By viewing, using, accessing, browsing, or submitting any content or material on or to this Site, you agree to these Terms of Use as a binding legal agreement between you and Legacy Memorial, without limitation or qualification.
Legacy Memorial reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
These Terms and Conditions are only available in English.
If you have any questions or concerns, please contact our support team.
User License:You are licensed to access and use the Legacy Memorial Website solely for personal purposes in accordance with the terms set out in the Terms of Use.
Use for commercial purposes and any re-publication of the Legacy Memorial Website or content on the Website is strictly prohibited
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 Website 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.
Registration and SecurityAs part of the registration process, You will select a password. You must provide Legacy Memorial with accurate, complete, and updated personal registration information. You must not use a web address that Legacy Memorial, in its sole discretion, deems offensive or otherwise inappropriate.
You agree that when you are issued a Username and Password by Legacy Memorial You will keep your password confidential at all times. You are responsible for all activities that occur under your password or account.
You shall notify Legacy Memorial 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 Legacy Memorial be held liable for any acts or omissions by Registered or other Users of the Website.
Website ContentLegacy Memorial.com shall be available permanently, and Legacy Memorial shall take every reasonable measure to protect and preserve the content submitted by you.
All intellectual property rights in and relating to the Website and the content displayed on the Website (other than contributions of Users) are owned by Legacy Memorial.
You warrant that You own all material being posted to any Legacy Memorial memorial site or at least have the right to grant Legacy Memorial the license set out in the terms of use. (This includes files such as photos, videos graphics or other materials that you post, transmit or otherwise make available.) Upon notification and proof of a copyright infringement to Legacy Memorial, your memorial site may be suspended or terminated.
Legacy Memorial shall be granted by you, a non-exclusive perpetual royalty-free license with absolute discretion to host, distribute, edit or remove any part of the material posted.
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Legacy Memorial may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Legacy Memorial has no control over such sites and resources, You acknowledge and agree that Legacy Memorial 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 on or available from such sites or resources. You further acknowledge and agree that Legacy Memorial 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 available on or through any such site or resource.
Membership FeesSubject to the terms of the Terms of Use, the memorial pages created by registered members via the legacymemorial.com Website are available to be viewed online at no charge.
When You register to create a free site, You will be granted limited hosting as set out in the prices and plans. Some services may become disabled from free memorial pages.
When You register to create a monthly, yearly, or lifetime memorial site, activation will be granted upon receipt of payment or within 24 hours.
There shall be no refund of money paid by Legacy Memorial, upon change of membership or upgrading of plans.
All sites can be edited without charge at any time.
All Sales are Final.
Disclaimer of Responsibility for MaterialYou acknowledge and agree that Legacy Memorial does not control any material submitted to memorial websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. Legacy Memorial Remembered specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Memorial Website, or other Material. In addition, Legacy Memorial does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. Legacy Memorial assumes no responsibility or liability for any errors or omissions in the content of this Site.
Review, Removal and Change of Status of MaterialLegacy Memorial reserves the right (but disclaims any
duty, obligation, or responsibility) to review, screen, refuse to post,
remove in their entirety, or edit (at any time and without prior notice)
any photos, Memorial Websites or any Material that Legacy Memorial
believes, in its absolute and sole discretion, may violate any of the
aforementioned sections. Legacy Memorial also reserves the right (but
disclaims any duty, obligation, or responsibility) to refuse to post,
remove in their entirety, or edit (at any time and without prior notice)
any photos, Memorial Websites or Material on the Site for any reason or
no reason whatsoever, in its absolute and sole discretion. Legacy
Memorial also reserves the right (at any time and without prior notice)
to change the status of a Memorial Website from public access to private
access upon complaint by a third party for any reason, at the sole and
absolute discretion of Legacy Memorial.
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 UsersLegacy Memorial may send You communications, such as service announcements, administrative messages and/or a Newsletter. It is a condition of becoming and remaining a registered member that You agree to receive these communications.
Legacy Memorial may, through the Newsletter, provide marketing opportunities to its partners and affiliates. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in the Legacy Memorial Newsletter. Legacy Memorial makes no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Legacy Memorial.
TerminationLegacy Memorial shall have the right to edit or delete your content and/or terminate the Terms of Use and/or your access to the Website, at any time without notice in their absolute discretion. Without limitation to the generality of the foregoing, Legacy Memorial shall have the right to edit or delete your content and/or terminate the Terms of Use, and/or your access to the Website, at any time without notice in the event that:
1.You breach any term of the Terms of Use;
2. Technical or other issues mean that it is no longer practicable for Legacy Memorial to continue to operate the Website in whole or part.
A Registered User may at any time ask Legacy Memorial to delete without charge a site created by that User.
Upon termination of the Terms of Use or access to the Website (for whatever reason), there shall be no refund of money paid from Legacy Memorial.
No Warranty; Liability and IndemnityLegacy Memorial provides all content in the Website "AS IS" and "AS AVAILABLE" without any warranty of any nature whatsoever, nor does Legacy Memorial make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
Legacy Memorial 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, the Legacy Memorial 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 Legacy Memorial.
You will indemnify Legacy Memorial 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 Website).
Legacy Memorial assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user content, communications or personalization settings.
Any material obtained through the use of the Website 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.
Nothing in the Terms of Use limits the liability of Legacy Memorial for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.
In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. Legacy Memorial provides a comprehensive service at a minimal cost and, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.
If You are dissatisfied with the Legacy Memorial Website, or do not agree to any of the terms of the Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
If using Donation Services, Legacy Memorial will not be held liable for any donations and will not have any monetary or any other obligation to users.
No Waiver.The failure of Legacy Memorial to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
MinorsThe consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Legacy Memorial Website. Use of any part of the Website 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 Website.
The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
Legacy Memorial 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 an adult.
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