Terms Of Service

ALIVE IN MEMORIES LLC

Terms & Conditions

Alive In Memories LLC owner-operator of https://www.sharingourmemories.com (also referred to as the "Company" or "Alive In Memories LLC"), located online at https://www.sharingourmemories.com (the "Website" or "www.sharingourmemories.com"), is an online media platform that allows users (the "Users") to build, save, and share memories using uploaded images, audio, video, and the like. These Terms of Use constitute a binding agreement between Alive In Memories LLC and the User governing use of the Website. By visiting the Website, the User agrees to be bound by all of the terms and conditions of the Terms of Use, whether you are a "Visitor" (which means you are just browsing https://www.sharingourmemories.com) or a "Registered Subscriber User" (which means you have registered and/or subscribed to https://www.sharingourmemories.com).

If you do not agree to these Terms of Use, please do not register for or enter the Website. The Company may also modify the Terms of Use at any time, without notice. Any modifications shall be posted on this page. Your continued use of the Website after any modification will mean you agree to the Terms of Use as modified. If you do not agree to a modification, you should stop visiting Alive In Memories LLC immediately.

These Terms Of Use are enforced so that Users, content providers, and service providers may feel safe and respected. If we believe you have breached the Terms of Use, we may, without notice, suspend or terminate your ability to access the Alive In Memories LLC Website and/or any other service, specific content, digital products, products, courses or events, provided to you by Alive In Memories LLC, including any personal website.

Registered Users

Visitors to https://www.sharingourmemories.com may choose to register their identifying information and become "Registered Users." Others may become Registered Users via a separate agreement with Alive In Memories LLC. As a Registered User, you have your own account consisting of access to content, tools and other services reserved solely for Registered Users.

Each Registered User may receive a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account on https://www.sharingourmemories.com. You agree to immediately notify Alive In Memories LLC of any unauthorized use of your password or account or any other breach of security of which you become aware.

Alive In Memories LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

By registering at https://www.sharingourmemories.com, you agree to provide true, accurate, current and complete information about yourself and the people you are honoring in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Alive In Memories LLC suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, we may delete anything you have posted, including but not limited to information about yourself, and you may be barred from using the Website.

Users Who Are Age 18 and Younger

https://www.sharingourmemories.com is not directed at children under thirteen (13) years of age. Any registration with, use of, or access to https://www.sharingourmemories.com by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms of Use. Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children. Because https://www.sharingourmemories.com contains user-generated content, please be aware the Http://www.sharingourmemories.com users may have created areas on the Website that contain adult or mature content.

Privacy Policy

Your use of https://www.sharingourmemories.com is subject to our Privacy Policy. To view the Alive In Memories LLC Privacy Policy, please click here

Reliance on Information

https://www.sharingourmemories.com presents resources for the purpose of informing, sharing, and creating a community among https://www.sharingourmemories.com Visitors and Registered Users; Alive In Memories LLC' intent is not to provide exhaustive information or advice on a particular topic. The information contained here should not replace a consultation with a qualified expert in the appropriate field, such as a healthcare specialist, nurse, mental health professional, health care provider attorney, or therapist.

Other Parties and Websites

From time to time, Alive In Memories LLC may make available to you certain services offered by third parties, and certain pages of https://www.sharingourmemories.com may include links to other parties' Websites. Those third-party services and Websites are not governed by these Terms of Use but may be governed by other terms of use. Also, Alive In Memories LLC does not review all the content of these external Websites and is not responsible for the quality of information or links on any of the external Websites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Copyright

Alive In Memories LLC is the owner of the Website as a whole, and of any individual content on the Website that is provided by Alive In Memories LLC staff members, or contributors who provide work under contract with Alive In Memories LLC. All Alive In Memories LLC content is protected under the copyright and intellectual property laws of the United States and other countries. The Website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of https://www.sharingourmemories.com content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from https://www.sharingourmemories.com. You may not incorporate the information, content, or other material on https://www.sharingourmemories.com in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Website, except as specifically noted above.

Except as specifically authorized by Alive In Memories LLC, you may not access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or material on this Website. Alive In Memories LLC reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not frame to any pages of this Website or any content contained therein, whether in whole or in part.

Contributions Posted by Alive In Memories LLC Users

https://www.sharingourmemories.com is a website that provides Users with the tools to investigate, understand, capture, and share their journeys. The interactive nature of postings on https://www.sharingourmemories.com makes it impossible for the Company to assume responsibility for any of the materials posted by Visitors and Users. The content, ideas, suggestions, opinions, comments, and observations made by Website Users, and any text, data, photographs, video, music, sound, chat, messages, Commemoration Content, files or other material provided to us by https://www.sharingourmemories.com Visitors and Registered Users (all of which are referred to as "User Content") are not endorsed by Alive In Memories LLC, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual. By sending User Content to Alive In Memories LLC, or posting it on the Website, you are representing that you are the creator of the material you submit, or have authorization to distribute it, and that the User Content does not violate these Terms of Use.

There are three privacy settings on Alive In Memories LLC. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to Alive In Memories LLC, or posting it on the Website, you expressly grant Alive In Memories LLC a worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to archive, store, or transmit the User Content in any form, media, software or technology of any kind now existing or developed in the future, including republishing the material on partner websites or publications or in the Internet Archive.

Unless you choose "private" as your initial privacy setting, by sending User Content to Alive In Memories LLC, or posting it on the Website, you also expressly grant Alive In Memories LLC a worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to publicly display, use, reproduce, modify, publish create derivative works from, archive and distribute the User Content in any form, media, software or technology of any kind now existing or developed in the future. Should you change your privacy setting from Public or Semi-Public to Private at a later date, Alive In Memories LLC is not responsible for the User Content that may have previously been distributed to other websites or used in any other derivative products.

Without limiting the generality of the previous sentence, you also grant Alive In Memories LLC the right to use your User Content and any facts, data, ideas, concepts or know-how contained in the User Content you provide to us for any purpose whatsoever, including, without limitation, enhancing the Website and/or developing, promoting and marketing other products and services. This license will continue perpetually unless and until you remove your user content from the Website, at which time the license granted here will automatically expire; provided however that Alive In Memories LLC may retain archived copies of your user content, and may continue to include, use, or display such user content in published materials (e.g. books, television products) created prior to such removal of your user content. Notwithstanding the foregoing, you acknowledge and agree that the license granted by you to Alive In Memories LLC for User Content included in obituaries or obituary notices or other commemorations (the "Commemoration Content") shall be irrevocable.

If you choose to post User Content on https://www.sharingourmemories.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of https://www.sharingourmemories.com reflects your respect for the legal rights of users connected with Alive In Memories LLC. In particular, you agree to the "Rules of Conduct" posted below (though this is not meant as an exhaustive list).

Users acknowledge that Alive In Memories LLC may or may not pre-screen User Content, but that Alive In Memories LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Website for any or no reason and with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all User Content you post on https://www.sharingourmemories.com, whether the User Content is included in obituaries, tributes, caregiver sites, memory books, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion or feature of https://www.sharingourmemories.com.

You may not, in connection with the Website, upload, post, email or otherwise transmit any User Content that:

  • provides false or deceptive information (including impersonating another person or entity, or giving false information about someone's death or other life milestone);
  • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
  • a reasonable person would consider excessive, inappropriate, harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited e-mail or spam;
  • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  • harms minors in any way;
  • solicits personal information from anyone under 18;
  • uses or creates inappropriate screen names or Group names; uses https://www.sharingourmemories.com as a forwarding service to another website;
  • does anything to prevent the full and complete display of advertisements on https://www.sharingourmemories.com pages (these include, but are not limited to, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Website);
  • exceeds the scope of the services that you have signed up for (for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other Content when you have not been granted the privileges to do so); or
  • allows usage by others in such a way as to violate Alive In Memories LLC' Terms of Use.

You may not, except in designated area, use the Website to:

  • upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, or email address; or
  • engage in commercial activities within https://www.sharingourmemories.com (such as by advertising or selling products or services, or inducing Registered Users and Visitors to the Website to enroll in a promotional or money-making enterprise).

In addition, you may not interfere in any way with the Website's networks or network security, or attempt to use the Website to gain unauthorized access to any other computer system.

Civil Discussion

The Creators of any given Alive In Memories LLC have complete authority to be more restrictive than the Rules of Conduct in the areas that they control.

It is important to note that Alive In Memories LLC is not an open forum for all viewpoints. It is primarily a place to honor and celebrate. Alive In Memories LLC reserves the right to remove any posts it feels undermines the spirit of respect and celebration at the heart of the website.

Alive In Memories LLC is not responsible for policing comments that might appear on other websites that republish Alive In Memories LLC.

Alive In Memories LLC Products and Services

Registered Users may create and maintain their own Alive In Memories LLC products and services within the Website. Such products and services may consist of user-generated content, Internet-based memory books, timelines, and other functionalities that enable users who visit the products and services (e.g. obituary or tribute) to communicate with each other.

In the Registered User's sole discretion, he or she may:

  • change the User Content's access designation (whether restricted or public) at any time; and
  • delete any User Content posted to the Alive In Memories LLC under their control.

Alive In Memories LLC may offer product or services that are "permanent," for a "lifetime," or "eternal" (the "Lifetime Products"), and others that indicate that they will survive for a fixed duration (e.g. one year) (the "Fixed Duration Products"). Subject to its suspension, cancellation, and termination rights and rights to remove user content and other material, Alive In Memories LLC represents that Lifetime Products will remain on the Website for so long as Alive In Memories LLC owns and maintains the Website unless acts or events beyond the reasonable control of Alive In Memories LLC cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Website or the applicable product or service to which you subscribed. In addition, material that has been archived with the Internet Archive will remain available as long as they maintain their open access.

Fees and Payments

You acknowledge that https://www.sharingourmemories.com reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time at its discretion. Billing will be processed immediately upon purchasing a https://www.sharingourmemories.com product and/or service. If https://www.sharingourmemories.com modifies, removes, discontinues or terminates your service, product or user registration you shall not be entitled to a refund. All sales are final. There are no refunds.

At any time, to request removal of your purchased product from the Website and/or to discontinue future recurring billing charges in connection with a purchased Alive In Memories LLC product and/or service, e-mail Customer Support at hello@sharingourmemories.com with your request. In the event that you request that the recurring billing charges in connection with a purchased Alive In Memories LLC product and/or service be discontinued, the applicable Alive In Memories LLC product or service will be removed from the Website at the expiration of the then-current term.

Copyright Infringement

Alive In Memories LLC respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Alive In Memories LLC and the Website, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. Alive In Memories LLC reserves the right, in its discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at https://www.law.cornell.edu/uscode/text/17/512.

Alive In Memories LLC' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: Info@sharingourmemories.com

By mail:

Alive In Memories LLC 2831 St Rose Pkwy, #200

Henderson, NV 89052

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

Users are solely responsible for your interactions with other Registered Users or Visitors to the Website. Alive In Memories LLC reserves the right, but has no obligation, to monitor or take action regarding disputes between Registered Users and/or Visitors. In the event of disputes, Alive In Memories LLC may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Website, turning public Alive In Memories LLC into private ones, and removing any User Content.

Indemnity

You agree to indemnify and hold Alive In Memories LLC and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Website, your use of the Website or other Alive In Memories LLC services, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

General Practices Regarding Use and Storage

Alive In Memories LLC may establish general practices and limits concerning use of the Website, including, for example, limits on the number of:

  • milestones which you may enhance / edit;
  • files (including graphics, photographs, videos, or sound/music files) that may be posted;
  • disk space that will be allotted on Alive In Memories LLC' servers on your behalf; and
  • times you may access the Website in a given period of time (and the maximum duration of your visits to the Website).

You agree that Alive In Memories LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by Alive In Memories LLC and its affiliated websites.

Modifications to the Website

Alive In Memories LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Alive In Memories LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Termination

Alive In Memories LLC may, under certain circumstances and without prior notice, immediately terminate your Alive In Memories LLC account and access to the Website and any other Alive In Memories LLC services, or change the account status from Public or Semi-Public to Private. Cause for such termination or status change shall include, but not be limited to:

  1. breaches or violations of the Terms of Use or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. a request by you (self-initiated account deletions);
  4. discontinuance or material modification to the Website (or any part thereof);
  5. unexpected technical or security issues or problems;
  6. engagement by you in fraudulent or illegal activities; and/or
  7. nonpayment of any fees owed by you in connection with the Website or any other Alive In Memories LLC products or services.

Termination of your Alive In Memories LLC account includes:

  1. removal of access to all pages within the Website;
  2. deletion of your password and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and
  3. barring of further use of the Website.

Further, you agree that all terminations for cause shall be made in Alive In Memories LLC' sole discretion and that Alive In Memories LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALIVE IN MEMORIES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.

ALIVE IN MEMORIES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

  1. THE WEBSITE OR ANY OTHER ALIVE IN MEMORIES LLC SERVICES WILL MEET YOUR REQUIREMENTS;
  2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ALIVE IN MEMORIES LLC WILL MEET YOUR EXPECTATIONS; AND
  5. ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIVE IN MEMORIES LLC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALIVE IN MEMORIES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALIVE IN MEMORIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE WEBSITE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
  3. AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  5. ANY OTHER MATTER RELATING TO THE WEBSITE OR ALIVE IN MEMORIES LLC.

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 LIABILITY MAY NOT APPLY TO YOU.

NOTICE

Alive In Memories LLC may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Website.

Violations of These Terms of Use

Please report any violations of the Terms of Use, including objectionable User Content or behavior, to hello@sharingourmemories.com Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Alive In Memories LLC in its sole discretion may investigate the matter and take such action as Alive In Memories LLC determines to be appropriate.

No Waiver

Alive In Memories LLC' failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that Alive In Memories LLC may at any time choose to take an action that it is permitted or legally entitled to take, even if Alive In Memories LLC has not taken such an action in the past, in the same or a similar situation.

Fees and Payments

If you purchase any services that we offer for a fee we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information, to our third party payment processor (the "Processor"), and such information must be accurate, current and complete. By purchasing something, you agree to, among other things, the Processor storing your payment card information. All payment information you provide to Processor will be submitted to Processor only (and not Alive In Memories LLC), subject to Processor's terms and conditions available