Legacy.com
820 Davis Street
Suite 210
Evanston,
IL
60201
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Terms of Use
Last updated: December 2008
Please read the following Terms of Use carefully before using Legacy.com or any
site powered by Legacy.com (collectively, this "Site").
1. Applicability & Acceptance of These Terms of Use
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By viewing, using, accessing, browsing, or submitting any content or material on
or to this Site, you agree to these Terms of Use as a binding legal agreement between
you and Legacy.com, Inc., without limitation or qualification. The term “you” or “You” shall
refer to any person or entity who views, uses, accesses, browses or submits any content or material to this Site. If, however, you
are accessing these Terms of Use from a website operated in conjunction with one
of our affiliate newspapers (listed at
www.legacy.com
and
www.legacy.com/NS/About/Affiliates.aspx,
also recognizable by the URL format www.legacy.com/[newspaper name])
(our "Affiliate Newspaper(s)"), the terms of use of the Affiliate Newspaper will govern unless such terms
state otherwise.
This Site may contain a social networking and content section called LegacyConnect
("LegacyConnect"). Legacy.com provides LegacyConnect to you using a third party
platform called Ning, created and serviced by Ning, Inc. ("Ning"). By using LegacyConnect,
you agree to be bound by these Terms of Use and the Ning Terms of Service. In addition,
all rights and licenses you have granted to Ning and all indemnities, duties, and
obligations you owe to Ning as expressed under the Ning Terms of Service shall apply
equally to Legacy.com, Inc. with respect to your use of the Ning services and platform
in connection with LegacyConnect, as shall any limitations of liability and disclaimers
of warranty. To the extent that there is a conflict between any provisions in these
Terms of Use and the Ning Terms of Service as to Legacy.com, these Terms of Use
will govern.
If you do not agree to these Terms of Use, then you may not use this Site. Legacy.com,
Inc. reserves the right to modify these Terms of Use at any time without prior notice.
You agree that each visit you make to this Site shall be subject to the then-current
Terms of Use, and continued use of the Site now or following modifications in these
Terms of Use confirms that you have read, accepted, and agreed to be bound by such
modifications.
Scope. Legacy.com, Inc. grants you permission (which may be revoked at any
time for any reason or no reason) to view this Site and to download, email, or print
individual pages of this Site in accordance with these Terms of Use and solely for
your own personal, non-commercial use, provided you do not remove any trademark,
copyright or other notice contained on such pages. No other use is permitted. You
may not, for example, incorporate the information, content, or other material in
any database, compilation, archive or cache. You may not modify, copy, distribute,
re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license,
create derivative works from, transfer, or sell any information, content, material,
software, products or services obtained from this Site, except as specifically noted
above.
Except as specifically authorized by Legacy.com, Inc., you may not deep-link to
this Site for any purpose or access this Site with any robot, spider, web crawler,
extraction software, or any other automated process or device to scrape, copy, or
monitor any portion of this Site or any information, content, or material on this
Site. Legacy.com reserves all of its statutory and common law rights against any
person or entity who violates this paragraph. You may not link or frame to any pages
of this Site or any content contained therein, whether in whole or in part.
Any rights not expressly granted herein are reserved.
User Conduct. You agree that your use of this Site and/or services on this
Site is subject to all applicable local, state, national and international laws
and regulations. You also agree:
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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
Site or any service provided by Legacy.com, Inc. from the US or the country in which
you reside;
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not to host, submit content to or use the Site or its services without the consent
of a parent, guardian or educational supervisor if you are under the age of 13 (a
"Minor");
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not to use the Site for illegal purposes;
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not to commit any acts of infringement on the Site or with respect to content on
the Site;
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not to use the Site to engage in commercial activities;
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not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line;
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not to create or maintain a Guest Book, Moving Tribute, Memorial Website, Enhanced
Obituary, or Life Story for or with any commercial or other purpose or intent that
does not in good faith comport with the purpose or spirit of the Site, including
but not limited to acquiring, designating, or choosing a website name or title,
or website address or URL for resale or rental, depriving any family member or friend
of a deceased person from establishing or using a service in that person’s name,
and linking to any commercial or other website from a Guest Book, Moving Tribute,
Memorial Website, Enhanced Obituary, or Life Story;
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not to attempt to gain unauthorized access to other computer systems from or through
the Site;
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not to interfere with another person’s use and enjoyment of the Site or another
entity’s use an enjoyment of the Site;
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not to use the Site for chain letters, junk mail, spamming, or use of distribution
lists;
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not to upload or transmits viruses or other harmful, disruptive or destructive files;
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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 (including
those of our Affiliate Newspapers),
Harm from Commercial Use. You agree that the consequences of commercial use
or re-publication may be so serious and incalculable that monetary compensation
may not be a sufficient or appropriate remedy.
Nature of User Material. Some of the services offered by Legacy.com, Inc.
on this Site allow you and others to post, upload, transmit, display, publish, distribute,
or otherwise submit material to the Site (collectively, "Submit"), including, but
not limited to, images, information, articles, illustrations, lyrics, photos, audio
files, poems, videos, or text (collectively, "Material") for a Guest Book entry,
Moving Tribute, Life Story, Enhanced Obituary, Memorial Website, or photo. You agree
not to Submit any Material that:
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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;
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is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive,
fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights or right of publicity of any third party, is
unreasonably harmful or offensive to any individual or community, contains any actionable
statement, or tends to mislead or reflect unfairly on any other person, business
or entity;
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unfairly interferes with any third party's uninterrupted use and enjoyment of this
Site;
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advertises, promotes or offers to trade any goods or services, except in areas specifically
designated for such purpose;
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is intended primarily to promote a cause or movement, whether political, religious
or other;
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contains copyrighted content (copyrighted articles, illustrations, images, lyrics,
photos, audio, video, poems, text, or other content) without the express permission
of the owner of the copyrights in the content;
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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 liability;
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discloses any personal identifying information relating to or images of a Minor
without consent of a parent, guardian or educational supervisor;
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infringes any copyright, trademark, patent, trade secret, or other intellectual
property right;
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contains viruses or other harmful, disruptive or destructive files;
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harms or is inappropriate for minors to view;
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links to any commercial or other website;
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exceeds five (5) minutes/300 seconds in length or duration when played on the Site;
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is not otherwise in compliance with these Terms of Use.
User Representations and Warranties. Each time you Submit Material to this
Site, you represent and warrant that you have the right to Submit the Material to this Site, which means:
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you are the author of the Material, or
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the Material is not protected by copyright law, or
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you have express permission from the copyright owner to post the Material on this
Site; and
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you have the right to grant Legacy.com, Inc. the license set out in these Terms
of Use; and
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the Material you Submit does not violate these Terms of Use.
User License Grant to Legacy.com, Inc. You grant Legacy.com, Inc., its affiliates
(including its Affiliate Newspapers), and related entities a royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, copy, modify, display, archive,
store, publish, transmit, perform, distribute, reproduce and create derivative works
from all Material you provide to Legacy.com, Inc. in any form, media, software or
technology of any kind now existing or developed in the future. Without limiting
the generality of the previous sentence, you authorize Legacy.com, Inc. to include
the Material you provide in a searchable format that may be accessed by users of
this Site and other websites. You also grant Legacy.com, Inc. and its affiliates
(including its Affiliate Newspapers) and related entities the right to use your
name and any other information about you that you provide in connection with the
use, reproduction or distribution of such Material. You also grant Legacy.com, Inc.
the right to use the Material and any facts, ideas, concepts, know-how or techniques
("Information") contained in any Material or communication you send to us for any
purpose whatsoever, including but not limited to, developing, manufacturing, promoting
and/or marketing products and services. You grant all rights described in this paragraph
in consideration of your use of this Site and our services of making Material you
provide us available to third parties, and without the need for additional compensation
of any sort to you. Legacy.com, Inc. does not claim ownership of Material you Submit
to the Site.
Disclaimer of Responsibility for Material. You acknowledge and agree that
Legacy.com, Inc. does not control the Material Submitted to Guest Book entries,
Moving Tributes, Memorial Websites, Enhanced Obituaries, Life Stories, or any other
services permitting user-generated Material or content, and disclaims any responsibility
for such Material. Legacy.com, Inc. specifically disclaims any duty, obligation,
or responsibility, to review, screen, refuse to post, remove, or edit any Guest
Book, Guest Book entry, Moving Tribute, Memorial Website, Enhanced Obituary, Life
Story, or other Material. In addition, Legacy.com, Inc. does not represent or warrant
that any other content or information accessible via this Site is accurate, complete,
or current. Price and availability information is subject to change without notice.
Legacy.com, Inc. assumes no responsibility or liability for any errors or omissions
in the content of this Site.
Review & Removal of Material.
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Legacy.com, Inc. reserves the right (but disclaims any duty, obligation, or responsibility)
to review, screen, refuse to post, remove in their entirety, or edit (at any time
and without prior notice) any Guest Books, Guest Book entries, Moving Tributes,
Life Stories, photos, Memorial Websites or any Material that Legacy.com, Inc. believes,
in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above.
Legacy.com, Inc. also reserves the right (but disclaims any duty, obligation, or
responsibility) to refuse to post, remove in their entirety, or edit (at any time
and without prior notice) any Guest Books, Guest Book entries, Moving Tributes,
Life Stories, photos, Memorial Websites or Material on the Site for any reason or
no reason whatsovever, in its absolute and sole discretion. In cases in which payment
has been made for a Guest Book, Guest Book entry, Moving Tribute, Memorial Website,
Enhanced Obituary, or Life Story that has been removed for reasons other than a
breach of 2(b), 3(a) or 3(b) above, Legacy.com, Inc., will issue a full refund.
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The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse 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 this Site infringes your copyright, you (or your agent) may send Legacy.com,
Inc. a notice requesting that the Site 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 Site 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 Legacy.com,
Inc. to locate the content or Material on the Site; (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 Site should be sent
to Legacy.com, Inc,
820 Davis Street
Suite 210,
Evanston,
IL,
60201,
Contact Us.
Legacy.com, 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
Proprietary Rights. You acknowledge and agree that this Site contains proprietary information and content that is
protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance,
written permission of Legacy.com, Inc. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof),
and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site
are ©1999-2008 Legacy.com, Inc., all rights reserved.
4. Termination and Modifications to Site
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Legacy.com, Inc. reserves the right, in its sole and absolute discretion, to modify,
suspend, or discontinue at any time, with or without notice, this Site and/or services
offered on or through the Site (or any part thereof), including but not limited
to the Site’s features, look and feel, and functional elements and services relating
to Guest Books, Moving Tributes, Life Stories, Enhanced Obituaries, Memorial Websites,
and other services provided by Legacy.com, Inc.
You agree to indemnify and hold Legacy.com, Inc., its parents, subsidiaries and
affiliates (including its Affiliate Newspapers), agents, officers, directors, or
other employees harmless from any claim, demand, or damage (whether direct, indirect,
or consequential, including reasonable attorneys’ fees, made by anyone in connection
with your use of this Site, with Material or Information you Submit on or through
this Site, with any alleged infringement of intellectual property or other right
of any person or entity relating to the Site, your violation of these Terms of Use,
and any other acts or omissions relating to this Site.
6. Disclaimer of Warranties
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THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE
(WHETHER PROVIDED BY LEGACY.COM, INC., YOU, OTHER USERS, AFFILIATE NEWSPAPERS, AND
OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT,
PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEGACY.COM, INC. DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability
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IN NO EVENT SHALL LEGACY.COM, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR
DAMAGES WHATSOEVER (EVEN IF LEGACY.COM, INC. HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR
ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. LEGACY.COM, INC. ASSUMES
NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. LEGACY.COM,
INC. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION
WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH
THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED
TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY,
PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN NO EVENT SHALL LEGACY.COM, INC.’S 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 (A) THE AMOUNT PAID BY YOU TO LEGACY.COM, INC.
OR A NEWSPAPER AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
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YOU AND LEGACY.COM, INC. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS
OF LIABILITY IN THESE TERMS OF USE 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 LEGACY.COM, INC. AGREE THAT THE WARRANTY DISCLAIMERS
AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
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IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT
AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE.
8. Cancellation, Termination, Transfer, and Expiration of Account or Services
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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 Legacy.com, Inc. If you cancel or terminate your account or any
services or upon expiration of your account or service, your cancellation/termination/expiration
will take effect immediately. Upon termination, your right to use your account or
service immediately ceases. Your notice to Legacy.com, Inc. of cancellation or termination
must be sent via email or conventional mail to Legacy.com, Inc.’s address as set
forth in these Terms of Use.
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Legacy.com, Inc., in its sole and absolute discretion, and at any time and with
or without prior notice to you. may suspend, cancel, transfer, or terminate your
password, account, any site within an account and/or use of any services provided
on or through this Site for any reason whatsoever (including and without limitation,
due to lack of use, commercial use, cybersquatting, Legacy.com’s resolution of any
dispute among multiple persons claiming the right to use the same or similar accounts
or services, or Legacy.com, Inc.’s belief, in its absolute and sole discretion,
that you have violated or acted inconsistently with the letter or spirit of these
Terms of Use). In the event of a dispute or conflict among, or complaint from, users
of the Site about another’s right to establish, use, or maintain an account or service
on the Site, Legacy.com reserves for itself the sole right to determine whether
or how to resolve such dispute, conflict or complaint, with or without factual or
other investigation.
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Upon expiration, or cancellation or termination by either party, of your account,
your password, and/or use of any service provided on or through this Site, you will
have no right to any Material or Information you Submitted, and Legacy.com, Inc.
may temporarily or permanently block access to, remove, deactivate, delete, and
discard all such Material or Information contained therein (including but not limited
to any Guest Book, Guest Book entry, Moving Tribute, Memorial Website, Enhanced
Obituary, or Life Story). Legacy.com, Inc. accepts no liability for removed or deleted
Material or Information. In addition, any contracts (verbal, written, or assumed)
with respect to your account, Material or Information you Submit, and/or use of
any service on the Site, will be terminated at Legacy.com, Inc.’s discretion. You
agree that Legacy.com, Inc. shall not be liable to you or any third-party for any
termination of your access to any service.
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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 Legacy.com, Inc.
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In connection with Legacy Memorial Websites, the following terms shall also
apply:
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The creator and manager of a Memorial Website shall be known as the "Site Host."
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The party who pays for the Memorial Website shall be known as the "Site Sponsor."
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Both the Site Host and Site Sponsor shall be governed by these Terms of Use.
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The Site Host shall have the right of first refusal to be the Site Sponsor, however,
if the Site Host does not choose to become the Site Sponsor following the trial
period, if any, Legacy.com may allow another party to become the Site Sponsor. The
Site Sponsor’s name will appear on the first page of the Memorial Website after
the statement, "Sponsored by…." If a party other than the initial Site Host becomes
the Site Sponsor within the trial period, if any, the Site Host may elect to become
the Site Sponsor, and Legacy.com, Inc. shall refund the first Site Sponsor’s fee
in its entirety. If the fourteen day trial period expires without a Site Sponsor,
the Memorial Website shall be archived until such time as a Site Sponsor sponsors
the Memorial Website.
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In the event that a Site Host is unwilling or unable to continue to serve as
Site Host, said Site Host may notify Legacy.com, Inc. in writing of his/her intention
to cease serving as Site Host and to appoint a new Site Host. Legacy.com, Inc. may
(but is not obligated) to inquire in writing whether a Site Host intends to continue
to serve as Site Host. If the Site Host does not appoint a new Site Host, Legacy.com,
Inc. may notify the Site Sponsor, if different from the Site Host, to request the
appointment of a new Site Host. Thereafter, if the Site Sponsor does not appoint
a new Site Host, Legacy.com, Inc. may, at its discretion, at any time, archive the
Memorial Website until such time as a new Site Host requests permission to become
the Site Host of the Memorial Website.
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Legacy.com, Inc. does not screen and is not otherwise obligated to screen Material
posted to a Memorial Website. Legacy.com, Inc. reserves the right, however, to remove
any Material posted to a Memorial Website if said Material does not otherwise comport
with these Terms of Use.
9. Permanence of Material
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Subject to its suspension, cancellation, and termination rights and rights to remove
Material, Legacy.com, Inc. represents that each Guest Book and Moving Tribute sponsored
as "permanent" will remain on this Site for the duration of Legacy.com, Inc.’s existence,
and that each Guest Book sponsored as "one year" will remain on this Site for one
year from the date of sponsorship, unless: (a) this Site ceases to exist in whole
or in part during the relevant period; or (b) acts or events beyond the reasonable
control of Legacy.com, Inc. cause a deletion, loss of data, failure to store, or
other interruption in or termination of the availability of the Site or a Life Story,
Guest Book, or Moving Tribute that you sponsored, or any other service to which
you subscribed. You may at any time ask Legacy.com, Inc. to delete without charge
a Life Story, Guest Book, Moving Tribute, Memorial Website, Enhanced Obituary, or
other service that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before
a Minor can use the Site. Use of any part of the Site is confirmation that the person
is an adult or a Minor who has received permission from a parent, guardian or educational
supervisor to use the Site. A parent, guardian or educational supervisor will be
responsible for any activities of a Minor on the Site regardless of whether the
Minor has received permission from the parent, guardian or educational supervisor
to use the Site.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, Legacy.com, Inc. hereby notifies
You that parental control protection (such as computer hardware, software or filtering
services) are commercially available that may assist You in limiting material that
is harmful to Minors. Information indentifying current providers of such protections
is available at the web site America Links Up (http://kids.getnetwise.org/americalinksup/index2.html)
11. Your account, password, and security
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Some services offered on the Site (such as the creation of a Life Story, Guest
Book, Moving Tribute, Memorial Websites, Enhanced Obituary, or other service) may
require you to register and/or create an account with Legacy.com, Inc.. During this
process, you must select an account designation and password and provide certain
personal information to Legacy.com, Inc., including a valid email address. In consideration
of the use of Legacy.com, Inc.’s 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 Legacy.com, Inc. has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Legacy.com, Inc. has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
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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 Legacy.com, Inc. of
any known or suspected unauthorized use(s) 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; and (b) ensure that you exit from your
account at the end of each session. Legacy.com, Inc. 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.
12. Links and Farming
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As a courtesy to you, this Site may offer links to other websites. Some of these
websites may be affiliated with Legacy.com, Inc. while others are not. Legacy.com,
Inc. is not responsible for the contents of any website pages created and maintained
by organizations independent of Legacy.com, Inc. Visiting any such third-party website
pages is at your own risk. Legacy.com, Inc. has no control of these third-party
website pages, nor can it guarantee the accuracy, completeness, or timeliness of
information in third-party website pages. Your use of such information is voluntary,
and your reliance on such information should be made only after independent review.
References to commercial products or services within any such third-party website
pages do not constitute or imply an endorsement by Legacy.com, Inc. By using this
Site you acknowledge that Legacy.com, Inc. is responsible neither for the availability
of, nor the content located on or through any third-party website pages.
LEGACY.COM®, WHERE LIFE STORIES LIVE ON®, LEGACY NOTICE®, OBIT FINDER® and MOVING
TRIBUTES® are registered trademarks of Legacy.com, Inc. LEGACY MEMORIAL WEBSITES™
is a common law trademark of Legacy.com, Inc. Such trademarks and other marks, logos,
and names of Legacy.com, Inc., used on or in connection with this Site may not be
used in connection with any product or service that is not under Legacy.com, Inc.’s
ownership or control. Furthermore, such trademarks may not be used in any manner
that is likely to cause confusion among customers or in any manner that disparages
or discredits Legacy.com, Inc. All other trademarks not owned by Legacy.com, Inc.
or its affiliates (including its Affiliate Newspapers) that appear on this Site
are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Legacy.com, Inc. or its affiliates (including its
Affiliate Newspapers).
You acknowledge that these Terms of Use are supported by reasonable and valuable
consideration, the receipt and adequacy of which are hereby acknowledged. Without
limiting the foregoing, you acknowledge that such consideration includes, without
limitation, your use of this Site and receipt or use of data, content, products,
services, Material and Information available at or through this Site, the possibility
of our review, use or display of your user-generated content, and the possibility
of publicity and promotion from our review, use or display of your user-generated
content.
15. Third Party Software
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If you elect to download or access any third party software that Legacy.com, Inc.
makes available in connection with the Site, you understand that you may have to
agree to that third party provider’s terms of use or license before you use such
software. You also agree that the use of any third party software or content obtained
in connection with the services provided on the Site does not transfer to you any
rights, title or interest in or to such software or content, and you agree that
you will not use any such software except as expressly authorized under that third
party provider's terms of use or license agreement. By downloading software made
available through the Site you are deemed to agree to the third party provider’s
terms of use or license agreement, the terms of which are incorporated by reference
herein for the benefit of such third party providers. If you do not agree to the
third party’s terms of use or license agreement, do not download its software.
16. Jurisdiction, Applicable Law, and Limitations
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This Site is created and controlled by Legacy.com, Inc. in the State of Illinois,
U.S.A. You agree that these Terms of Use will be governed by and construed in accordance
with the laws of the United States of America and the State of Illinois, without
regard to its conflicts of law provisions. Use of this Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms of Use.
Legacy.com, Inc. makes no claims or assurances that the Site is appropriate or may
be downloaded outside of the United States. You agree that all legal proceedings
arising out of or in connection with these Terms of Use, or services available on
or through the Site must be filed in a federal or state court located in Chicago,
Illinois, within one year of the time in which the events giving rise to such claim
began, or your claim will be forever waived and barred. You expressly submit to
the exclusive jurisdiction of said courts and consent to extraterritorial service
of process.
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Enforceability. If any portion of these Terms of Use is found to be void,
invalid or otherwise unenforceable, then that portion shall be deemed to be superseded
by a valid, enforceable provision that matches the intent of the original provision
as closely as possible. The remainder of these Terms of Use shall continue to be
enforceable and valid according to terms contained herein.
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Entire Agreement. Except as expressly provided in a particular "Legal
Notice" or other notice on particular pages of the Site, these Terms of Use, which
hereby incorporate by reference the terms of Legacy.com, Inc.’s and Ning’s Privacy
Policies, constitute the entire agreement between you and Legacy.com, Inc., superseding
all prior agreements regarding this Site.
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No Waiver. The failure of Legacy.com, Inc. to exercise or enforce any
right or provision of the Terms of Use 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 of Use or for failure in performance resulting from acts or events
beyond the reasonable control of such party and arising without its fault or negligence,
including, but not be limited to, acts of God, civil or military authority, interruption
of electric or telecommunication services, civil disturbances, acts of war or terrorists,
strikes, fires, floods or other catastrophes.
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Headings & Construction. The section titles in the Terms of Use are for
your convenience only and carry no contractual or legal effect whatsoever. The language
in these Terms of Use shall be interpreted in accordance with its fair meaning and
shall not be strictly interpreted for or against either party.
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Contact Legacy.com. For purposes of providing notice of cancellation
or termination, contact Legacy.com, Inc. at
Contact Us
or Legacy.com, Inc,
820 Davis Street
Suite 210,
Evanston,
IL
60201.
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