Terms and Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern USAMemoriam.com’s relationship with you in relation to this website.
The term “USAMemoriam.com” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
Use Of This Website
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without USAMemoriam.com’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
Contributions To This Website
Where you are invited to submit any contribution to this Web site, including any form of media, you agree, by submitting your contribution, to grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, adapt, publish, distribute and exercise all copyright and publicity rights with respect to your contribution worldwide.
If you do not want to grant us the rights set out above, please do not submit your contribution to this or any other of our Web sites.
Membership:
You undertake to register for the USAmemoriam website using accurate and current information about yourselves.
As part of the registration process for USAmemoriam, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions that you must follow.
USAmemoriam Privacy Policy forms part of this Agreement, and by agreeing to this, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the USAmemoriam website (including any which contain personal information) maybe accessible to Internet users around the world.
We are not and cannot be responsible for the behaviour of Members. You should be aware that USA memoriam does not generally pre-screen or monitor the material contributed by members.
USAmemoriam reserves the right to withdraw or modify aspects of the USAmemoriam website, where we have legal or commercial reasons to do so.
We reserve the right (a) to suspend or terminate any Member's access to the USAmemoriam website, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the USAmemoriam website, if the relevant Member or material , appears to us, or to a complainant, to be in breach of any provision of this Agreement.
In addition, we reserve the right to suspend or terminate any Member's access to the USAmemoriam website if the relevant member is abusive, discriminatory, threatening, harasses or communicates offensive messages or images to another Member.
You are responsible for everything which is done on or through the USAmemoriam website.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the USAmemoriam website.
Given the open-access nature of the USAmemoriam website, we cannot prevent determined people whose membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the USAmemoriam website will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading.
If you see anything on the USAmemoriam website which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us at abuse@usamemoriam.com.
We do not generally monitor material contributed by Members before it is placed on the USAmemoriam website, and cannot be relied upon to identify any infringement of this Agreement.
Each Member acknowledges that we are entitled to withdraw any material on the USAmemoriam website which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this agreement, or to bring the USAmemoriam website into disrepute.
USAmemoriam website has no control over or responsibility for the truth or accuracy of any material available on the Ukmemoriam website, whether provided by Members or others.
Your use of the USAmemoriam website is entirely at your own risk.
Accordingly, to the extent that the law permits, you release USAmemoriam website its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with USAmemoriam and the material included here by Members and other third parties.
Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the USAmemoriam website (including the material which is contributed by Members) are owned by USAmemoriam website. It is easy to copy material that appears on web sites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the USAmemoriam website, or any of the material which is found on the USAmemoriam website unless properly licensed to do so by us.
By submitting any material to the content to the USAmemoriam website, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
USAmemoriam website will also not be liable for any failure to perform any of its obligations under this Agreement caused by matters beyond its reasonable control.
Maximum liability. Without limiting the preceding Clause, the aggregate liability of USAmemoriam website under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under this Agreement during the period prior to the date when liability arises.
Non-excluded Liabilities. Nothing in this Agreement limits USAmemoriam website liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this agreement by you or through a machine on which you access the USAmemoriam website.
Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of USAmemoriam website assign or dispose of this Agreement.
Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the USAmemoriam website and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
Changes to this Agreement. USAmemoriam website reserves the right to change the agreement with its members from time to time, and post the new version on the USAmemoriam website. This agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this agreement (or any new version of it), then you can choose instead to remain bound by the previous Terms and Conditions until your next renewal date.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of United States of America.
Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the USAmemoriam website. You can access it at USAmemoriam website.
