Terms & Conditions
Last Updated: Aug 20, 2024
Welcome to Memoria Sky. These Terms and Conditions ("Terms") govern your use of our website, www.memoriasky.com (the "Site"), and any services, features, or content available on or through the Site. Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
1. Use of the Site
Eligibility
You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you are at least 18 years old.
License to Use the Site
Memoria Sky grants you a limited, non-exclusive, non-transferable, revocable license to use the Site for your personal or business use, in accordance with these Terms.
Prohibited Uses
You agree not to use the Site for any unlawful or prohibited purpose. You may not:
- Interfere with or disrupt the Site or servers connected to the Site.
- Attempt to gain unauthorized access to the Site or any associated networks or systems.
- Use the Site to transmit any harmful, threatening, defamatory, obscene, or otherwise objectionable material.
- Use any automated means to access the Site, including bots, spiders, or scrapers.
- Misrepresent your identity or affiliation with any person or entity.
- Use the Site to send unsolicited or unauthorized advertising, promotional materials, or spam.
2. Account Registration
User Accounts
To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to immediately notify Memoria Sky of any unauthorized use of your account or any other breach of security.
3. Services
Service Offerings
Memoria Sky provides a platform to assist users in planning and managing funeral services, including connecting with service providers, organizing memorial events, and other related services ("Services"). The specific terms and conditions for each Service will be set forth in separate agreements or terms applicable to those Services.
Third-Party Services
The Site may include links to third-party websites or services ("Third-Party Services"). Memoria Sky is not responsible for the content, accuracy, or opinions expressed in such Third-Party Services, and you access these at your own risk.
4. Payment and Fees
Fees
Some Services offered through the Site may require payment. You agree to pay all fees or charges associated with your use of the Services in accordance with the billing terms in effect at the time a fee or charge is due and payable.
Payment Methods
You must provide valid payment information (e.g., credit card, debit card) to use certain Services. You agree to provide accurate payment information and authorize Memoria Sky to charge the payment method provided for any fees due.
5. Intellectual Property
Ownership
All content, features, and functionality on the Site, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, the "Content"), are the exclusive property of Memoria Sky or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
License to Use Content
Memoria Sky grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content for your personal or business use. This license does not include any resale or commercial use of the Content, or any derivative use of the Site or its Content.
Prohibited Uses of Content
You may not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Content without the prior written consent of Memoria Sky.
6. User Content
User-Generated Content
The Site may allow users to post, upload, or submit content, including but not limited to text, images, and comments ("User Content"). By submitting User Content, you grant Memoria Sky a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
Responsibility for User Content
You are solely responsible for your User Content. You represent and warrant that you own all rights to your User Content or have the necessary rights to grant the licenses to Memoria Sky, as described in these Terms.
7. Termination
Termination by Memoria Sky
Memoria Sky reserves the right to suspend or terminate your access to the Site, with or without notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.
Termination by You
You may terminate your account at any time by contacting us at the information provided below. Termination of your account will not relieve you of any obligations to pay any outstanding fees or charges.
8. Disclaimers
No Warranty
The Site and all Content and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Memoria Sky does not warrant that the Site, Content, or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by law, Memoria Sky, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site or Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, or other harmful code that may be transmitted to or through our Site or Services; or (iv) any errors or omissions in any Content or for any loss or damage incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available through the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Memoria Sky has been informed of the possibility of such damage.
10. Indemnification
You agree to indemnify, defend, and hold harmless Memoria Sky, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of the Site, violation of these Terms, violation of any rights of another, or conduct in connection with the Site.
11. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in California.
12. Changes to These Terms
Memoria Sky may revise these Terms from time to time at our sole discretion. If we make changes, we will post the revised Terms on the Site and update the "Last Updated" date at the top of these Terms. Your continued use of the Site following the posting of changes means you accept the revised Terms.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Memoria Sky
Attn: Privacy Officer
P.O. Box 2809
Fremont, CA 94536
Email: [email protected]
Phone: (415) 582-6450
These Terms and Conditions set forth the entire understanding and agreement between you and Memoria Sky regarding the use of the Site. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.