and through the Services; and
4 represent and warrant that your Submissions do not violate any laws or otherwise infringe any rights of others.
12. Linking and Framing
Memorial Planning grants you a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Services so long as the link does not portray Memorial Planning or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Memorial Planning’s logo or other proprietary graphic or trademark as part of the link without express written permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of Memorial Planning.
The Services may provide links to other sites or resources. Because Memorial Planning has no control over such sites and resources, you acknowledge and agree that Memorial Planning is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Memorial Planning 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.
13. DMCA and Notice and Procedure for Making Claims of Copyright Infringement
Memorial Planning respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the services who are infringers.
Notifying Memorial Planning of Copyright Infringement: To provide Memorial Planning with notice of an infringement, you must provide a written communication to the attention of “Memorial Planning: DMCA Notification Department” at firstname.lastname@example.org that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
3 a detailed description of where the material that you claim is infringing is located or found on the Services;
4 your address, telephone number, and email address;
5 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
6 a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing Memorial Planning with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Memorial Planning: DMCA Counter Notification Department” at email@example.com that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512 ). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
14. Trademarks and Trade Names
All trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, and copyrighted works associated with the Services are common law and/or registered copyrights, trademarks, and/or trade dress owned by Memorial Planning or is partners ( “Memorial Planning IP”). Memorial Planning IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in Memorial Planning IP, including use of any Memorial Planning IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
Users are prohibited from violating or attempting to violate the security of the Services. Memorial Planning will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Memorial Planning may terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund for any reason we deem appropriate in our sole and absolute discretion if you fail to comply with any term or condition of this Agreement. Upon such termination or suspension, you must immediately cease accessing or using the Services and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
You acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify or deny your ability to access the Services. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.