Welcome to http://www.memories.com (the "Website"), an online commemoration community, owned and operated by Ohana Enterprises Inc. ("The Company", "We", "Us" and "Our").
These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDA's, etc.). These Terms further apply to the use of the Website via the Internet network or any other communication networks.
Description of the Services
The Website is a social community that connects people with their family, friends and others who wish to commemorate and honor the memory of their beloveds. By using the Website, you may open a personal profile account and create a commemoration profile, named a "Memory Haven", for a person you knew and become a memory keeper of that person ("Memory Keeper"). As a Memory Keeper, you may invite friends and family to become friends of the Memory Haven you created. All Memory Haven's friends may upload and share with each other stories, photos, videos and other content related to the deceased, like events, memorial days, favorites, TV shows, links, songs, relatives' details, etc. Such content tagged as "Shared Memories", will be disclosed to all Memory Haven's friends and other users of the Website. However, if you wish to upload and post private memories for yourself, you must tag them as "Private" and they will be available to you only. Further, at any given time, you may change the classification of certain content in the Memory Haven, from "Shared" to "Private" and vice versa.
As a Memory Keeper you may also block all other users from accessing your Memory Haven and make your Haven private so it will be disclosed to you only. At any time you will be able to cancel such blocking on your preferences and allow access to your Memory Haven to other users.
Please note that the Memory Haven storage is limited according to the storage pack the Memory Keeper has purchased upon registration. By clicking on "storage" from the Memory Haven's page, you may view the amount of used space and free space left in the storage. To increase the storage pack, each Memory Haven's friend may purchase a larger storage pack for his Memory Haven on the Website. Additional fee based services are available on the Website to all Memory Havens' friends, like representing your deceased beloveds as the "Memory of the Day" on the Website.
As part of the services, Memory Haven's friends may also send each other internal messages, emails, SMS or have an online chat through the Website.
Further, Memory Keepers may edit and/or remove and/or block access to any content shared in the Memory Haven by them or by other friends of the Memory Haven and may also block access of certain friends to the Memory Haven, all as they deem necessary. The Memory Keepers may delegate their editing power to other Memory Haven's friends, at their discretion. (All together: the "Services").
You must ensure that the content you upload and share in a Memory Haven is lawful and complying with these Terms. You are fully accountable for any consequences resulting from posting any content on the Website by using the Services.
Please note that the details you upload to your personal profile will be disclosed to all Website's users or, upon your indication, to your friends within the Memory Haven only; therefore, you must exercise caution and common sense when posting your content, especially any personally identifiable information.
Acceptable use of the Website
You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from willfully, or carelessly –
- Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Services;
- Posting false, inaccurate, misleading or inappropriate content at Our discretion;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with the Company, or in such ways that might impair or disrupt the Website's functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
- Abusing, harassing, threatening, impersonating or intimidating other users;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful content or content that its publication is prohibited, or content that encourages prohibited activity;
- posting commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
User generated content on the Website
We encourage free speech and open discussion on the Website. However, you may not upload, disseminate, transmit, make available, distribute or otherwise communicate through, or to the Website, or through or to any of the Services including therein, content which may reasonably be deemed as:
- Inappropriate or in violation of the respect for the deceased;
- Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or harmful computer code;
- Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
- Constituting defamation of a person or violating a person's right for privacy or right of publicity;
- Commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material which is not related to the Company and/or its services, unless you received Our prior consent, and subject to the terms of such consent;
- Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications ('SPAM'), chain letters or pyramid schemes;
- Misleading a consumer;
The content on the Website is not made available on Our behalf and We cannot guarantee its accuracy, credibility, authenticity, validity, integrity or legality. We do not warrant or guarantee that any content that you wish to post on the Website will be posted or that We will post it indefinitely.
We may review posted content and delete, remove or block it, or refuse to post it on the Website, without any prior notice, at Our sole discretion, for any reason that We may consider to be justified, including, without limitation –
- To prevent misuse of the Services;
- To prevent violations of the respect of the deceased;
- When We deem the content to be in breach of the Terms, or an infringement of any applicable law;
- When your user account is canceled, either by yourself or by Us;
- When pursuant to the Terms, an owner of rights in any certain content wishes it to be removed or blocked access to;
- If you upload content to a certain Service on the Website and the content is unrelated to the issues or topics of the Service or is harmful, abusive, annoying, or otherwise objectionable in Our or other users' view.
Under no circumstances will any of the above be construed as an obligation on Our part to review, or monitor users content on the Website.
Unless written otherwise, the content you upload and share in the Website will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information when sharing your content through the Services.
Registration and user account
The Website serves all Internet users which are at least 13 years old. However, certain Services, like becoming a Memory Keeper or a Memory Haven's friend, may be available to registered users only and may require the payment of applicable fees.
When you register with the Website, or while completing Our contact forms, We will ask you to provide Us with certain contact and personal details, like your full name, age, email address and password to log-in, physical address, including your country and state, cellular phone number, etc. If you wish to open a new Memory Haven and become a Memory Keeper, We may ask you to provide your payment details as well (e.g. credit card number and expiration date), as set below.
You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may prevent you from registering and impair Our ability to provide you with the Services and contact you. We will explicitly indicate the fields for mandatory completion.
You agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once in every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.
You may terminate your personal profile account at any time, by clicking on the "Edit Profile" button and then on the "Delete my Profile" button available on your profile. We may require you to verify your termination notice by sending you a termination notice to your confirmation, either by e-mail or through any other means, as a precondition for terminating your personal profile account. Your account will terminate within 10 days following your notification, and from that date of termination you will no longer be able to access your personal profile account.
As a Memory Keeper and upon termination of your personal profile account, you will be able to choose and transfer the Memory Haven you created to another friend of that Haven. If you failed to transfer the Haven within 10 days upon your account termination, We will be entitled to transfer the Haven to another friend of that Haven or to terminate that Haven, at Our sole discretion and no claim or argument shall be heard from you in this regard.
We may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. Such notification may come into effect immediately.
In addition, notwithstanding any remedies that may be available to Us under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your personal profile account, prohibit you from accessing the Website, remove content that you have posted on the Website and take technical and legal steps to keep you off the Website, if We believe that –
- You have abused your rights to use the Website or any of the Services therein; or,
- You have breached the Terms; or,
- You deliberately submitted false information or content that might violate the respect for the deceased; or,
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and partners of the Website; or,
- You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You conveyed your password to another person; or,
- You have abandoned your account; or,
- You have failed to pay the applicable fees for certain fee-based Services on the Website.
Fees and Payments
We may require you to pay applicable fees for certain Services available on the Website, like becoming a Memory Keeper and purchasing a storage pack for the Memory Haven. We may, at any time and at Our sole discretion, convert a free of charge service to a fee-based service and vice versa, and change rates and payment terms. The pricing of the various storage packs will be posted on the Website. The payments for the fee-based services will be executed online, in advance, by using a valid credit card, for the full subscription period, whether the subscriber uses the services he purchased or not. You will be required to submit your full name, your credit card number and expiration date, your ID number and the type of credit card you wish to use in order to pay. After the payment process is completed, we will send you an email to confirm your payment. We may, at any time and at Our sole discretion, change the method of payment. Such changes will take effect immediately upon their posting on the Website.
All fees are quoted in US Dollars (USD), unless expressly stated otherwise.
You agree to pay all fees and taxes in a timely manner and in compliance with the pricing and terms applicable to the services that you purchase and reimburse the Company for any interest and collection costs resulting from overdue payments.
If your credit card details are incorrect, then the Company will contact you in order to obtain alternative credit card details or to cancel your order and account. As soon as your credit card was charged, the Company will send you an email message confirming the payment.
Links to other sites
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.
We may include paid advertisements, sponsored or free links and commercial or non commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
Copyright policy and requests to remove Content
We respect the intellectual property rights of others. Any requests to remove copyright infringing content from the Website, or counter requests to re-post content, on grounds of mistake or misidentification of the content, will be made in accordance with Our Copyright Policy.
All rights, title and interest in and to the Website (except – as provided below with respect to users' and third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish Our goodwill. Trademarks and advertisements of the Company on the Website are the exclusive property of the Company.
We do not claim ownership over content that you post on the Website. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Website, in accordance with the Terms.
By submitting content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for posting on the Website, and including any and all communications that you make with other users on or through the Website, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Website, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.
DISCLAIMER OF WARRANTY
THE COMPANY PROVIDES THE WEBSITE AND THE SERVICES AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE, AND SUBJECT TO OUR SOLE DISCRETION.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from the Company, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.
Changes in the Website
From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements. None of these factors are fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of operation
At all times, the Company may terminate the operation of the Website, or any part thereof, either temporarily or permanently. The Company will publish a termination notice reasonable time prior to the termination of the Website. The Company will maintain backup copies of the content on the Website for additional reasonable time, and afterwards will be entitled to delete the content without maintaining any backup copy thereof and without giving additional notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
Except as provided for in the Copyright Policy, the Terms and your use of the Website and Services therein will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York. You agree to resolve any dispute or claim that you may have against the Company or anyone acting on its behalf and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.
Amendments to the Terms
From time to time, the Company may change the Terms. Substantial changes will take effect 30 days after the Company has posted an initial notification on the Website's homepage or on any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.
We advise you to periodically read the Terms, as they may change from time to time.
The section headings in the Terms are included for convenience only and will take no part in the interpretation or construction of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination or expiration of the Terms or the termination of the Website's operation.
Correction of errors
We put great effort in ensuring the reliability of facts and information that We post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have posted on the Website is erroneous, contact us at firstname.lastname@example.org.
The Company respects the privacy and good reputation of the Website users. If you think that certain content published on the Website harms or offends you in any way, you may contact us at email@example.com, and We will do our best to provide a prompt response to your complaint.
Last Updated: March 21, 2011