PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THE YIZKOR.COM WEBSITE (THE “SITE”). THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN [YIZKOR ONLINE MEMORIALS, INC.] (“YIZKOR”) AND YOU AND/OR THE ENTITY WHICH YOU REPRESENT (“YOU” OR “YOUR”) GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. YIZKOR MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.
1. SCOPE OF USE; ELIGIBILITY
This Site is for Your personal, non-commercial use only. The Site permits registered users to create memorial books and other online content. Once a user registers with the Site, that user will be authorized to create memorial books, upload content and invite other individuals to view, add comments and add content to such memorial books. Yizkor may permit registered and /or unregistered users to post comments, content, media, materials and/or information (“Submissions”) on the memorial books and/or in other public areas of the Site. Some registered users may have the ability to monitor and control what content appears on certain memorial books.
To access some of the resources the Site has to offer, You may be asked to provide certain registration information. It is a condition of the use of this Site that all the details You provide are correct, current, and complete. If Yizkor believes the details You provide are not correct, current, or complete, Yizkor has the right to refuse You access to the Site, or any of its resources, and to terminate or suspend Your account. By using the Site, You represent and warrant that that You are 14 years of age or older and that Your use of the Site shall not violate any applicable law or regulation.
2. PROPRIETARY RIGHTS
Except for Your Submissions, You acknowledge that, as between You and Yizkor, Yizkor shall own all right, title and interest in and to all intellectual property in the Site and its contents (the “Content”), including but not limited to any and all copyrights, trademarks, service marks, trade dress and other intellectual property rights contained therein. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content. Yizkor does not convey, through allowing access to the Site or otherwise, any ownership rights in the Site or Content.
3. SUBMISSIONS
You acknowledge that, as between You and Yizkor, You will own all right, title and interest in and to the Submissions that You make on the Site. You hereby grant Yizkor, and its licensees, successor and assigns, a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, transferable right and license to use, edit, modify, reproduce, distribute, display, transmit, exhibit, broadcast, stream, synchronize, sell, license, assign, create derivative works or otherwise exploit Your Submission, in whole or in part, in all media throughout the world, now known or hereafter discovered, including, without limitation, in software, websites, streams, motion pictures, television programs, books, magazines, websites, advertisements, promotions and publicity, all without further notice to, consent from or payment to You. You agree to waive any right to the use of Your Submissions, including any moral rights contained therein.
You hereby further agree that Yizkor, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by You to Yizkor under these Terms, and to display any advertising, publicity, promotional materials and distribution rights in connection with Your Submission. You acknowledge and agree that Yizkor, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any use, sales, licenses, assignments and other transfers of the rights granted by You to Yizkor hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with Your Submission.
Although Yizkor may monitor or review posted messages from time to time, Yizkor does not actively monitor the contents of the memorial books or other public areas of the Site, and is under no obligation to do so. Each user is solely responsible and liable for the contents of his or her Submissions, and Yizkor is not responsible in any way for the content or opinions expressed therein. Yizkor has the right, but not the obligation, to remove, edit or move, at any time, any material posted to the memorial books or other public areas of the Site, in each case as Yizkor deems appropriate.
You agree that You are solely responsible for the information and other content You post on and through the Site and should be aware that when You voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through the memorial books or otherwise, such information is generally accessible to and may be collected and used by other users and may result in unsolicited online and offline messages from such users. You are encouraged to exercise discretion when providing personal information about Yourself in and through the memorial books and other public areas of the Site. No Submissions shall be treated as confidential or proprietary information.
4. LIMITATIONS
In connection with Your use of the Site, You agree that You shall not: (a) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload or input on the Site any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) harm minors in any way; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (f) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (g) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (h) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (i) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (j) modify, delete or damage any information contained on the personal computer of any other Site user; (k) infringe on the rights of any third party, including but not limited to trademark, copyright or other intellectual property rights; (l) use the Site in any manner that in Yizkor’s judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (m) undertake any acts not expressly permitted under the Terms.
Additionally, if, in Yizkor’s sole discretion, You choose a login name that is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, Yizkor reserves the right, without prior notice to You, to automatically change Your login name, delete Your posts from the Site, discontinue or suspend Your access to the Site, or any combination of these options.
5. REPRESENTATIONS
You hereby represent, warrant and covenant that: (a) You have the power and authority to enter into these Terms; (b) You are the owner or licensee of all rights necessary and appropriate to grant the licenses and rights hereunder with respect to the Submissions; (c) all elements of the Submission are original to You, or You have the right to grant the rights set forth in these Terms in connection with such elements; (d) the Submission does not infringe the rights of any third party, including any trade name, trademark, trade secret, or copyright rights; (e) the Submission does not invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right; (f) the Submission is free and clear of any liens or claims with respect to the use of such Submission in the manner authorized herein; (g) You have obtained all necessary permissions or consents to use any property or person appearing in the Submission; and (h) the Submissions comply with these Terms.
6. TERMINATION
Yizkor may discontinue or suspend the Site, in whole or in part, at any time with or without notice, and Yizkor may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.
Yizkor shall be entitled, in its sole discretion, without notice and without limiting any other rights Yizkor may have under these Terms, at law or in equity, to (a) refuse to allow You to submit further Submission, (b) remove and/or delete Submissions, (c) remove and/or delete any memorial books, (d) revoke Your ability to use the Submissions feature or create memorial books, and/or (e) use any technological, legal, operational or other means available to enforce these Terms, including without limitation, blocking specific IP addresses or deactivating Your account.
7. DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YIZKOR, ITS AFFILIATES, LICENSORS AND PARTNERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YIZKOR DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY; RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YIZKOR, OR ITS AFFILIATES, LICENSORS OR PARTNERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YIZKOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDIES STATED IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. INDEMNITY
You agree to defend, indemnify and hold harmless Yizkor, its affiliates, licensors and partners, and their respective officers, directors, employees, agents and representatives from any and all claims, suits, actions, losses, liabilities, damages and expenses (including costs and reasonably attorneys’ fees) arising from or connected to Your use of the Site or violation of these Terms. Yizkor reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify Yizkor hereunder, and You agree to cooperate with Yizkor’s defense of such claims.
10. LINK TO OTHER SITES
From time to time, Yizkor may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by Yizkor. Yizkor makes no representations concerning the information provided on such sites nor does Yizkor endorse the products or services offered by such sites. Your use of these websites or their products or services is at Your own risk. Yizkor expressly disclaims all liabilities associated with these third party websites and product or services.
11. PRIVACY POLICY
The terms of the Yizkor.com privacy policy (“Privacy Policy”) governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available at [INSERT LINK].
12. MISCELLANEOUS
These Terms constitute the entire agreement between You and Yizkor, which supersedes any and all prior agreements, whether written or oral. The terms and conditions of these Terms will be binding on You and Your heirs, executors, administrators, successors and assigns. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future. If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the principles of conflict of laws. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in New York County, New York in connection with any action arising out of the terms hereof, and waive any objection to such jurisdiction or venue based on forum non-conveniens or otherwise. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with Yizkor. You may provide notices to Yizkor via email to notice@Yizkor.com.