LAST UPDATED: JUNE 2010

Purpose: These Terms of Use (“TOU”) set out the rules that apply whenever you view, use, access, browse or submit any material to the Memorial Matters Site (the “Site”). The TOU are a binding legal agreement between you and Memorial Matters. The TOU incorporate the Privacy Policy for Memorial Matters. By using the site Memorial Matters, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions set out therein. If you do not agree with these TOU, please do not enter or use this Site.

Memorial Matters may modify the TOU at any time and without prior notice. The date of the most recent version is set out at the beginning of this document. Your continued use of the Site after any modifications have been made will mean that you agree to the TOU as modified.

If you have additional questions, or do not understand any provisions of these TOU, please contact us at: [email protected]

Definitions:

In these TOU, we use certain words to mean specific things. This list sets out the definitions we are using for the following words:

“Content Contributors”: These are individuals, other than the Site Administrator, who have permission to upload content to an online Memorial. In the case of a private memorial, these will just be the Permissioned Users. If the memorial is public, these will be other individuals as well.

“General Public”: These are individuals who do not use the Site but merely view memorials.

“Other Users”: These are individuals, other than the Site Administrator, who may use the site. They include Permissioned Users and the General Public.

“Permissioned Viewers”: These are the individuals to whom a Site Administrator has granted permission to view a private online Memorial.

“Site Services”: These are the Services provided by Memorial Matters when you access the Site. They include the ability to create a Memorial, as well as laying ‘virtual’ flowers, lighting a ‘virtual’ candle, adding a memory to a memory book, uploading photos and adding video links etc.

“Site Administrator”: This is the individual who creates and manages an online Memorial.

“Site Users”: These are any and all individuals who access the Site.

Licence:
Memorial Matters gives you a limited, non-exclusive licence (permission) to view this Site and to download, email or print any individual pages of the Site in accordance with these TOU, solely for your personal, non-commercial use, provided that you do not remove any trademark, copyright or other notice contained on such pages. Memorial Matters may at any time and without notice revoke this licence for any reason including, but not limited to, breach of the rules regarding User Conduct and Site Content.

User Conduct:
Memorial Matters aims to provide a safe, respectful Site where a community of like-minded individuals may honour, memorialize and pay their respects to the deceased in their own personal way. To achieve this goal, it is necessary for everyone in the community to maintain a level of decorum and civility when using the Site. When using the Site you agree to:
Comply with all Canadian and local laws or rules regarding online conduct and acceptable material
Not to use this Site without the consent of a parent or guardian if you are under the age of 16
Not to use the Site for illegal purposes
Not to create or maintain a Memorial Site for any commercial purpose or intent which does not accord with the purpose of this Site
Not to interfere with any person’s use and enjoyment of this Site
Not to use the Site for advertising, chain letters, junk mail, spamming or use of distribution lists
Not to upload or transmit viruses or other harmful or destructive files
Not to disrupt, interfere with or otherwise harm or violate the security of this Site.
Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any entity

Site Content:
User Material
The majority of the content on Memorial Matters is posted, uploaded or displayed by Site Administrators and Other Users. This includes, but is not limited to, information, images, articles, illustrations, videos or photos (“Material”).
To maintain the safe and respectful nature of the Site, you agree not to submit any Material that:
Contains vulgar, profane, abusive, hateful or sexually explicit language, 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, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community
Unfairly interferes with any third party’s uninterrupted use and enjoyment of the site
Advertises, promotes or offers to trade any goods or services, except in the areas specifically designated for such purpose
Contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, text or other content) without the express permission of the owners of the copyrights in the content
Constitutes, promotes or encourages illegal acts or the violation of any right of an individual or entity
Discloses any personal information or images of a minor without the consent of a parent or guardian
Infringes any copyright, trademark, patent, trade secret or other intellectual property right
Contains viruses or other harmful or destructive files
Harms or is inappropriate for minors to view
Links to any commercial or other website
Is not otherwise in compliance with these TOU.

User Representations and Warranties
Each time you submit Material to the Site, you represent and warrant that you have the right to submit the Material to the Site. This means that:
You are the author of the Material; or
You have the express permission from the copyright owner to post the Material to the Site;
You have the right to grant Memorial Matters the licence to use the Materials as set out below; and
The Material you submit does not violate these TOU.

Licence Granted to Memorial Matters
By sending Material to Memorial Matters or posting it on the Site, you expressly grant Memorial Matters a world-wide, royalty free and non-exclusive licence to publicly display, use, reproduce, modify, create derivative works from and distribute the Materials in any form in connection with the Site.
Memorial Matters may also sublicence the Material to enable its subcontractors to provide the Site Services.
This licence will continue perpetually unless and until you remove your Material from the site, at which time the licence granted here will automatically expire.

Disclaimer of Responsibility for the Material
Memorial Matters disclaims any responsibility for user-generated Material or content on the site. Memorial Matters does not represent or warrant that any other content or information accessible on this Site is accurate, complete or current.

Review, Removal and Change of Status of Material
Memorial Matters reserves the right (but disclaims any duty, obligation or responsibility) to:
Review, screen, monitor, refuse to post, remove in their entirety or edit (at any time and without prior notice), any Material or Memorial Websites that Memorial Matters believes in its sole discretion may violate any of the provisions of these TOU and
Change the status of a Memorial Website from public access to private access upon a complaint by a third party for any reason

Where payment has been made for a Memorial Website that has been removed or altered for reasons other than a breach of these TOU, Memorial Matters will issue a full refund.

Violation of Terms of Use

Changes to the Site; Termination
Memorial Matters reserves the right to change or discontinue, temporarily or permanently, the Site and those products and services available on the Site, including but not limited to revising or deleting features or other information without prior notice to you.

Indemnity
You agree to indemnify, defend and hold harmless Memorial Matters and its respective officers, directors, employees, agents, suppliers and content and service providers from and against all losses, expenses, damages and costs, including lawyers’ fees, resulting from:
Any violation of these TOU
Your use of the Site
Material and any other communications you submit to us
Any activity related to your account with Memorial Matters, including negligent or wrongful conduct) by you or any other person accessing the Site using your account, Memorial Matters user name or account password

Disclaimer of Warranty
The Site, its contents and the products and services available on the Site are provided on an “as is” and “as available” basis. Memorial Matters expressly disclaims any representations and warranties, express or implied of any kind with respect to the site, its uses and the products and services offered on the Site, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy and freedom from computer viruses and other harmful content.

Limitation of Liability
In no event shall Memorial Matters, its respective officers, directors, employees, agents, representatives, suppliers or content or service providers be liable for damages of any kind (including, without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential damages) even if made aware of the possibility of such damages, whether in an action in contract or tort or other theory, arising out of or in connection with the use or inability to use, or performance of the Site, its contents, information or materials contained on the Site and/or any products or services available on the Site.

Memorial Matters assumes no responsibility for the actions of Third Party Service Providers who provide services to Site Users through their own Third Party web sites.

Applicable Law
This site is controlled and operated by Memorial Matters from its offices in Toronto, Ontario, Canada. Use of the site shall be governed by the laws of the province of Ontario. All legal proceedings or disputes arising out of these TOU and your use of the Site shall e resolved exclusively in a court in Toronto, Ontario within one (1) year of the time in which the events allegedly giving rise to such claim began, or your claim will be forever waived and barred.

Customer Service: Please contact us at: [email protected] should you wish to advise us of a change in the email address of a Permissioned User