ForeverRIP (“Company”) is an internet-based memorial service in which a User views, creates and/or shares memories of departed loves ones and/or prepares his or her own memorial through the use of text, images, videos, and/or music (“Services”) on the Site. The Services allows for an individual’s memories to be presented in an organized, personalized manner, which may otherwise not exist.
You are able to subscribe to the Site to receive up-to-date Services. By using the Site, You accept and agree to be bound by these Terms, without limitation, when You view or access its contents and/or Services.
A. You shall not use the Services for any illegal or unauthorized purpose. Unauthorized purposes include but are not limited to: copying, altering, modifying, or using of any of the Site’s contents or software or data in violation of U.S. Laws.
B. You shall not use any of the Services to violate any laws in Your jurisdiction (including, but not limited to, copyright laws).
C. You shall not use the Services in any manner that would compromise the Site or Services.
D. The Company reserves the right to terminate or restrict Your access to the Services if, in its assessment, Your use of the Services violates or may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the Terms. Also, the Company may refuse to grant You a user name that impersonates someone else, is protected by trademark or other proprietary right law, or, in the Company’s view, is vulgar or otherwise offensive.
A. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
B. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of copyrighted materials is permitted without the express written permission of the Company and the copyright owner; in the event express written permission is granted, You will not acquire any ownership rights to trademarks or copyrighted materials.
C. By using the Services, You guarantee that any information and/or materials that You submit to the Site is Your own or that you have proper permission to use such information and/or materials. You further guarantee that you are not violating any laws by submitting information and/or materials to the Site.
A. Free – Does not require payment; includes all features of the Site with advertisements.
B. Premium – A one-time payment is required; includes all features of the Site without any advertisements.
In order to create an account to start membership to the Services offered by the Company, You must be at least 18 years of age, or at least the age of majority in the jurisdiction in which you reside, whichever is older. You agree to pay the membership fee and any other charges incurred in connection with Your account for a Service at the rates in effect when the charges are incurred. Membership fee for Premium Membership shall be due at the beginning of Your membership. A. This Agreement will become effective on the date that an account is created and shall remain in effect until You deactivate your Membership or until the Site ceases to exist.
B. Premium Membership fee is not refundable.
C. Payment is due upon creation of the account.
The Company may link to, advertise, or promote websites or services from third-party companies or entities. You agree that the Company is not responsible for, and does not control, the third-party website and services from third-party companies or entities. The Company is not responsible or liable for any loss or damage of any sort incurred by You as the result of Your use of any third-party website or third-party service.
The Company may alter, modify, or otherwise change any Service or feature of a Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use, without little or no advance notice.
By using the Site, You agree that both You and the Company, including its present and future subsidiaries, will be obligated to arbitrate disputes, claims, and controversies that arise out of or relate to Your use of the Site(s) and/or the provision of content, services, and/or technology on or through the Site, and that any such proceedings will be conducted only on an individual basis (and not as a class action). You and Company both agree to waive the right to a trial in a Court. The decision resulting from arbitration is binding upon both You and the Company.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, and applicable Federal law, without regard to any conflict of laws principles. You agree that, in case of any dispute regarding any rights and/or obligations of either You or the Company under and/or related to these Terms and Services, the appropriate state courts or federal courts within the state of New York shall have exclusive jurisdiction.
Any delay or failure in the performance by Company to provide Services shall be excused if and to the extent caused by the occurrence of a Force Majeure. Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Company, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events that are beyond the reasonable anticipation and control of the Company, despite the Company’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company’s failure to provide the Services under these Terms.
If any of the provisions of these Terms is held to be invalid or unenforceable in whole or in part, all other provisions of these Terms will nevertheless continue to be valid and enforceable.
You shall indemnify and hold the Company harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees, personal injury, death or property damage, which You may incur arising out of or resulting from the use of the Company’s Services or the subject matter thereof. You assume all other liabilities relating to or arising from the Services or the subject matter thereof.