PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THEY FORM A CONTRACT WHICH IS LEGALLY BINDING ON YOU
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 11
Welcome to our Website. The purpose of this Website is to enable you to share your memories and view other people’s memories of deceased friends, relatives, colleagues, team mates (and favourite celebrities, sports heroes and musicians).
TERMS AND CONDITIONS OF USE
1. DEFINITIONS
“Tribute Creator” a user of the Website registered as a Tribute Creator and the person who set up a Tribute Page on the Website;
“Contributor” a user of the Website registered as a contributor who submits a contribution of text, photo or other media to be added to a Tribute, whether or not they are also a Tribute Creator, and whether or not the contribution is chosen to appear on a Tribute Page;
“EVERLASTING” EVERLASTING (UK) Limited (“we”) is a company registered in England (Company No. 06909733) and our registered office is at Second Floor, Galley House, Moon Lane, Barnet, Hertfordshire EN5 5YL;
“Tribute Book” a bespoke publication designed by you. More details of which are available on our Tribute Book information pages.
“Tribute Page” a page/series of connected pages on the Website relating to a deceased person created through the Tribute Account;
“Website” http://everlasting.uk.com
“You” as a visitor to the Website, whether or not you are also a Contributor and/or an Tribute Creator.
2. INTRODUCTION
2.1 These Terms and Conditions are supplemented by our Notice and Takedown Policy, our Terms and Conditions of Purchase relating to the sale of Tribute Books and our Privacy Policy. These two policies and two sets of terms and conditions are binding upon you.
2.2 Visitors to the Website can browse Tribute Pages.
Contributors are able to contribute text and images to Tribute Pages.
Tribute Creators are able to set up Tribute Pages and are responsible for accepting and rejecting any contributions made by Contributors.
2.3 We grant you a limited licence subject to these Terms and Conditions to access and make use of the Website for the purposes set out in these Terms and Conditions.
2.4 The following terms and conditions will apply when you visit, browse, contribute and act as an Tribute Creator on our Website. We ask that you read these Terms and Conditions of Use carefully before you start to use the Website. By using the Website, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the Website.
2.5 If you decide to purchase a Tribute Book from us, additional terms and conditions will govern your purchase.
2.6 If you are under the age of 16 you must seek permission from your parent or guardian to use this Website. Use of the Website by a person under the age of 16 is confirmation that such permission has been obtained. If you are under 16 and represent yourself to be 16 or over, or if your are 16 or over and represent yourself to be 16 or under or we have any reason to believe that either or those situations is the case, we may take any of the actions listed under condition 13.2.
3. SETTING UP A TRIBUTE ACCOUNT AND YOUR TRIBUTE PAGE
3.1 To become an Tribute Creator and to set up a Tribute Page, you will need to provide us with the information requested on our tribute sign-up form. During the process you will be asked to supply your email address. This is to help us verify your identity on future visits and to enable us to contact you in connection with your Tribute Account and Tribute Page and in accordance with our Privacy Policy.
3.2 Should you register an invalid email address or an email address that belongs to someone else or otherwise impersonate any other person we may terminate your Tribute Account at anytime without notice.
3.3 A Tribute Page will continue to appear on the Website at no cost provided there have been no breaches of these Terms and Conditions. A Tribute Creator may request that Tribute Pages are removed from the Website. Further to this we might, for technical or legal compliance purposes be required to temporarily or permanently remove Tribute Pages from the Website, this is not something we would want to have to do, however, if we need to, we will give you as much notice as possible of the removal.
3.4 Whilst we try to make sure that the Website is available 24 hours a day 7 days a week, on occasions it may be unavailable due to system problems or to allow maintenance or other development activities to take place.
3.5 Your ability to monitor and accept tributes submitted by Contributors is set out in detail at our Tribute creator FAQ. However, please note that as a Tribute Creator you:-
3.5.1 may choose to accept or reject any text or image submitted ;
3.5.2 (if both text and image are supplied) you can choose to accept or reject both but not one only;
3.5.3 you may not amend, partially delete or add to any content provided by Contributors. A Tribute, if you choose to post it on your Tribute Pages, must remain as originally provided to you by a Contributor.
4. THE SERVICES WE PROVIDE TO ADMINISTRATORS
4.1 By entering into these Terms and Conditions as a Tribute Creator, you are appointing us to provide the following services subject to these Terms and Conditions:
4.1.1 we will provide series a connected pages on the Website to be used as a tribute to the deceased person you name in your application for a Tribute Account provided that the content of all such material complies with these Terms and Conditions.
4.1.2 we will forward notification of new Contributors joining your tribute to your registered email account provided that the content of all such material complies with these Terms and Conditions.
we will forward all notification of new contributions from Contributors to your tribute to your registered email account provided that the content of all such material complies with these Terms and Conditions.
4.1.3 we will give you the opportunity to design and order a Tribute Book compiled of the material posted on the Tribute Page, in accordance with our Terms and Conditions of Purchase.
4.2 The only obligations we have to you as Tribute Creator are as set out in these Terms and Conditions.
4.3 We have no responsibility for the content of the material submitted to the Tribute Page. Each Contributor is wholly responsible for the content which they submit posting on a Tribute.
5) BEING A CONTRIBUTOR
5.1 As a Contributor, we will provide the following services to you subject to these Terms and Conditions:
5.1.1 we will forward a notification of all contributions submitted to a tribute to the appropriate Tribute Creator;
5.1.2 we will give you the opportunity to design and order a Tribute Book compiled of the material posted on the Tribute Page, in accordance with our Terms and Conditions of Purchase.
5.2 There is currently no fee to be a Contributor to the Website, however we may introduce a membership fee in the future. We have no plans to do so at present.
6) USING THE WEBSITE
6.1 You agree not to post or transfer to the Website any material which might damage software or hinder the performance of any other parties’ computer system. You agree to indemnify us in respect of liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligations of this condition including, but not limited to, any claims made against us by any third party.
6.2 The Data Protection Act 1998 (the “Act”) is designed to protect you. Accordingly it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about living individuals who are Contributors and data about individuals submitted to the Website directly or included in any message to us or material posted on a Tribute will be subject to the Act. you are responsible for its accuracy and relevance and you must have the authority to disclose it and for us to utilise it for the purposes of the Website. We will process your personal data in accordance with our Privacy Policy.
6.3 In consideration of agreeing to your use of the Website, you acknowledge that the ownership in any intellectual property rights (including for the avoidance of doubt, copyright, database rights and trade marks) in the Website belongs to us or is licensed to us. Accordingly, no part of the Website (or its source code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising the Website for the purpose set out in these Terms and Conditions. You may not use any method of systematic retrieval of content from this Website to create or compile, directly or indirectly, a collection, compilation, database or director (whether through robots, spiders, automatic devices or manual process) without written permission from us.
6.4 You must not modify the paper or digital copies of any materials you have printed or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the material on our site must always be acknowledged.
6.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6.6 If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, destroy or return any copies of the materials you have made.
6.7 You may not link the Website to any other website without our express authority in writing. Furthermore we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed via hypertext link with the Website and we do not endorse or approve the content of such third party websites.
6.8 Please be aware that to the extent permitted by law, and except as expressly provided for elsewhere in these terms and conditions, we do not accept liability in respect of the Website.
6.9 We reserve the right to refuse access to the Website, terminate your registration or Tribute Creator accounts, remove or edit content, or remove Tributes from the Website at our discretion. Furthermore, the Tribute Creator reserves the right not to accept Contributors’ submissions for their Tribute at their discretion.
6.10 We reserve the right to alter the functionalities and features of the Website and to permit or restrict access to certain areas of the Website to you for any reason.
7) YOUR PASSWORD AND ACCOUNT
7.1 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
7.2 You agree to accept responsibility for all activities that occur under your account or password.
7.3 You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
7.4 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
7.5 You must not misrepresent your identity.
8. THIRD PARTY LINKS AND CONTENT
8.1 The content displayed on the Tribute Page and any third party advertisements of the Website is provided or posted by third parties (“Third Party Content”). We are not the author of that content, whether contributed by Contributors or paid content providers. Neither us nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Website. Any third party content is the sole responsibility of the party who provided the content. We are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content, and shall not be liable to you in connection with such Contributor’s or Tribute Creator’s reliance of such Third Party Content. In addition, we are not responsible for the conduct of any Tribute Creators or Contributors activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of such conduct.
8.2 We may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to Third Party’s websites. You are advised to read such websites’ terms and conditions and/or privacy policies before using them. You acknowledge that we have no control over third party websites, that we do not monitor such websites and that we are not responsible or liable to anyone for such websites or for any content, products or services made available on such websites.
8.3 We are not responsible for the material posted on each Tribute nor for the information listed on the Website about the deceased person who is the subject of a Tribute or any other persons mentioned in such material. We do not monitor the content of Tributes and each Contributor is entirely responsible for their contributions to a Tribute. Each Contributor is responsible for the information that they provide about themselves and other people which is posted on the Website and we do not monitor such content.
8.4 Messages or information sent by a Contributor or Tribute Creator through Communication systems provided by the Website, or through emails, fax or letters to addresses obtained from the website, shall not contain any of the material described in condition 9.
9) CONTRIBUTIONS
9.1 These conditions apply to any and all material contributed to Tribute Pages on the Website (“Contribution”).
9.2 Any material uploaded to our site or submitted for inclusion on our Website (whether you are a Contributor or an Tribute Creator) shall be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy.
9.3 When you submit any material as a Contributor or as an Tribute Creator for inclusion on a Tribute Page you grant us the non-exclusive royalty free and fully sub-licensable right to use, remove, modify, adapt, publish, translate, create, deduct works from, distribute and display such content throughout the world in any media, including but not limited to on this website and in any Tribute Book whether in relevant written form or otherwise. Furthermore, you grant us and our subsidiaries and affiliates the right to use the name you submit in connection with such content if we choose.
9.4 You agree that the rights you grant in term 9.3 above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your rights to be identified as the author of such content and material and your right to object to derogatory treatment of such material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us at our request.
9.5 You represent and warrant that you control all of the rights to the content you post.
Content standards
9.6 You acknowledge that the nature and intention of this Website is to celebrate the lives of your friends, family, colleagues etc. You must comply, whether as a Contributor or Tribute Creator with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
9.7 Your attention is drawn to our Notice and Takedown Policy. You are required to comply with the terms of our Notice and Takedown Policy and we draw your attention in particular to clause 4 of that Policy.
9.8 Contributions must:
9.8.1 Be accurate (where they state facts).
9.8.2 Be genuinely held (where they state opinions).
9.8.3 Comply with applicable law in the UK and in any country from which they are posted.
9.9 Contributions must not:
9.9.1 Contain any material which is defamatory of any person.
9.9.2 Contain any material which is obscene, offensive, hateful or inflammatory.
9.9.3 Promote sexually explicit material.
9.9.4 Promote violence.
9.9.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
9.9.6 Infringe any copyright, database right or trade mark of any other person.
9.9.7 Be likely to deceive any person.
9.9.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9.9.9 Promote any illegal activity.
9.9.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
9.9.11 Be likely to harass, upset, embarrass, alarm, bully or annoy any other person.
9.9.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
9.9.13 Give the impression that they emanate from us, if this is not the case.
9.9.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10) INDEMNITIES
10.1 You agree to indemnify us and keep us indemnified in respect of any liabilities, losses, expenses or other costs (including but not limited to all costs and expenses, which we may incur in connection with the defense of such claims) howsoever incurred as a result of a breach of your obligations under condition 9 or our Notice and Takedown Policy including but not limited to any claims made against us by any third party.
11) LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
11.1 This condition 11 sets out our entire liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to You in respect of:-
11.1.1 any breach of these Terms & Conditions;
11.1.2 any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions or our trading relationship generally.
11.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
11.3 Nothing in these Conditions limits or excludes our liability:
11.3.1 for death or personal injury resulting from negligence; or
11.3.2 for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation.
11.4 Subject to condition 11.3 we shall not be liable for:
11.4.1 loss of profits; or
11.4.2 loss of business; or
11.4.3 depletion of goodwill and/or similar losses; or
11.4.4 loss of contract; or
11.4.5 loss of use; or
11.4.6 loss of corruption of data or information (including but not limited to any contributions submitted or posted on the Website); or
11.4.7 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
12) EVENTS BEYOND OUR REASONABLE CONTROL
We shall not be in breach of these Terms and Conditions nor shall we be liable for any failure or delay in performance of any obligations under these Terms and Conditions arising from or attributable to acts, events, omissions or accidents beyond its reasonable control including but not limited to any of the following:
12.1 acts of God including but not limited to fire, flood, earthquake, wind storm or other natural disaster;
12.2 war, threat or preparation for war, arms conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
12.3 terrorist attack, civil war, civil commotion or riots;
12.4 nuclear, chemical or biological contamination or sonic boom;
12.5 fire, explosion or accidental damage;
12.6 adverse weather conditions;
12.7 collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
12.8 any labour dispute including but not limited to strikes and lockouts;
12.9 non performance by suppliers or sub-contractors and interruption or failure of utility service including but not limited to electric power, gas or water;
12.10 any loss of internet service, whether in connection with the Website’s server, or the server used by a Contributor or Administrator or user.
13) SUSPENSION AND TERMINATION
13.1 We will determine, in our discretion, whether there has been a breach of our Terms and Conditions through your use of the Website. When a breach has occurred, we may take such action as we deem appropriate.
13.2 Failure to comply with our Terms and Conditions may result in our taking all or any of the following actions:
13.2.1 Immediate, temporary or permanent withdrawal of your right to use the Website.
13.2.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
13.2.3 Issue of a warning to you.
13.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
13.2.5 Further legal action against you.
13.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
13.3 In the event your registration is terminated for any reason or you stop using the Website, you agree that conditions 10,11 and 14 shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The governing law of these Terms and Conditions is English law and you hereby irrevocably submit to the non- exclusive jurisdiction of the Courts of England. This does not affect your statutory rights as a consumer to bring claims in your local jurisdiction.
VARIATION
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.
