"We" and "Us" means Warm Tribute Online Memorials.
"Registered User" means a user who registers with the Websites.
"You" means either (i) a User of the Websites (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Websites. In case (ii) You will be held legally responsible for the acts of the Minor.
"Minor" means any person under the age of 16, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).
Use for commercial purposes and any re-publication of the Websites or content on the Websites is strictly prohibited, and You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
Software may be made available in connection with the Websites, which you may be permitted to access or download. You may only download, copy, reuse or distribute software provided by the Websites where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.
All intellectual property rights in and relating to the Websites and the content displayed on the Websites (other than contributions of Users) are owned by Warm Tribute Online Memorials.
You warrant that You own all material You post to the Websites or elsewhere or have the right to post such material. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful.
You grant Warm Tribute Online Memorials a non-exclusive perpetual royalty-free license in their absolute discretion to host, distribute, edit or remove any part of the material posted to the Websites.
You are solely responsible for all content that You post to the Websites. You may not post, and we may in our absolute discretion remove, any content that we believe:
constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
is defamatory of a real or legal person, or of goods or services;
violates a person's privacy or other rights relating to personal information;
depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
is blasphemous or incites religious hatred;
impersonates or falsely attributes material to any person or entity;
discloses confidential or proprietary information of another person;
is discriminatory in any way, including by way of sex, race or age discrimination;
might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
creates a risk to safety or health, or compromises national security or official secrets;
Warm Tribute Online Memorials deems to be, offensive, immoral or illegal;
is otherwise malicious, fraudulent, or may result in the reputation of the Websites, Warm Tribute Online Memorials being damaged;
is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to Warm Tribute Online Memorials
You must not upload, post or otherwise transmit to the Websites any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
Upon submission of content to the Websites by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.
Communications with Users
Warm Tribute Online Memorials may send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.
No Warranty; Liability and Indemnity
We provide all content in the Websites "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) do the Foundation or Trust make any representations concerning the suitability, reliability or accuracy for any purpose of the Websites or the contents of the Websites.
Warm Tribute Online Memorials shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, we can not be held liable for any content that is posted by Users to the Website. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against Warm Tribute Online Memorials.
You will indemnify Warm Tribute Online Memorials from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from your actions (including resulting from the content posted by You or otherwise on the Websites).
Any material obtained through the use of the Websites is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Websites. Use of any part of the Websites is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Websites.
The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
We can not be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 16 or over.
Registration and Security
As part of the registration process, You will select a password and choose a unique web address for your site. You must provide us with accurate, complete, and updated personal registration information. You must not use a web address that we, in our sole discretion, deem to be offensive or otherwise inappropriate.
You shall notify Warm Tribute Online Memorials immediately of any known or suspected unauthorized use(s) of your website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You acknowledge and agree that under no circumstances can we be held liable for any acts or omissions by a Registered or other User of the Websites.
Sites and Sponsorship Fees
When You register to create a site, You will be granted a 5 day hosting trial period for free. Following the hosting trial period, if your site has not been sponsored, your site may become disabled or removed from our servers completely. Alternatively, following the hosting trial period, your content may be limited in content at our discretion.
All sites can be edited without charge at any time.
Technical or other issues mean that it is no longer practicable for the Warm Tribute Online Memorials to continue to operate the Websites in whole or part.
A Registered User may at any time ask us to delete without charge a site created by that User.
In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
We reserve the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of the Foundation and the Trust assign, license or subcontract this agreement or any of your rights or obligations under it.
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