2. USER LICENSE
Except as specifically authorized by Working Media Inc., you may not access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. Working Media Inc. reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein.
Any rights not expressly granted herein are reserved.
User Conduct. You agree that your use of the Services 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 Services from the US or the country in which you reside;
- not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");
- not to use the Services for illegal purposes;
- not to commit any acts of infringement on the Services or with respect to Services content;
- not to use the Services to engage in commercial activities without prior consent from Working Media Inc.;
- not to create or maintain an Online Memorial for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, 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 an Online Memorial;
- not to interfere with another person's use and enjoyment of the Services or another entity's use and enjoyment of the Services;
- not to use the Services 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 the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites.
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. SERVICES CONTENT
Nature of User Material. Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for an Online Memorial. 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 the Services;
- 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, guardian or educational supervisor;
- 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 website;
User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:
- you are the author of the Material, or
- the Material is not protected by copyright law, or
- you have express permission from the copyright owner to post the Material to the Services ; and
User License Grant to Working Media Inc. You grant Working Media Inc., its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Working Media Inc. 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 Working Media Inc. to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant Working Media Inc. and its affiliates 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 Working Media Inc. 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 the Services without the need for additional compensation of any sort to you. Working Media Inc. does not claim ownership of Material you Submit to the Services.
Disclaimer of Responsibility for Material. You acknowledge and agree that Working Media Inc. does not control the Material Submitted to an Online Memorial or any other Service permitting user-generated Material or content, and disclaims any responsibility for such Material. Working Media Inc. specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Online Memorial. In addition, Working Media Inc. does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Working Media Inc. assumes no responsibility or liability for any errors or omissions in the content of the Service.
Review & Removal of Material. Working Media Inc. 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 Online Memorial available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, Working Media Inc., 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 the Services infringes your copyright, you (or your agent) may send Working Media Inc. a notice requesting that the 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 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 Working Media Inc. to locate the content or Material within the Services; (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 Service should be sent to Working Media Inc, 1855 E. 12st, suite 6H, Brooklyn, NY 11229 (firstname.lastname@example.org). Working Media Inc. 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 MODIFICATIONS TO THE SERVICES
Working Media Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services' features, look and feel, and functional elements.
6. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY WORKING MEDIA INC., 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, WORKING MEDIA INC. 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
IN NO EVENT SHALL WORKING MEDIA INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WORKING MEDIA INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. WORKING MEDIA INC. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. WORKING MEDIA INC. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WORKING MEDIA INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO WORKING MEDIA INC., IF ANY, OR (B) $100 (WHICHEVER IS LESS).
8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and Working Media Inc. may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Online Memorial). Working Media Inc. accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Working Media Inc.'s discretion. You agree that Working Media Inc. shall not be liable to you or any third-party for any termination of your access to any Services.
Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Working Media Inc.
In connection with ForeverMissed Online Memorials, the following terms shall also apply:
- The creator and manager of a Memorial Website shall be known as the "Site Administrator."
- The party who pays for the Memorial Website shall be known as the "Site Sponsor."
9. PERMANENCE OF MATERIAL
Subject to its suspension, cancellation, and termination rights and rights to remove Material, Working Media Inc. represents that each Online Memorial sponsored as "permanent" will remain available through the Services for the duration of Working Media Inc.'s existence, and that each Online Memorial sponsored as "one year" will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Working Media Inc. cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services or an Online Memorial that you sponsored, or any other service to which you subscribed. You may at any time ask Working Media Inc. to delete without charge an Online Memorial that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services 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 Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, Working Media Inc. hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information indentifying current providers of such protections is available at the web site America Links Up
11. YOUR ACCOUNT, PASSWORD, AND SECURITY
Some elements of the Services (such as the creation of an Online Memorial) may require you to register and/or create an account with ForeverMissed.com. During this process, you must select an account designation and password and provide certain personal information to Working Media Inc., including a valid email address. In consideration of the use of Working Media Inc.'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 Working Media Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Working Media Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (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 Working Media Inc. 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. Working Media Inc. 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.
12. LINKS AND FARMING
As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with Working Media Inc. while others are not. Working Media Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of Working Media Inc. Visiting any such third-party website pages is at your own risk. Working Media Inc. 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 Working Media Inc. By using the Services, you acknowledge that Working Media Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.
15. THIRD PARTY SOFTWARE
16. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS
Contact. For purposes of providing notice of cancellation or termination, contact Working Media Inc. at Contact Us or Working Media Inc, 1855 E. 12st, suite. 6H, Brooklyn, NY 11229