Terms of Service
2. DESCRIPTION OF SERVICES
This Site allows you to purchase and/or use services such as, but not limited to:
A niche with an urn – for purchasing the niche with an urn, you will be asked to create an account (required your e-mail address), to accept these Terms and to fill out your payment data. By confirming the purchase, you will receive to your e-mail address your Certificate for Ownership with your login information of the Site (ID and initial password), which will grant you the right to access to your account, where you can fill out necessary information about the deceased person, change your e-mail address or change the password. You will find instructions on how to send cremated remains to usin the section “Shipment of cremated remains”. The purchase of this Service means youhave purchased a storage place for cremated remains for 20 years and a virtual niche with an urn in this Site for unlimited time. After 20 years the cremated remains will be scattered in nature, unless you use your right to extend a period of storage for another 20 years in accordance with our service price list at that moment. No returns of cremated remains are provided. You have the right to sell, give, bequeath, dispose of Certificate for Ownership at your own discretion.
find the urn of a person – anyone may find a person or list of persons whose urns are in this Site by entering the Name or Surname.
condolences – anyone can simply write a condolence honouring the memory of deceased person for free.
flowers – you can purchase virtual flowers and lay them at the urn of a deceased person for 10 days.
All purchases made through the Services are final and non-refundable. You acknowledge and consent that the purchase in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced.
We do not promise or guarantee that this Site and the Services will be online forever. This Site will remain online for as long as we are able to keep it running. If we stop running this Site and the Services for any reason, your contracts with us, including concerning the Service of storage cremated remains and virtual niche with the urn, automatically terminates and you are entitled to a refund of an amount proportionally for the remaining time of the Service. In such an event, you acknowledge and consent that the cremated remains can be scattered in nature.
3. SHIPMENT OF CREMATED REMAINS
For shipping cremated remains use United States Postal Service (“USPS”), as it is the only shipper that allows the shipment of cremated remains within the United States.
The USPS allows for shipping cremated remains by Priority Mail Express service only. Keep in mind that there are packaging requirements – USPS requires that the inner container be stable, shock-proof, and sift-proof (i.e. sealed against leakage during transit). For more detailed information, please, follow USPS instructions for packaging and shipping: https://about.usps.com/publications/pub139.pdf
Our address, to which to send cremated remains:
Memorial Service LLC
1031 Middle rd.
Riverhead, NY 11901
All the shipment costs for shipping cremated remains shall be covered by you.
4. CODE OF CONDUCT
You agree that your use of this Site and/or Services on this Site is subject to all applicable laws and regulations. You also agree:
not to use the Site for illegal purposes;
not to commit any acts of infringement on the Site or with respect to any content on the Site;
not to use the Site to engage in commercial activities;
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 an enjoyment of the Site;
not to write harmful, offensive or unethical comments or condolences. Comments and condolences not in a conformity with this point will be deleted in our discretion;
not to submit in the account any data about allegedly deceased person, but who is actually still alive;
not to submit an information about more than one deceased person in the account;
not to submit or change information about a different deceased person if the account entry was previously made regarding completely different person;
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.
5. ACCOUNTS AND LOGIN INFORMATION
Some services offered on the Site (such as the purchase of a niche with an urn) may require you to register and/or create an account (“Account”) with us. During Account creation process, you must provide certain personal information to us, including a valid email address. In consideration of the use of our 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 we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have 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 us of any known or suspected unauthorized use 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; (b) and ensure that you exit from your Account at the end of each session. We 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.
6. ACCEPTANCE OF THESE TERMS
By viewing, using, accessing, browsing, or submitting enquiry to this Site, you agree to these Terms as a binding legal agreement between you and us, without limitation or qualification.
If you do not agree to these Terms, then you may not use this Site.
We may update these Terms from time to time in response to changing legal, technical or business developments. We reserve the right to change the Terms at any time without notice, and your continued use of this Site constitutes your consent to such changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your domicile and you have given us your consent to allow any of your minor dependents to use this site.
7. CANCELLATION, TERMINATION, RESTRICTION, SUSPENSION
You may cancel or terminate your password, Account and/or use of any Service provided on or through this Site, with or without cause at any time, upon providing written notice to us. If you cancel or terminate your Account or any Services or upon expiration of your Account or Service, your cancellation/termination will take effect immediately. Upon termination, your right to use your Account or Service immediately ceases. Your notice to us of cancellation or termination must be sent via email to: email@example.com.
We may restrict, suspend or terminate your use of the Account if we believe that you have breached these Terms at any time. The suspension or termination of the Account will be without prejudice to any rights which we may have against you in respect of your breach of these Terms.
Upon suspension, cancellation, or termination of your Account or your use of any Service provided on or through this Site (for whatever reason), there shall be no refund of money you paid to us.
8. DISCLAIMER OF WARRANTIES
We try to keep the Services up, bug-free, and safe, but you use it at your own risk. We are providing the Services “AS IS”, without warranty, assurances or guarantees of any kind.
We do not warrant that you will be able to access or use the Services at the times or locations of your choosing, that the Services will be uninterrupted or error-free or that defects will be corrected.
You agree that the Services may be interrupted for non-predefined periods for reasons of technical operations.
We will attempt as far as possible and as quickly as possible to remedy any malfunction or error by updates to the Services.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of us, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control. We assume no responsibility for the harmful consequences, which may arise from attack, viruses, hacking or any other breach of security that might result from it.
9. LIMITATION OF LIABILITY
In no way will we be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; thus the above limitations may not apply to you. In no event shall our 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 the higher: (a) the amount paid by you to us, if any, or (b) $100.
You agree to indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.
You and we agree that the warranty disclaimers and limitations of liability in these Terms are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and we agree that the warranty disclaimers and limitations of liability in these Terms of Service are fair and reasonable.
We own or licensed to use all intellectual property rights (including all copyrights, patents, trademarks, database rights, trade secrets whether registered or unregistered) which subsist in this Site, its content and underlying software.
Subject to compliance at all times with these Terms, you are granted a limited non-exclusive, non-transferable licence, solely to the extent reasonably required for educational, personal, internal and/or non-commercial purposes.
Any other use of the intellectual property, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication,
extraction, re-utilisation, incorporation or integration with other contents or softwares or re- delivery using framing technology, without our prior written permission is strictly prohibited and is in violation of its intellectual property and proprietary rights. Applications for permission for any other use should be addressed to the firstname.lastname@example.org.
11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Florida and applicable federal laws regardless of conflict of law provisions. You agree that all legal proceedings arising out of or in connection with these Terms, or Services available on or through the Site must be filed in a federal or state court located in Miami, Florida. If the jurisdiction of your domicile prohibits us from enforcing the governing law provision, nothing in these Terms limits your rights based on the laws governing your domicile.
12. ASSIGNMENT, ENTIRE AGREEMENT AND SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms 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 or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence.
If you have any questions about these Terms, please contact email@example.com.
13. PERSONAL INFORMATION WE MAY COLLECT
The personal information we may collect about you through the Services falls into the following general categories:
• Information that you provide voluntarily
Certain parts of our Services may ask you to provide personal information voluntarily. For example, we may ask for certain information in order to register an account and/or make purchases with us, to submit enquiries to us, such as your name, email address or other contact details, credit/debit card details.
• Information we collect automatically
When you use our Services, we may also collect certain information automatically from you which may be considered personal information under applicable data protection laws, such as data and analytics about your use of our Services, your IP address, your device type and the operating system that you use.
14. HOW WE USE YOUR PERSONAL INFORMATION
The Personal Data that is referred to above will be processed for the purposes of:
- performing our functions as providing Services;
- providing customer service to you and reverting to customer enquiries received via our contact page or e-mail;
- establishing, exercising or defending legal claims.
- that it is necessary for the performance of a contract with you, such as storage of cremated remains, providing virtual Services;
- that it is necessary for compliance with our legal obligations, such as the preventing a crime or fraud or maintaining tax records;
- that is necessary for the purposes of our legitimate interests, such as analyzing the performance of the website, defending our interests in the courts;
15. DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES
We may share your Personal Data with the following types of recipients:
- with third-party service providers and partners who provide data processing or payment services to us;
- with any competent law enforcement body, regulatory authority, government agency, court or other third party where we believe disclosure is necessary as a matter of applicable law or regulation, or to exercise, establish or defend our legal rights.
16. HOW WE PROTECT YOUR PERSONAL DATA
We use appropriate technical and organizational measures designed to protect the personal information that we collect about you and process. The measures we adopt are designed to provide a level of security appropriate for the degree of risk involved with processing your personal information. Specific measures include encrypting your personal information in transit and at rest.
17. DATA RETENTION
18. YOUR DATA PROTECTION RIGHTS
You have the following rights, in certain circumstances and subject to certain restrictions, in relation to your Personal Data:
- to access your Personal Data;
- to request the rectification and/or erasure of your Personal Data in certain circumstances;
- to restrict the use of your Personal Data and object to the processing of your Personal Data in certain circumstances;
- to request portability of your Personal Data in certain circumstances;
- to file a complaint with a data protection authority about our collection and use of your Personal Data.
In order to execute any of the rights set out above, please contact us at firstname.lastname@example.org.
19. WHAT ARE COOKIES?
Cookies allow a website or services to know if your computer or device has visited that website or service before. Cookies can then be used to help understand how the website or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience.
20. WHAT TYPES OF COOKIES DO WE USE?
'Strictly Necessary' cookies let you move around the website and use essential features like secure areas and shopping baskets. Without these cookies, we cannot provide the requested services.
'Performance' cookies collect information about how you use our website, e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how our website works, including web analytics.
Some of our performance cookies are managed for us by third parties, such us web analytics.
21. HOW LONG WILL COOKIES STAY ON MY DEVICE?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
22. HOW TO CONTROL AND DELETE COOKIES
Disabling cookies may affect your ability to use certain parts of our website.