- User License
- Site Content
- Termination and Changes to Site
- Disclaimer of Warranties
- Limitation of Liability
- Cancellation, Termination, Transfer and Expiration of Account/Services
- Your Account, Password and Security
- Third- Party Software
- Jurisdiction, Applicable Law and Limitations
- General Provisions
2. User License
B. User Conduct. You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by HG from the US or the country in which you reside;
- not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 16 (a “Minor”);
- not to use the Site for illegal purposes;
- not to commit any acts of infringement on the Site or with respect to content on the Site;
- not to use the Site to engage in commercial activities;
- not to create or maintain a Memorial Website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including, but not limited to, acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a Memorial Website, or other material;
- not to attempt to gain unauthorized access to other computer systems from or through the Site;
- not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
- not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites.
C. Harm from Commercial Use. 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.
3. Site Content
A. Nature of User Material. Some of the services offered by HG on this Site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”) for a Memorial Website. You agree not to Submit any Material that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of this Site;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is inappropriate for Minors to view;
- links to any commercial or other website;
C. User License Grant to HG. You grant HG, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to HG in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize HG to include the Material you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant HG and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant HG the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. HG does not claim ownership of Material you submit to the Site.
D. Disclaimer of Responsibility for Material. You acknowledge and agree that HG does not control the Material Submitted to Memorial Websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. HG specifically disclaims any duty, obligation, or responsibility to review, screen, refuse to post, remove, or edit any Memorial Website, or other Material. In addition, HG 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. HG assumes no responsibility or liability for any errors or omissions in the content of this Site.
E. Review, Removal and Change of Status of Material. HG 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 HG believes, in its absolute and sole discretion, may violate any of the aforementioned sections. HG 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. HG 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, in HG’s sole and absolute discretion. In cases in which payment has been made for a Memorial Website that has been removed or altered for reasons other than a breach of 2(A), 2(B), 3(A), or 3(B) above, HG will issue a full refund. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by this Site infringes your copyright, you (or your agent) may send HG a notice requesting that the Site content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the Material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HG to locate the content or Material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to HealGrief.org at 2934 ½ Beverly Glen Circle, #266 Bel Air, CA 90077 or electronically through Contact Us. HG suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
4. Termination and Changes to Site
HG reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Site and/or services offered on or through the Site (or any part thereof), including, but not limited to, the Site’s features, look and feel, and functional elements and services relating to Memorial Websites, and other services provided by HG.
6. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY HG, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability
8. Cancellation, Termination, Transfer, and Expiration of Account/ Services
The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site. Pursuant to 47 U.S.C. Section 230 et seq., as amended, HG hereby notifies you that parental control protection tools (such as computer hardware, software or filtering services) that are commercially available may assist you in limiting Material that is harmful to Minors.
10. Your Account
Some services offered on the Site (such as the creation of a Memorial Website) may require you to register and/or create an account with HG. During this process, you must select an account designation and password and provide certain personal information to HG, including a valid email address. In consideration of the use of HG’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HG has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to: (a) immediately notify HG of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. HG will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, this Site may offer links to other websites. HG is not responsible for the contents of any website pages created and maintained by organizations independent of HG. Visiting any such third-party website pages is at your own risk. HG has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by HG. By using this Site you acknowledge that HG is responsible neither for the availability of nor the content located on or through any third-party website pages.
HealGrief™ and HealGrief.org™ are trademarked. Such trademarks and other marks, logos, and names of HG used on or in connection with this Site may not be used in connection with any product or service that is not under HG’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits HG. All other trademarks not owned by HG or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HG or its affiliates.
14. Third-Party Software
15. Jurisdiction, Applicable Law and Limitations
16. General Provisions