- “Company” means Kay Berry, Inc.
- “Content” means any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.
- “Registered User” means a user who registers with the Website.
- “You” means either (i) a User of the Website (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor who has allowed a Minor to visit or use the Website. In case (ii), You will be held legally responsible for the acts of the Minor.
- “Minor” means any person under the age of 18. (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website.)
- “Website” means the MyMemorialPlace website available at the URL www.mymemorialplace.com.
Convenience and Information Only
The Website is provided to You without charge as a convenience and for your information only. By merely providing access to the Website, the Company does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) the Company has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is or will be accurate or complete.
Except as specifically authorized by the Company, You may not deep-link to the Website for any purpose or access the Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website.
You may not link or frame to any pages of the Website or any content contained therein, whether in whole or part.
User Account, Password and Security
User Account. For certain types of features available through the Website, the Company requires the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. The Company uses reasonable precautions to protect the privacy of your UserID, password, and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, and User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify the Company of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that You exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, the Company does not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
Accurate Information. In creating and using your User Account for the Website, You agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then the Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
Non-Transferability of User Account. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
You agree that your use of the Website and/or services provided through the Website 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 Website or any service provided by the Company from the US or the country in which You reside;
- Not to use the Website or its services without the consent of a parent, guardian or educational supervisor if You are under the age of 18 (a “Minor”);
- Not to use the Website for illegal, immoral or unethical purposes;
- Not to commit any acts of infringement on the Website or with respect to any content on the Website;
- Not to use the Website to engage in commercial activities;
- Not to attempt to gain unauthorized access to other computer systems from or through the Website; and
- Not to interfere with another person’s use and enjoyment of the Website.
Deleting and Modifications
Liability and Indemnity
THE COMPANY PROVIDES THE WEBSITE AND ALL OF ITS CONTENT “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. In addition, without prejudice to the comprehensive nature of the foregoing, the Company does not make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
You will indemnify the Company from and against any damages, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from your actions (Including resulting from any content that You post, directly or indirectly. on the Website.
The Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user content, communications or personalization settings.
Any material obtained through the use of the Website is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
Nature of User Material
Some of the services offered by the Company on the Website allow You and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Website (collectively, “Submit”), including, for example, images, information, illustrations, lyrics, photos, poems, or text (collectively, “material”) for a 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 unsubstantial claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual, group 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 Website;
- Advertises, promotes or offers to trade any goods or services;
- 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 written permission of the owner of the copyright in that 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 or imposes liability on anyone;
- Discloses any personal identifying information relating to a Minor;
- Infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- Contains viruses or other harmful, disruptive or destructive files or code;
- Harms or is inappropriate for minors to view;
- Links to any commercial or other Website;
User Representations and Warranties
Each time You Submit material to the Website, You represent and warrant that You have the right to submit that material to the Website, which means:
- You are the author of the material, or
- The Material is not protected by copyright law, or
- You have express written permission from the copyright owner to post the material on the Website; and
Disclaimer of Responsibility for Material
You acknowledge and agree that the Company does not control the material submitted to the Website and specifically disclaims any duty, obligation, or responsibility to review, screen, refuse to post, remove, or edit any Memorial, or any other material Submitted to the Website. In addition, the Company does not represent or warrant that any other content or information accessible via the Website is accurate, complete, or current. The Company assumes no responsibility or liability for any errors or omissions in the content of the Website.
Review and Removal of Material
The Company will not permit any content known by us to be infringing to remain in the Website. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides resources 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 or appearing on the Website infringes your copyright, You (or your agent) may send the Company a notice requesting that the Website 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 located on the Website 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 the Company to locate the content or material on the Website; (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 Website should be sent to Kay Berry Inc., 6301 North Noah Dr., Saxonburg, PA 16056, Attn; DMCA Notices, or by email to firstname.lastname@example.org. Kay Berry 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.
Termination of Service
Third Party Content
Governing Law; Venue
The Company makes no representation that any Content in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If You choose to access the Website from other jurisdictions, You do so on your own initiative and are responsible for compliance with applicable local laws. The Company is not responsible for any violation of law. You may not use or export the Content in the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You reside (if different from the United States).
If You have additional questions or comments of any kind, or if You see anything in the Website that You think is inappropriate, please let us know by e-mail or by sending your comments to:
Kay Berry, Inc.
6301 N Noah Drive
Saxonburg, PA 16056
Attn: Customer Care – Website Issues
Copyright © 2015 Kay Berry, Inc. All Rights Reserved.
EFFECTIVE AS OF: ___________, 2015
LAST UPDATED: ___________, 2015