TERMS

Executive Systems Diversified (hereafter referred to as “ESD” or “Company”)
Online Memorial Site Terms and Conditions of Use (the “Terms”)

The Company provides various services and tools that allow users to have memorial websites built and maintained, receive tributes, preserve photos and video memories, have loved one’s biography and timeline displayed to tell the story of an individual’s life, invite family and friends to remember and honor, and convey remembrances of friends and loved ones for other to see. These services and tools shall collectively be known as the “Services”. The Company offers and/or applies the Services at www.memorial324.com and on other Company websites and applications that are powered by the Company, including memorial websites developed by the Company including all programs, applications, and scripts (hereafter known as, “Platforms” or “Platform”). Please read the following Terms before applying and registering for the Services.

By downloading, viewing, using, accessing, browsing or submitting any content or materials to acquire the Services, you are agreeing to be bound by these Terms, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, without limitation or qualification.

The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Company to acquire the Services. If you do not agree with any of these Terms, you are prohibited from ordering, using, or acquiring the Services. The coding, programs, applications, materials, and documents contained in the Services are protected by applicable copyrights and trademark laws.

Users

Visitors to the Platform, or others, who inquire about, or order the Services (hereafter referred to as the, “Customer”,“ Customers”, or “Potential Customer”, or “Potential Customers”, or “User”, or “Users”) are bound by these Terms, whether or not they have registered with the Company, or on the Platforms. There are two main categories of Users, some with unique sets of rights and responsibilities, others with general rights. The categories are:

a.  “Account Holders” are individuals with registered accounts with Company or on the Platform, and are paying monthly fees for their memorial websites. Account Holders might be the purchaser of one or more memorials, or they may be a valid representative of an Account Holder and have decision making authority given by the Account holder to make decisions about the content on the Platform (memorial website). 

Account Holders who create, submit, manage, and administer the submission of content on a memorial site should, where possible, be the spouse, child, parent, sibling, grandchild, grandparent, or close personal friend of the subject of the memorial site, or have authorization from one of the above.

In the event of a dispute or conflict among, or complaint from Users regarding who is entitled to act as an Account Holder of a memorial site or what content should be on a site, we will endeavor to respect the desires of the memorial subject’s immediate family. We reserve for ourselves the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation, including the right to remove the page entirely.

b.  “Guests” are individuals without registered accounts on the Platform or with the Company. Guests may view, comment on, and download content from memorial pages, subject to the approval of Company or the Account Holder.

User License

Company hereby grants all Users the temporary right to view any content on the Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a.  modify or copy the materials;

b.  use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

c.  attempt to decompile or reverse engineer any software contained on the Platform;

d.  remove any copyright or other proprietary notations from the materials; or

e.  transfer the materials to another person or "mirror" the materials on any other server.

User Conduct

You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

a.  not to host, submit content to, or use the Services without the consent of a parent or guardian if you are under the age of 13 (a "Minor");

b.  not to use the Services for illegal purposes;

c.  not to use fake contact information, or contact information that includes unusual capitalization, numbers, repeating characters or symbols;

d.  not to commit any acts of infringement on the Services or with respect to the Services’ content;

e.  not to use the Services to engage in commercial or political activities;

f.    not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comply with the purpose or spirit of the Services, including but not limited to: any kind of cyberbullying or otherwise malicious behavior, whether towards other Users or Company members, creating a memorial page for an individual who is not deceased, defaming an individual or their likeness, impersonating an individual, and linking to any commercial or other website from the Services;

g.  not to attempt to gain unauthorized access to other computer systems from or through the Services;

h.  not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

i.    not to upload or transmit viruses or other harmful, disruptive or destructive files;

j.    not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. In such cases where your use of the Services is through a paid account, no refund will be given. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Availability of Services

We may suspend or terminate the availability of the Services and Platform, in whole or in part, to any individual User or all Users, for any reason, in our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services and Platform.

Event Linking

We are not responsible for problems that may arise relating to a funeral or other event as a result of account termination, or lack of support from Account Holders Members.

Sharing Your Content and Information

You confirm that you own or have authorization from the owner for all of the content and information you post on the Platform. Account Holders can control how the information is used or disseminated on a memorial site. In addition:

a.  Portions of the Services may allow you and other Users to contribute material to be displayed on the Services ("User Provided Content"). For User Provided Content, we are merely hosting and providing access. We cannot accept any liability with regard to such material (including with respect to its accuracy).

b.  The decision to submit or upload information for use by the Services is your responsibility and you should only submit content that belongs to you or that you have authorization to use and that will not violate the rights of others. Be aware that you should not reproduce or submit anything without permission of the owner of the content. By submitting material to ESD or its representatives for use by the Services, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon our request you agree to furnish us with any documentation, proof and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

c.  For content that is covered by intellectual property rights, like photos, documents, and videos (“IP Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you submit for use in the Services or in connection with the Platform or Services (“IP License”).

d.  When you request deletion of IP Content, you understand that removed content may persist in backup copies for a reasonable period of time. You further understand and are aware that even after IP Content has been removed from the Platform, copies of content posted publicly may be preserved in cashed or archived paged and may have been captured and stored by other Users pursuant to the User License paragraph above.

Safety

We do not guarantee safety on the Platform. To help maintain the safety of the Platform, you commit to the following:

a.  You will not post unauthorized commercial communications (such as spam) on the Platform.

b.  You will not collect Users content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

c.  You will not upload viruses or other malicious code.

d.  You will not solicit login information or access an account belonging to someone else.

e.  You will not post content that is: hate speech, defamatory, threatening, or pornographic; incites violence; or contains nudity or violence, or is political in nature.

f.    You will not facilitate or encourage any violations of these Terms or our policies by other third parties.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

a.  You will not post content or take any action on the Platform that infringes or violates someone else's rights or otherwise violates the law.

b.  You will not use the Platform to do anything misleading, malicious, or discriminatory.

c.  We can remove any content or information you post on the Platform if we believe that it violates these Terms or our policies.

d.  If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

e.  If you repeatedly infringe other people's intellectual property rights, we will disable your account and suspend your memorial site indefinitely when appropriate.

f.    You will not use ESD copyrights or trademarks, or any confusingly similar marks without our prior written permission.

g.  You will not submit for use by the Services anyone's identification documents or sensitive information for use on the Platform.

Failure to Pay Fees Timely

PLATFORMS (MEMORIAL WEBSITES) ARE CONSTRUCTED ON A FEE FOR SERVICE BASIS. AS LONG AS MONTHLY HOSTING FEES ARE PAID ON TIME, THE PLATFORM WILL BE PUBLISHED ON THE INTERNET AND MAINTAINED ON COMPANY HOSTING SERVERS. IF FEE PAYMENT IS DELINQUENT FOR ANY REASON, THE PLATFORM (MEMORIAL WEBSITE) WILL BE TAKEN DOWN AND WILL NO LONGER BE VISIBLE ON THE INTERNET. 

Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY COMPANY "AS IS". WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN RELATION TO THE SERVICES. WE DO NOT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY OF THE SERVICES AT ALL TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE TAKE REASONABLE STEPS TO PROTECT ALL DATA STORED ON OUR WEBSITES AND ARE NOT LIABLE FOR ANY LOSS OF DATA OR DATA BREACH.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Revisions and Errata

The materials appearing on the Platform could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Platform are accurate, complete, or current. We may make changes to the materials contained on the Platform at any time without notice. We do not, however, make any commitment to update the materials.

Links

We have not reviewed all of the sites linked to the Platform and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company or the Platform. Use of any such linked web site is at the User's own risk.

Terms Modifications

We may revise these Terms at any time without notice. By using the Platform and Services you are agreeing to be bound by the then current version of these Terms.

Governing Law

Any claim relating to Company, the Services, or the Platform shall be governed by the laws of the state of Virginia in the United States of America without regard to its conflict of law provisions.

Other

a.  This Statement makes up the entire agreement between the parties and supersedes any prior agreements.

b.  If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

c.  If we fail to enforce any of the Terms, it will not be considered a waiver.

d.  Any amendment to or waiver of these Terms must be made in writing and signed by us.

e.  You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

f.    All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

g.  Nothing in these Terms shall prevent us from complying with the law.

h.  These Terms do not confer any third-party beneficiary rights.

i.    We reserve all rights not expressly granted to you.