Terms & Conditions
1. Acknowledgment and acceptance of terms of use
Tribute Times memorial website is provided to you ("User") under the terms and conditions detailed in this document ("Terms of Use"). The Terms of Use comprises the entire agreement between User and Tribute Times and supersedes all prior agreements between the parties regarding the subject matter contained herein.
Each reference to “use of the website” herein means to view website content and/or to establish, edit and maintain private memorial websites by users of the website.
By using the website and/or creating a memorial website, you are indicating your agreement to be bound by all of the following terms and conditions.
2. Modifications to terms of use
Tribute Times may change the Terms of Use from time to time. Upon major changes in the Terms of Use, Tribute Times will notify all users who have created a memorial website in Tribute Times by sending an e-mail to the address they provided within their settings panel of their website.
User's continued use of the Service constitutes an affirmative: (1) acknowledgment by the User of the Terms of Use; and (2) agreement by User to abide and be bound by the Terms of Use and Terms of Use modifications.
3. Modifications to service
Tribute Times reserves the right to modify the service, including (and not limited to) its features, its look & feel, its behaviour and its functional elements.
4. Privacy policy
All information entered into Tribute Times by its Users is considered public, with the exception of the User contact information which is considered private unless explicitly set otherwise by the User.
Tribute Times will not disclose User's e-mail contact information to any third party and will also not monitor, edit, or disclose the contents of such information, unless:
- it was required to do so by law or
- in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Tribute Times; (b) protect and defend the rights or property of Tribute Times; or (c) act under exigent circumstances to protect the personal safety of Tribute Times users or the public; (d) fix or debug problems with the Tribute Times software/service.
- The User has violated a significant term of these Terms of Use.
- The operators of the website make reasonable efforts under the circumstances to protect User information and the User’s privacy. Still, because of the nature of the network, it is not possible to guarantee complete protection of that information. Accordingly, the User frees the operators of the website from any responsibility for any damage or injury whether direct or indirect, financial or other, that will be caused to the user as the result of disclosure of this information, regardless of the reason for the disclosure.
5a. Content ownership
The user grants the operators of the website the right to make use of all of the content which was uploaded by him, including their distribution and publication.
5b. Content responsibility
User acknowledges and agrees that Tribute Times neither endorses the contents of any of the memorial websites nor assumes responsibility for any of this content.
The operators of the website retain for themselves the right, solely at their discretion, to erase, edit or omit content that is not in keeping with the purpose of using this website. The operators of the website’s decision to do so is not to be construed as accepting responsibility for the content appearing on the website which was not placed there by them.
6. User account, password and security
Once a user creates a memorial website, he/she shall receive a password for editing and managing the website. He/she is entirely responsible if he/she does not maintain the confidentiality of his/her password and account. Furthermore, he/she is entirely responsible for any and all activities which occur under his/her account.
User agrees to immediately notify Tribute Times of any unauthorised use of User's account or any other breach of security known to User.
7. Disclaimer of warranties
user expressly agrees that use of the service is at user's sole risk. The service is provided on an "as is" and "as available" basis.
Tribute Times expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Tribute Times makes no warranty that the service will meet the user’s requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by user from or through the service shall create any warranty not expressly made herein.
8. User conduct
User is solely responsible for the contents of his or her memorial website.
User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
User agrees:
- to comply with US law regarding the transmission of technical data exported from the United States through the Service;
- not to use the Service for illegal purposes;
- not to interfere or disrupt networks connected to the Service;
- To comply with all regulations, policies and procedures of networks connected to the Service.
- not to upload, store or distribute content belonging to one or more of the types enumerated below via the website: Illegal content and/or content designated for carrying out illegal activity; Content which injures the operations of the website and/or users of the website; Content of a libellous, harassing, inciting, or insulting nature; Content containing viruses and software likely to be damaging; Content of an advertising and/or commercial nature; Content infringing on or harming copyrights; Content contradicting the Prohibition Against Defamation Law and/or the Privacy Protection Law; Junk-mail (spamming) for which the recipient has no use and from which receives no benefit.
- To use the website for commemoration, exclusively for the perpetuating the memory of the deceased in whose name the website was established.
- Not to use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
- Not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, or harmful material of any kind or nature.
- Not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation.
- Not to attempt to gain unauthorized access to other computer systems.
- Not to interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Tribute Times may, at its sole discretion, immediately terminate Service should User's conduct fail to conform to these terms and conditions of the Terms of Use.
9. Indemnification
User agrees to indemnify and hold Tribute Times, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of User's use of the Service, the violation of this Terms of Use by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
10. Termination and Refund policy
Payments for memorial website may be cancelled with full refund up to 30 days from the initial payment date. At this point the website and its contents will be deleted.
Either User or Tribute Times may terminate the Service with or without cause at any time and effective immediately. Tribute Times shall not be liable to User or any third party for termination of Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and tribute will have no obligation thereafter to deliver the user any of the content from the memorial websites.
11. Notice
All notices to a party shall be in writing and shall be made either via email or conventional mail. Tribute Times may broadcast notices or messages through the Service to inform User of changes to the Terms of Use, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
12. Proprietary rights to content
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Tribute Times or Tribute Times affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so.
13. Laws
The terms of Use shall be governed by and construed in accordance with the laws of United Kingdom. User and Tribute Times agree to submit to the exclusive jurisdiction of United Kingdom courts.
Failure by Tribute Times to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Tribute Times in writing.
14. Refund Policy
Under the Distance Selling Regulations you have a right to cancel your order for any payments made via this website, for a full refund within 7 days of purchase.
Tribute Times will allow a full refund on your memorial website payment if cancelled within the 30 days from the day of purchase.
To cancel you can email us (support@tributetimes.co.uk) or write to us (Tribute Times, the hideaway, spring road, Riddings, Derbyshire, DE55 4BS) within seven days of payment, quoting your bill number and your website address (e.g.: www.tributetimes.co.uk/msmith)
15. Card Payment Security
Security is probably one of the most significant concerns for both you, the client, and ourselves during an online transaction. In reality an online transaction is probably more secure than a card transaction in a shop or conducted over the telephone or by fax, as the information transmitted online is highly encrypted using complicated logarithm combinations.
Payment to Tribute Times will be via the Paypal service which offers one of the most secure methods of payment. Payment transactions will be guaranteed by Paypal and not Tribute Times.
16. Minors
The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Websites. Use of any part of the Websites is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Websites.
The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
Tribute Times can not be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 16 or over.
17. General
The Terms of Use are only available in English.
You must provide the Tribute Times with accurate, complete, and updated personal registration information
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