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 VM, 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. VM 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.
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.
C. 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.
3. Site Content
A. Nature of User Material. Some of the services offered by VM 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 Memorial Website.
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 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;
unfairly interferes with any third party's uninterrupted use and enjoyment of this Site;
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
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 permission of the owner of the copyrights in the 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 liability;
discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
harms or is inappropriate for minors to view;
links to any commercial or other website;
exceeds 4 minutes in length or duration when played on the Site;
B. 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:
you are the author of the Material, or
you have express permission from the copyright owner to post the Material onthis Site; and
C. User License Grant to VM You grant VM, its affiliates 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 VM 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 VM 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 VM 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 VM 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. VM does not claim ownership of Material you Submit to the Site.
D. Disclaimer of Responsibility for Material. You acknowledge and agree that VM does not control the Material Submitted to Memorial Websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. VM specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Memorial Website, or other Material. In addition, VM 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. VM assumes no responsibility or liability for any errors or omissions in the content of this Site.
E. Review, Removal and Change of Status of Material.
VM 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 photos, Memorial Websites or any Material that VM believes, in its absolute and sole discretion, may violate any of the aforementioned sections. VM 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 photos, Memorial Websites or Material on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. VM also reserves the right (at any time and without prior notice) to change the status of a Memorial Website from public access to private access upon complaint by a third party for any reason, in VM’s sole and absolute discretion. In cases in which payment has been made for a Memorial Website that has been removed or altered for reasons other than a breach of 2(A), 2 (B), 3(A) or 3(B) above, VM, will issue a full refund.
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 VM 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 VM 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 VM, Inc, P.O. Box Woodstock GA 30189, Contact Us. VM 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
4. Termination and Changes to Site
VM 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 Memorial Websites, and other services provided by VM.
6. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY VM, YOU, OTHER USERS, 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, VM 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
A. IN NO EVENT SHALL VM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF VM 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. VM 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. VM 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 VM’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 VM , IF ANY, OR (B) $100 (WHICHEVER IS LESS).
8. Cancellation, Termination, Transfer, and Expiration of Account/ Services
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 VM 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 Memorial Website. VM 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 VM’s discretion. You agree that VM shall not be liable to you or any third-party for any termination of your access to any service.
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 VM
The consent of a parent or guardian 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 or guardian 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, VM 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.
10. Your Account
Some services offered on the Site (such as the creation of a Memorial Website) may require you to register and/or create an account with VM. During this process, you must select an account designation and password and provide certain personal information to VM, including a valid email address. In consideration of the use of VM’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 VM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VM 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).
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 VM 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. VM 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.
As a courtesy to you, this Site may offer links to other websites. VM is not responsible for the contents of any website pages created and maintained by organizations independent of VM. Visiting any such third-party website pages is at your own risk. VM 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 VM. By using this Site you acknowledge that VM is responsible neither for the availability of, nor the content located on or through any third-party website pages
Virtual Memorials® registered trademark of VM MEMORIAL WEBSITES™ is a common law trademark of VM. Such trademarks and other marks, logos, and names of VM, used on or in connection with this Site may not be used in connection with any product or service that is not under VM’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 VM All other trademarks not owned by VM or its affiliates 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 VM or its affiliates.
14. Third Party Software
15. Jurisdiction, Applicable Law and Limitations
Contact VM. For purposes of providing notice of cancellation or termination, contact VM at Contact.