In consideration of your access and use of the Website, you agree to (a) provide accurate, current and complete information about yourself as may be prompted by any Joining forms on the Website ("Joining Information"); (b) maintain the security of your password and identification; (c) notify us immediately if you suspect unauthorised use of your account or access to your password; (d) maintain and promptly update the Joining Information, and any other information you provide to Remembered Forever, to ensure that it is accurate, current and complete; and (e) be fully responsible for all use of your account and for any actions that take place using your account.3. Your conduct
Prohibited activity includes, but is not limited to:
- restricting or interfering any other Administrators from using or enjoying the Services or Website;
- breaching or circumventing, or attempting to breach or circumvent, any security measures on the Website (including 'hacking' those Website) or attempting to obtain access to secure or Administrative parts of the Website without prior written authorisation from Remembered Forever;
- using the Services or Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- using automated scripts to collect information from or otherwise interact with the Services or the Website;
- registering for more than one Administrator account, registering for an Administrator account on behalf of an individual other than yourself, or registering for an Administrator account on behalf of any group or entity;
- impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
- soliciting personal information from anyone under 18 or solicit passwords or soliciting personal information for commercial or unlawful purposes;
- intimidating or harassing other Administrators;
- covering or obscuring banner advertisements on your profile
- using or attempting to use another Administrator's account, service or system without prior written authorisation from Remembered Forever, or creating a false identity on the Services or the Website;
- providing links to other websites, whether competitive with Remembered Forever or otherwise;
- using the Services or the Website for the purposes of conducting business or commercial activities;
- framing or linking to the Website, without the prior written authorisation of Remembered Forever; and
- collecting email addresses or other contact information of other Administrators from the Services or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You agree that Remembered Forever prohibits and you agree not to access or use the Website or Services to:
- provide any false, misleading or deceptive information;
- violate any law or regulation, or cause Remembered Forever to violate any law or regulation;
- be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable in the opinion of Remembered Forever;
- harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
- send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes, or advertise any products or services by making any unsolicited contact with users whose email, telephone, postal or other contact details you have obtained via the Website;
- harvest or otherwise collect information about other users of the Website for any purpose other than expressly authorised by Remembered Forever;
- take any action that imposes an unreasonable or disproportionately large burden on the Website' infrastructure; or
- deliberately distribute or execute any computer virus or any other program or code that disrupts or disables operations of the Website.
Without limiting any of the foregoing, you agree and acknowledge that, except for advertising programs offered by us on the Website, the Services and the Website are available for your personal, non-commercial use only.
You are solely responsible for any material, communication, information (including your profile details), messages, files, notes, text, photos, music, videos, images, advertisements, listings, URLs and other content (together, 'Administrator Content') that you upload, post, transmit, share, store or otherwise make available (hereinafter, 'post') on or through the Services or the Website. The views expressed by you do not represent our views or values.
You represent and warrant that (a) you have all the necessary rights to post the Administrator Content on the Services; (b) you will not post any illegal or prohibited Administrator Content; and (c) the posting of your Administrator Content on or through the Services will not infringe, violate or contravene any third party rights (including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights).
Prohibited Administrator Content includes, but is not limited to, content:
- which is (or could reasonably be expected to be) offensive, threatening, unlawful, abusive, defamatory, harassing, vulgar, obscene, pornographic, profane, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, or promotes conduct that would contravene any applicable law or regulations;
- of any kind which is not your original work, or which infringes (or could reasonably be expected to infringe) the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights;
- that involves unsolicited or unauthorised advertising, solicitations, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
- which you know (or reasonably ought to know) to be false, misleading or deceptive;
- of any kind which contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
- which, in the sole discretion of Remembered Forever, is objectionable or interferes with any other person from using or enjoying the Website, or which may expose Remembered Forever or any Administrators to any liability of any type;
- which you know (or reasonably ought to know) cannot be legally distributed to the public;
- which is being exploited for commercial purposes or which contains any promotional material or advertising; and
- of any kind from which any author attributions, legal notices or proprietary designations or labels have been deleted.
You agree and acknowledge that Remembered Forever:
- may cooperate fully with any law enforcement authority and any other government authority in any jurisdiction in relation to your access to or use of the Website or Services, including providing all information in relation to you and your access to or use of the Website or Services to such law enforcement authorities and other government authorities.
By posting any Administrator Content on the Services or the Website, you grant to Remembered Forever a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (including the right to sublicense any third party) to use, reproduce, redistribute, adapt, modify, create derivative works from, reformat, translate, transmit, publish and/or broadcast, publicly perform or display, such Administrator Content for any purpose, commercial, or otherwise, on or in connection with the Services or the Website or the promotion thereof.
Nothing in this section transfers any ownership rights in the Administrator Content to Remembered Forever. You will continue to retain all ownership rights and any other proprietary rights associated with your Administrator Content, subject to any rights granted to Remembered Forever under this section.5. Proprietary Rights in Website Content
All content on the Website and available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, including their selection and arrangement, but excluding any of your Administrator Content ("Website Content"), is the proprietary property of Remembered Forever, its Administrators or its licensors and is protected by international intellectual property law.
You must not modify, copy, distribute, frame, upload to a third party, post, transmit, republish, display, or sell in any form or by any means any Website Content, whether in whole or in part, without Remembered Forever's prior written approval.
You are granted a limited, revocable, non-sublicensable and non-exclusive licence to reproduce and display the Website Content solely for your personal, non-commercial use in connection with viewing and using the Website and/or Services, provided that you keep all Website Content, copyright or other proprietary notices intact and in the same form as presented on the Website.
You must not:
- copy, modify, adapt, resell or distribute any Administrator Content;
- engage in any commercial use of Admininistrator Content, unless such use is expressly approved in writing by Remembered Forever;
- make any form of representation, including through linking or framing, that could mislead or deceive a person that Administrator Content is from a source other than the Website;
- make any use of or access to the Website by any automatic tool, including 'spiders', 'crawlers', 'robots' or offline browsing tools without the prior consent of Remembered Forever; or
- make any use of or any access to the Website or the Services by any means contrary to the commercial interests of Remembered Forever (eg to facilitate a means of encouraging users of the Website to use another website offering services similar to the Services).
If you believe that any work in which you own intellectual property rights appears on the Website without your consent, you may notify us by email at [appropriate Remembered Forever email] Such notice must provide details of the work, your intellectual property rights in the work, and where you allege the work appears on the Website.6. Infringement Policy
Remembered Forever adopts a policy of terminating, in appropriate circumstances and at Remembered Forever's sole discretion, Administrators who are deemed to be repeat copyright infringers. Remembered Forever may also at its sole discretion limit access to the Website and/or terminate the Administratorship of any Administrators who infringe any intellectual property rights of others, whether or not there is any repeat infringement.7. Third Party Websites and Content
The Website may contain (or you may be sent through the Website or the Services) links to other web sites ("Third Party Websites"). Such Third Party Websites are not under Remembered Forever's control, and Remembered Forever assumes no responsibility for any Third Party Website or content accessed through the Services or the Website nor for investigating, monitoring or checking such websites or their content for accuracy, currency, appropriateness, or completeness.
Inclusion of or linking to any Third Party Website, or permitting any of the foregoing, does not imply any endorsement or approval of the website or link by Remembered Forever. You agree to access any Third Party Websites from the Website entirely at your own risk. You should also ensure that you review the terms and policies that govern your use and access to such Third Party Websites.8. Sharing Facility
Remembered Forever provides a facility which allows Administrators of the Website to share with other Administrators or post to their Administrator profile, articles, photographs, text, graphics, designs, sound, video, information, applications, software and other content belonging to or originating from third parties ("Third Party Content"), and/or links to Third Party Websites through the Services ('Sharing Facility').
If the Sharing Link is a button which contains any trademarks, graphics, logos or other proprietary materials of Remembered Forever, the Third Party Content Provider is granted permission to use such trademarks, images or other materials solely for the purpose of placing a Sharing Link on its website and solely in the form approved and provided by Remembered Forever. If the Sharing Link is a text link, it must include the word 'rememberedforever' as part of the text in that link. Remembered Forever reserves the right to revoke any rights granted under this section at any time without cause and in its absolute discretion. Upon revocation of such rights, the Third Party Content Provider agrees to immediately remove all Sharing Links from its websites.
Upon inclusion of a Sharing Link, the Third Party Content Provider agrees to indemnify and hold , its affiliates and related bodies corporate, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with such Sharing Links, any links, content or other material which may be shared or posted through such Sharing Links, or any breach of the representations and warranties made under this section.
By placing a Sharing Link on its websites, the Third Party Content Provider automatically grants a perpetual, royalty-free, transferable, non-exclusive, irrevocable, worldwide licence (including the right to sublicense) to use the Sharing Facility for the purpose of using, copying, publishing, reformatting, publicly performing or displaying, translating, transmitting, excerpting (whether in whole or part), summarising or redistributing the content, links and other material on any websites which the Third Party Content Provider has placed the Sharing Link. The Third Content Provider warrants that it has all the necessary rights to grant the licence in accordance with this section.10. Administrator Disputes
You are solely responsible for your interactions with other Remembered Forever Administrators. You agree that Remembered Forever will not be responsible for any loss or damage incurred as a result of any such interactions with respect to other Administrators' use or disclosure of your personal identifiable information.
If there is a dispute between you and any third party (including any Administrator), Remembered Forever is under no obligation to become involved, however, reserves the right to monitor disputes between you and other Administrators of the Services.11. Privacy
By using the Website and/or Services, you consent to receive certain communications via email, mobile text or electronic messaging. These communications may include notices about your Registered User account (e.g., change in password, confirmation e-mails and other user account settings) and information concerning or related to the Services. We may also send marketing communications to you in accordance with our Privacy Statement. You may opt-out of receiving marketing communications via email by clicking on the unsubscribe link in the bottom of the email or in your Profile Settings. You agree that any notice, agreements, disclosure or other communications relating to your account, the Website or the Services that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.13. Disclaimers
Subject to any rights conferred by any applicable statute that cannot be excluded, restricted or modified ('Non-excludable Rights'), Remembered Forever excludes all conditions and warranties implied by custom, law or statute.
Except as provided for by any Non-excludable Rights:
- the Services, Website and Website Content is provided 'as is' and without warranties of any kind, either express or implied;
- Remembered Forever and its affiliates expressly disclaim any and all representations or warranties of any kind, either express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement;
- Remembered Forever does not warrant that the features contained in any Website, Administrator Content or your access to the Website will be uninterrupted, timely, reliable, current, secure, or error-free, nor that any defects will be corrected or that the Services or server which stores and transmits content to you are free of viruses or any other harmful components;
- Remembered Forever does not warrant or guarantee the accuracy, adequacy or completeness of any information or content on the Services or Website nor any specific results from your access or use of the Services, the Website or any features of the foregoing;
- Remembered Forever does not assume any obligation to monitor the activities of Administrators on the Website or the Services;
- reference to any products, services or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation with Remembered Forever;
- under no circumstances will Remembered Forever be responsible or liable for any loss or damage, including any loss or damage to any Administrator Content or personal injury or death, resulting from any person's use of the Website or the Services, any Administrator Content or Third Party Content posted on or accessed through the Website or the Services, or any interactions between Administrators of the Website; and you acknowledge and agree that you obtain content, material, information or applications from or through the Services or Website at your own risk and that you are solely responsible for your use of such items and any damage, loss or other harm of any kind that may result from such use or reliance.
Remembered Forever reserves the right to modify or remove any and all content, material, information or applications and other items used or contained in the Website and any Services offered through the Website at any time without prior notice.14. Limitation of Liability
Except for liability under any Non-excludable Rights, under no circumstances will we or its affiliates be liable however arising (whether in contract, tort (including negligence of remembered forever, its affiliates, officers, directors, employees or agents, under statute or otherwise for any losses, damages, costs or expenses whatsoever which result from any use or access of, or any inability to use or access, the Website or the Services, or any content, material, information or applications on or accessed through the Website or Services (including Administrator Content and Third Party Content and Website), even if Remembered Forever has been advised of the possibility of such damages or that such damages were foreseeable.
You acknowledge and agree that Remembered Forever has limited or no control over Administrators of the Services or the Website and is neither liable for any Administrator's conduct, whether online or offline, nor for any content, material, information or applications on or accessed through the Website or Services (including Administrator Content and Third Party Content and Website), whether posted or caused by Administrators, Remembered Forever, third parties or any other program associated with the Website or the Services, including any content which may be offensive, inappropriate, defamatory, obscene, unlawful or otherwise objectionable.
To the fullest extent permitted by law, Remembered Forever's liability for breach of any Non-excludable Rights is limited at the option of Remembered Forever to one or more of the following:
- in the case of services, (a) the supply of the services again, or (b) payment of the cost of having the services supplied again; and
- in the case of goods, (a) the replacement of the goods or supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacement the goods or of acquiring equivalent goods, or (d) payment of having the goods repaired.
You may terminate your Administratorship at any time, for any reason, by giving written or email notice to Remembered Forever.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the England and Wales.
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