Terms & Conditions
1. GENERAL AGREEMENT
2. DESCRIPTION OF SERVICE
PermaVita Memorials provide you with a website to be used as an enduring tribute to your loved ones. The Service provides you with the means to document obituary and biographical information and store photos, videos and audio files for display to friends and family and/or the general public. The Service also provides guests visiting the websites with the ability to share information, if permitted by the site owner (Administrator).
You understand and agree that the Service is provided "AS-IS" and that PermaVita assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings. To use the Service, you must obtain access to the World Wide Web, pay any service fees for such access, and provide all equipment necessary to make such connection.
3. REGISTRATION & PRIVACY
You will receive a password and account name when you register. Please keep your password confidential at all times, because you are responsible for all activities that occur under your password or account. You agree to: (a) notify us immediately of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit your account at the end of each session. PermaVita 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.
The Service is intended for use only as provided in your Service Agreement. You agree not to use the Service for commercial purposes. You further agree that you will:
a. Not host, submit content to or use the services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");
b. Not deliver Content that contains software viruses or any other code, files or programs designed to damage or disrupt any software, hardware or telecommunications equipment and not use any robot, spider, or other automatic device, or manual process to copy our website or its Content for any purpose without express written permission of PermaVita.
c. Not use any device, software or routine to attempt to interfere with the proper working of this website or the service. Nor will you circumvent a technological measure that effectively controls, or is intended to control, access to this website or its Content.
d. Not interfere with or disrupt the Service or servers or networks connected to the Service nor take any action that imposes in PermaVita's sole discretion an unreasonable or disproportionately large load on the PermaVita infrastructure.
e. Not commit any acts of infringement on the Site or with respect to content on the Site;
f. Not copy, collect or store any content, including images, text, or personal information, for any purpose, commercial or otherwise, without the express written permission from PermaVita and the memorial owner (administrator);
g. Not use, modify or alter this service for any commercial, illegal 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, or linking to any commercial or other website;
h. Not attempt to gain unauthorized access to other computer systems from or through the Site;
i. Not to interfere with another person's use and enjoyment of the Site or another entity's use an enjoyment of the Site or harm or harass any person or entity;
j. Not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
You further agree to comply with all applicable laws of the country, state or province, and locality in which you reside regarding online conduct, acceptable Content and the transmission of technical data.
You are responsible for all data, text, photographs, videos, music, graphics, messages or other materials ("Content") that you post, transmit or otherwise make available to the Service. PermaVita does not control the Content delivered to the Service and does not guarantee or make any representations regarding the accuracy, integrity or quality of such Content. You agree that PermaVita is not liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of Content delivered to the Service.You agree not to Submit any Material that:
a. 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;
b. 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;
c. advertises, promotes or offers to trade any goods or services;
d. 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;
e. infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
f. links to any commercial or other website;
PermaVita does not pre-screen Content, but we shall have the right in our sole discretion to reject or remove any Content that is submitted through the Service. You agree to evaluate and bear all risks associated with the use of any Content.
You acknowledge and agree that PermaVita may preserve Content. Furthermore, PermaVita may disclose Content if, in the exercise of reasonable judgement, (i) PermaVita determines that disclosure is necessary to enforce the TOU, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of PermaVita, its affiliates, its users and the public or (ii) PermaVita's legal counsel determines that appropriate legal process requires disclosure.
7. REVIEW & REMOVAL OF MATERIAL
PermaVita 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 information in a Memorial Websites that PermaVita believes, in its absolute and sole discretion, may violate Sections 5 and 6 above.
You acknowledge that PermaVita may establish general practices and limits concerning use of the Service, including without limitation the number of days that memorial postings or other uploaded Content will be retained, the size of any message that may be posted, the disk space that will be allotted on PermaVita's servers on your behalf, and the amount of time during which you may access the Service.
9. MODIFICATIONS TO SERVICE
PermaVita reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In addition, PermaVita's ability to provide the Service is contingent upon many factors that may be out of our control, including, but not limited to, the continued availability of the internet as it presently exists or other technologies that may be available in the future that would allow for the continuation of such Service in essentially the same manner as they are provided today. You agree that PermaVita shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service for any reason.
You agree that PermaVita, in its sole discretion, may terminate your password, account or use of the Service, and may remove and discard any Content within the Service if PermaVita believes that you have violated the TOU. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that PermaVita may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You further agree that PermaVita shall not be liable to you or any third-party for any termination of your access to the Service pursuant to this Section.
The Service provides links to other World Wide websites or resources. You acknowledge and agree that PermaVita has no control over such sites and resources and is not responsible for the availability or content of such external sites or resources. You further acknowledge and agree that PermaVita shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PermaVita EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
b. PermaVita MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. LIMITATION OF LIABILITY
You understand and agree that PermaVita is not liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if PermaVita has been advised of the possibility of such damages) resulting from: (i) your use or inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
14. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 12 and 13 may not apply to you.
PermaVita, the PermaVita logo, PermaVita Memorials and other PermaVita logos and product and service names are owned by PermaVita. You agree not to display or use in any manner any of these without our prior written permission.
All Intellectual Property relating to the website is owned/and or licensed by PermaVita. Any re-publication of any part of the website or the displayed logo(s) is not allowed without express written permission.
You agree to indemnify, defend, and hold PermaVita, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand or loss made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of the rights of any other person or entity.
17. GENERAL INFORMATION
The TOU and the relationship between you and PermaVita shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. The failure of PermaVita to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.