Memorialine Terms of Use

Dear User,
Thank you for joining Memorialine. The Memorialine service is available through a mobile app and a website located at https://memorialine.com/ (“Memorialine” or “the Services”). Memorialine allows you to build personal and community memorials and life web pages, using text, pictures, videos and other content.

General
1. Thank you for taking the time to read the following terms and conditions. These will clarify the relationship between you and us (as defined below) and familiarize you with the Terms of Use of Memorialine.

2. No provision in these Terms of Use shall be construed to diminish from any other provision.

3. If you disagree with any of the clauses stipulated in these Terms of Use, please stop using Memorialine immediately and remove it from your device.

4. The following headlines are for convenience only, and shall not affect the interpretation of any provision.

5. By accessing Memorialine, signing in or otherwise using Memorialine, whether by your computer, smartphone or any other electronic device, you agree to the Terms of Use specified in this document, or any future version of it. These Terms of Use shall apply to any action that you may take within Memorialine.

6. Memorialine may assign any and all of its rights and obligations pursuant to this document, in part or in whole, to any third party at its sole discretion.

7. In case of conflict between these Terms of Use and any other terms and conditions which may appear within the app, the Website or elsewhere, these Terms of Use shall prevail, unless such other conditions explicitly note otherwise.

8. In these Terms of Use the following definitions shall apply:

“User” – any person, corporation or other legal entity that accesses and/or uses Memorialine by any technical means. All Users must be competent and over 18 and must accept these Terms of Use.

“Memorialine,” “Us” or “We” or “Our” – the Memorialine Services, currently controlled by , including any companies related to Memorialine.com Ltd., and their managers, employees, shareholders, representatives, assigns and assignees, and/or any third party to whom the control over Memorialine has been transferred in whole or in part.

Contact Us; Claims
9. You may refer any questions or claims you may have pertaining to Memorialine to our contact e-mail at _________________________________.

10. If you were offended by any User Content (as defined below), or if you suspect that your rights, or the rights of any third party, have been violated by any User Content, please send us a claim via e-mail (“A Claim”). Please note, that we only address Claims submitted via e-mail. Memorialine shall not be held responsible for any damages that may be caused to any User or any third party from User Content.

11. In order for us to process a Claim, your request must specify or include:
A. A detailed screenshot of the infringing or offensive content.
B. The legal basis of your Claim (e.g. libel, invasion of privacy, copyright infringement, etc.).
C. Your full name and contact information.
D. Your consent to the referral of your Claim to relevant third parties for the purposes of our inquiry.
E. Any other information or material that we may require in connection with your Claim.
Non-response on your behalf could lead to denial of your Claim.

12. Your Claim is important to us. We will attempt to examine it and reply within thirty (30) business days. However, as we also wish to examine your inquiry thoroughly, we may sometimes need a longer examination period.

13. We review every Claim and use our best judgment. However, we do not always fulfill the claimant’s request and cannot guarantee that your Claim shall result in the removal of the reported content.

14. When submitting a Claim, do remember that you are taking a legal action that may have vast implications. You shall be solely responsible for the consequences of your Claim (e.g. losses that we may suffer following unjustified removal of content pursuant to your Claim). We strongly recommend that you avoid filing a Claim if it is not fully justified and substantiated.

15. We may, at our discretion, terminate the account of any User, or the use of Memorialine by any User, for a limited or an unlimited period of time, in case of any violation, or suspected violation, of these Terms of Use or of any applicable law, or in case of any attempts to undermine the proper functions of Memorialine. A User whose account has been terminated may not log in or open an account using a different name.

16. You can always contact us and contribute feedback or any suggestions that you may have for Memorialine, however do remember that if we find your feedback or suggestions useful, we will not be obligated to compensate you for adopting them and any rights to them shall be our sole property.

Subscriptions Fees
17. The use of Memorialine is free of charge. Should you choose to purchase one of our Commemoration Page Plans (“the Plans”), you will be charged a subscription fee, at the price specified at the app and the Website. The Plans, including their features and rates, may change from time to time.

18. The Plans are offered on an annual basis, and they are automatically renewed every year. At the time of renewal, we will charge you the then-current rate for the applicable Plan. We will use the last payment method you had provided us in connection with the purchase of the Plan.

19. You may cancel your plan within 14 days of the confirmation date of your purchase, at no cost other than the lower of 5% of the entire consireation or NIS100. You may cancel the Services by providing us with a written cancellation notice to the following e-mail: info@memorialine.com_. We will refund you by crediting the applicable amounts to the payment method you employed in your purchase.

20. You may purchase a Plan using PayPal or a credit card. No other payment method shall apply.

21. All applicable taxes shall be added to the purchase price and borne by you.

22. Once your order is completed, you will receive an e-mail confirming your purchase.

23. Within 24 hours from receipt of the confirmation of purchase, you will receive an email message specifying the login and./or all other pertinent information related to the webpage designated for your use in accordance with the purchased Plan.

Private Use

24. Memorialine is reserved for private use only. You may not make any commercial use of Memorialine or any of its contents. Should you wish to make any commercial or non-private use of Memorialine, including (but not limited to) the placement of advertising or sponsored content, write us and seek permission. You may not generate revenues by using Memorialine. You may not make use of Memorialine for any purposes other than non-profit commemoration and remembrance publications.

25. You may not make any use of Memorialine for the purpose of competing with Memorialine or the services it provides.

26. You may not disrupt Memorialine or its services in any manner.

27. You may not, electronically or otherwise, collect other Users’ data, nor are you allowed to access Memorialine by any automated means (such as robots or spiders). You may not collect and/or use any information or data which appear on the Memorialine Services and was not generated or uploaded by You, for any purpose, including but not limited to commercial or private use.

Competence
28. Memorialine is intended for use by legally competent adults. Any use by minors (under 18), or by any legally incompetent user is permitted subject to the approval and supervision of their parents or legal guardians. You may not use Memorialine if you are under 18 or don’t have the approval and supervision of your parents or legal guardians, and may not claim that you were too young and/or too old and/or in a physical or mental state that prohibited you from reading and understanding this document.

29. If you are under 18 or legally incompetent and wish to take part in Memorialine, you must ask for your parents’ or your legal guardians’ permission. By downloading, installing or making use of Memorialine you confirm to us that you have the required permissions and that your parent or legal guardian carefully read these Terms of Use and confirmed that he or she were supervising your activities.

30. You may not install or use Memorialine if you are a resident of a terror-supporting state, or an embargo state. You may not install or use Memorialine if you have ties to a criminal or terrorist organization.

Registration and Removal
31. In order to open an account with Memorialine, you will be asked to undergo a registration process. The registration process requires you to submit certain details about yourself, such as your e-mail address. You may also submit any additional personal information such as your address, etc. (“Identifiers”). Please note that you are under no obligation to provide any personal information or identifiers, and that if you choose to do so, you do it freely, and shall have no claims of any kind towards Memorialine or any companies or persons associated with Memorialine. Memorialine shall not be held accountable for your identifiers, or other personal details, being exposed to any third party.

32. Memorialine will not be held responsible if your identifiers, or any other details, are used by a third party.

33. You may not deceitfully access Memorialine, including by fraudulently logging in to other Users’ accounts using their names and passwords.

34. You may not use Memorialine to impersonate any person or corporation.

35. You may only register using an e-mail address which belongs to you, and you may not divulge your password to any person. You may not provide any third party access to your Memorialine account.

36. We may, at our discretion, suspend a User’s access to Memorialine or to any function of Memorialine, if we suspect any violation of these Terms of Use, at our sole discretion.

Intellectual Property
37. All rights, including all intellectual property rights in Memorialine are fully owned by Memorialine, or by any third party that granted Memorialine rights of use.

38. Memorialine is and shall remain the sole and exclusive owner of any materials embedded in Memorialine, including but not limited to databases, names, patents and trademarks (whether registered or unregistered), audio-visual material, photos, texts, illustrations, website and application designs, fonts, software, applications, graphics, files, codes and any other material or content within Memorialine. You may not copy, distribute, reproduce, create derivative works, publicly display, modify, publish, transmit, transfer, sell, distribute or make any commercial or other non-private use of any material belonging to Memorialine without the prior written consent of Memorialine.

39. However, Memorialine shall not be liable in case of any claim pertaining to any content that you and/or others share on Memorialine, and you are fully and solely responsible for the adherence of any material that you share on Memorialine to all applicable laws.

40. Memorialine shall not be held liable for any security breach and/or access to information and/or exposure of information and/or distribution of information done by any person using Memorialine or any other means.

Sharing User Content and Information
41. Any content and information that you upload to, link, hyperlink, post, attach, or share on Memorialine, including (without limitation) text, photos, audio and audio-visual works, designs, trademarks and any other material (“User Content” or “Your Content”) shall remain under your responsibility.

42. You may only share Your Content if you hold sufficient right and title to do so, including intellectual property rights and moral rights, and only if Your Content fully meets the requirements set in these Terms of Use. Should the publication of any material require provision of credit to any third party, you shall be solely responsible for the inclusion of the appropriate credit in Your Content and conjointly with the applicable Content.

43. Notwithstanding, when you share Your Content on Memorialine, you approve of the following:

a. You grant us an international, non-exclusive IP license to display Your Content and all elements thereof within Memorialine or any other service with whom we partner or cooperate or that is otherwise an affiliate of Memorialine (“IP License”). For this purpose, we may assign the IP license to third parties or sub-license Your Content. The license is granted to us free of charge, and you will not be entitled to any royalties from us or from any third party in connection with the use of Your Content pursuant to the IP license.

b. We may allow Users to view your Content via internet and cellular networks and by any other method, medium, technology or device (e.g. mobile applications, tablets, Smart TV, etc.).

c. We may perform any action required for the standard operation of Memorialine (including without limitation reproduction, storage, conversion and transmission).

d. We may use Your Content within our public relations material, but we shall not identify you as the provider of the content unless you authorize us to do so.

e. When you delete Your Content, it is deleted in a manner similar to emptying a recycle bin folder on your computer. Removed content can therefore remain in backup copies that we may maintain, but not display, for a reasonable period of time. Please note that we have no obligation to backup Your Content.

f. Any content you send via Memorialine to other Users may be stored and backed up on their devices or any other device. Memorialine claims no responsibility for any way or manner your Content is used or saved by other Users.

44. The Memorialine Services are advertising based, and they may include advertising in various forms, such as text, images, trademarks, logos and videos. The advertising may be adjacent and/or incorporated within all elements of Memorialine, including in conjunction with User Content, except webpages which are under a no-advertising Plan. You will have no claim against the incorporation of any advertising in any part or element within Memorialine that is designated for your use or for the appearance of your User Content. You will have no claim for any revenue or profit emanating from the advertising included in Memorialine.

45. You may upload or share any User Content, provided that it is not prohibited by any applicable law, including any codes, rules and regulations, and that it does not infringe upon any right of any third party. You are therefore prohibited from (1) sharing threatening or harassing content or language, including nudity or explicit violence, and any other content that is inappropriate (2) sharing drug-oriented or alcohol-oriented content or pornography (3) using defamatory language, hate speech or incitement to violence (4) sharing content which infringes upon any third party’s right of privacy; (5) sending spam or otherwise prohibited commercial communication (6) inserting “Trojan horses,” computer viruses, “worms” or any other malicious codes; (7) providing false pretenses and/or any misrepresentation; (8) taking part in hate speech or racist actions, libel and/or defamatory actions; (9) taking part in, or encouraging, unlawful behavior; (10) uploading and/or sharing any files, scripts, viruses, worms, or malware; (11) accessing prohibited computer systems; (12) conducting any unlawful, illegal or immoral actions.

46. Memorialine does not control or actively monitor information shared by our Users, and assumes no responsibility for any User Content shared on Memorialine, including but not limited to, its validity, accuracy, or truthfulness, or any other aspect of it. Therefore, we have no control or knowledge if any User Content is incomplete, unlawful, illegal, untruthful, libelous etc. Memorialine shall not be held responsible for any damages caused to you or your device by using Memorialine or from any User Content shared via Memorialine, or for any malicious acts done by other Users.

47. You shall indemnify Memorialine for any damages and losses of any kind (including legal costs) incurred to us and caused (directly or indirectly) by any content that you upload to, link or share on Memorialine and/or any action or use of Memorialine and/or security breach and/or any breach of the provisions stated in these Terms of Use or any other laws governing the use of Memorialine or a violation of the right any third party. If any legal proceedings are brought against Memorialine due to any User Content shared by you, or for any other reason related to you, you are hereby obligated to indemnify Memorialine for any and all damages incurred due to the proceedings.

48. Memorialine shall not be held responsible to any harm that is caused to you or to your electronic device, or to any third party, by installing or using Memorialine, including, but not limited to, bodily harm, damages to software, loss of information, personal relations or any other damages of any kind, shape and form.

Removal of User Content
49. We may (but without obligation to do so) terminate your account, block your participation, remove, delete or cease publication of any User Content on Memorialine, at our sole discretion, for any reason. We are under no obligation to notify User prior to any removal or deletion of User Content, nor do we need to justify our decisions. Removing Your Content shall not derogate from our right to seek any other legal remedy (including monetary damages) in the case Your Content violates any law, infringes upon any right, or does not adhere to these Terms of Use.

50. Without derogating from the generality of the above, should we suspect that any User Content violates any law or any provision of these Terms of Use, or infringes upon any right, we may suspend, remove or delete the content or block it from view, at our sole discretion.

Privacy
51. In order to connect you with other Users, Memorialine requires you to provide personal information. Unless you share any personal information, only your nickname will be revealed to other Memorialine Users.

52. Memorialine may collect personal information from your device for its operation, and by installing and using Memorialine, you consent to it doing so.

53. Memorialine may archive and keep all personal information you provide, as well as any and all communication made via Memorialine and any and all messages sent via Memorialine, for an unlimited time period.

54. Memorialine uses Cookies in its regular operation, and by installing or using Memorialine, you agree to it doing so.

55. By providing personal information, you consent to being contacted by other Users, whether you are familiar with them or not, and without them requiring your permission to do so. You are solely and fully responsible for any and all communications with other Users.

Miscellaneous:
56. We reserve the right to change the terms of this document at any time and without prior notice. Changes and adjustments shall apply immediately upon posting. It is recommended that you read the terms of use from time to time to determine whether any such changes are agreeable. Any use of Memorialine following revision of the Terms of Use shall constitute the User’s agreement for the revised terms.

57. You may not perform any action or behave in any manner which may disable, interfere, overburden or disrupt the routine operations, the appearance or the functionality of Memorialine.

58. Memorialine may be linked to other websites, services, or applications. We are not responsible for the content of these sites or the nature and quality of the services that they may offer.

59. We may discontinue operating Memorialine or any part of it at any time and without prior notice, and the deletion of User Material may occur. You will have no claim on connection with the deleted materials.

60. This agreement is solely governed by the laws of the State of Israel. In the case of a dispute concerning these Terms of Use or Memorialine, the competent courts in Tel Aviv shall have the exclusive jurisdiction over any such dispute or claim.

61. Memorialine does not guarantee 24/7 availability, and will not be held responsible for any unavailability or downtime.

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