Agreement
between user and www.eternaltimekeeper.com
Welcome
to www.eternaltimekeeper.com.
The www.eternaltimekeeper.com
website (the "Site") is comprised of various web pages
operated by Eternal Timekeeper ("Eternal Timekeeper").
www.eternaltimekeeper.com
is offered to you conditioned on your acceptance without
modification
of the terms, conditions, and notices contained herein (the
"Terms").
Your use of www.eternaltimekeeper.com
constitutes your agreement to all such Terms. Please read these
terms
carefully, and keep a copy of them for your
reference.
www.eternaltimekeeper.com
is a News and Information Site
Our
website Eternal Timekeeper will provide online memorials.
Privacy
Your
use of www.eternaltimekeeper.com
is subject to Eternal Timekeeper's Privacy Policy. Please review
our
Privacy Policy, which also governs the Site and informs users of
our
data collection practices.
Electronic
Communications
Visiting
www.eternaltimekeeper.com
or sending emails to Eternal Timekeeper constitutes electronic
communications. You consent to receive electronic communications
and
you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email
and
on the Site, satisfy any legal requirement that such
communications
be in writing.
Your
account
If
you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for
all activities that occur under your account or password. You
may not
assign or otherwise transfer your account to any other person or
entity. You acknowledge that Eternal Timekeeper is not
responsible
for third party access to your account that results from theft
or
misappropriation of your account. Eternal Timekeeper and its
associates reserve the right to refuse or cancel service,
terminate
accounts, or remove or edit content in our sole
discretion.
Eternal
Timekeeper collects personally identifiable information from
children
under the age of thirteen. Eternal Timekeeper collects this
information for the following reason(s):
Information
pertaining to a child under 13 that may be deceased posted as an
online memorial page.
If
you are under the age of thirteen, you must ask your parent or
guardian for permission to use this website. If you are a parent
and
you have questions regarding our data collection practices,
please
contact us using the information provided at the end of this
Agreement. If you are under 18, you may use www.eternaltimekeeper.com
only with permission of a parent or
guardian.
Links
to third party sites/Third party
services
www.eternaltimekeeper.com
may contain links to other websites ("Linked Sites").
The
Linked Sites are not under the control of Eternal Timekeeper and
Eternal Timekeeper is not responsible for the contents of any
Linked
Site, including without limitation any link contained in a
Linked
Site, or any changes or updates to a Linked Site. Eternal
Timekeeper
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Eternal
Timekeeper of the site or any association with its
operators.
Certain
services made available via www.eternaltimekeeper.com
are delivered by third party sites and organizations. By using
any
product, service or functionality originating from the
www.eternaltimekeeper.com
domain, you hereby acknowledge and consent that Eternal
Timekeeper
may share such information and data with any third party with
whom
Eternal Timekeeper has a contractual relationship to provide the
requested product, service or functionality on behalf of
www.eternaltimekeeper.com
users and customers.
No
unlawful or prohibited use/Intellectual
Property
You
are granted a non-exclusive, non-transferable, revocable license
to
access and use www.eternaltimekeeper.com
strictly in accordance with these terms of use. As a condition
of
your use of the Site, you warrant to Eternal Timekeeper that you
will
not use the Site for any purpose that is unlawful or prohibited
by
these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere
with any
other party's use and enjoyment of the Site. You may not obtain
or
attempt to obtain any materials or information through any means
not
intentionally made available or provided for through the
Site.
All
content included as part of the Service, such as text, graphics,
logos, images, as well as the compilation thereof, and any
software
used on the Site, is the property of Eternal Timekeeper or its
suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to
observe
and abide by all copyright and other proprietary notices,
legends or
other restrictions contained in any such content and will not
make
any changes thereto.
You
will not modify, publish, transmit, reverse engineer,
participate in
the transfer or sale, create derivative works, or in any way
exploit
any of the content, in whole or in part, found on the Site.
Eternal
Timekeeper content is not for resale. Your use of the Site does
not
entitle you to make any unauthorized use of any protected
content,
and in particular you will not delete or alter any proprietary
rights
or attribution notices in any content. You will use protected
content
solely for your personal use, and will make no other use of the
content without the express written permission of Eternal
Timekeeper
and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you
any
licenses, express or implied, to the intellectual property of
Eternal
Timekeeper or our licensors except as expressly authorized by
these
Terms.
Use
of communication services
The
Site may contain bulletin board services, chat areas, news
groups,
forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to
communicate with the public at large or with a group
(collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and receive messages
and
material that are proper and related to the particular
Communication
Service.
By
way of example, and not as a limitation, you agree that when
using a
Communication Service, you will not: defame, abuse, harass,
stalk,
threaten or otherwise violate the legal rights (such as rights
of
privacy and publicity) of others; publish, post, upload,
distribute
or disseminate any inappropriate, profane, defamatory,
infringing,
obscene, indecent or unlawful topic, name, material or
information;
upload files that contain software or other material protected
by
intellectual property laws (or by rights of privacy of
publicity)
unless you own or control the rights thereto or have received
all
necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage
the
operation of another's computer; advertise or offer to sell or
buy
any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct
or
forward surveys, contests, pyramid schemes or chain letters;
download
any file posted by another user of a Communication Service that
you
know, or reasonably should know, cannot be legally distributed
in
such manner; falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of
the
origin or source of software or other material contained in a
file
that is uploaded, restrict or inhibit any other user from using
and
enjoying the Communication Services; violate any code of conduct
or
other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information
about
others, including e-mail addresses, without their consent;
violate
any applicable laws or regulations.
Eternal
Timekeeper has no obligation to monitor the Communication
Services.
However, Eternal Timekeeper reserves the right to review
materials
posted to a Communication Service and to remove any materials in
its
sole discretion. Eternal Timekeeper reserves the right to
terminate
your access to any or all of the Communication Services at any
time
without notice for any reason whatsoever.
Eternal
Timekeeper reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation,
legal process or governmental request, or to edit, refuse to
post or
to remove any information or materials, in whole or in part, in
Eternal Timekeeper's sole discretion.
Always
use caution when giving out any personally identifying
information
about yourself or your children in any Communication Service.
Eternal
Timekeeper does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
Eternal Timekeeper specifically disclaims any liability with
regard
to the Communication Services and any actions resulting from
your
participation in any Communication Service. Managers and hosts
are
not authorized Eternal Timekeeper spokespersons, and their views
do
not necessarily reflect those of Eternal
Timekeeper.
Materials
uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the
materials.
Materials
provided to www.eternaltimekeeper.com
or posted on any Eternal Timekeeper web
page
Eternal
Timekeeper does not claim ownership of the materials you provide
to
www.eternaltimekeeper.com
(including feedback and suggestions) or post, upload, input or
submit
to any Eternal Timekeeper Site or our associated services
(collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission
you are
granting Eternal Timekeeper, our affiliated companies and
necessary
sublicensees permission to use your Submission in connection
with the
operation of their Internet businesses including, without
limitation,
the rights to: copy, distribute, transmit, publicly display,
publicly
perform, reproduce, edit, translate and reformat your
Submission; and
to publish your name in connection with your Submission.
No
compensation will be paid with respect to the use of your
Submission,
as provided herein. Eternal Timekeeper is under no obligation to
post
or use any Submission you may provide and may remove any
Submission
at any time in Eternal Timekeeper's sole
discretion.
By
posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this
section including, without limitation, all the rights necessary
for
you to provide, post, upload, input or submit the
Submissions.
Third
Party Accounts
You
will be able to connect your Eternal Timekeeper account to third
party accounts. By connecting your Eternal Timekeeper account to
your
third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to
others (in accordance with your privacy settings on those third
party
sites). If you do not want information about you to be shared in
this
manner, do not use this feature.
International
Users
The
Service is controlled, operated and administered by Eternal
Timekeeper from our offices within the USA. If you access the
Service
from a location outside the USA, you are responsible for
compliance
with all local laws. You agree that you will not use the Eternal
Timekeeper Content accessed through www.eternaltimekeeper.com
in any country or in any manner prohibited by any applicable
laws,
restrictions or regulations.
Indemnification
You
agree to indemnify, defend and hold harmless Eternal Timekeeper,
its
officers, directors, employees, agents and third parties, for
any
losses, costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by
you,
your violation of any terms of this Agreement or your violation
of
any rights of a third party, or your violation of any applicable
laws, rules or regulations. Eternal Timekeeper reserves the
right, at
its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which
event
you will fully cooperate with Eternal Timekeeper in asserting
any
available defenses.
Liability
disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN.
ETERNAL TIMEKEEPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR
CHANGES IN THE SITE AT ANY TIME.
ETERNAL
TIMEKEEPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. ETERNAL TIMEKEEPER
AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL
ETERNAL TIMEKEEPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE
USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO
USE
THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT
OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF ETERNAL TIMEKEEPER OR ANY
OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access
restriction
Eternal
Timekeeper reserves the right, in its sole discretion, to
terminate
your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent
permitted
by law, this agreement is governed by the laws of the State of
Florida and you hereby consent to the exclusive jurisdiction and
venue of courts in Florida in all disputes arising out of or
relating
to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of
these
Terms, including, without limitation, this
section.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and Eternal Timekeeper as a
result of
this agreement or use of the Site. Eternal Timekeeper's
performance
of this agreement is subject to existing laws and legal process,
and
nothing contained in this agreement is in derogation of Eternal
Timekeeper's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Site
or information provided to or gathered by Eternal Timekeeper
with
respect to such use. If any part of this agreement is determined
to
be invalid or unenforceable pursuant to applicable law
including, but
not limited to, the warranty disclaimers and liability
limitations
set forth above, then the invalid or unenforceable provision
will be
deemed superseded by a valid, enforceable provision that most
closely
matches the intent of the original provision and the remainder
of the
agreement shall continue in effect.
Unless
otherwise specified herein, this agreement constitutes the
entire
agreement between the user and Eternal Timekeeper with respect
to the
Site and it supersedes all prior or contemporaneous
communications
and proposals, whether electronic, oral or written, between the
user
and Eternal Timekeeper with respect to the Site. A printed
version of
this agreement and of any notice given in electronic form shall
be
admissible in judicial or administrative proceedings based upon
or
relating to this agreement to the same extent an d subject to
the
same conditions as other business documents and records
originally
generated and maintained in printed form. It is the express wish
to
the parties that this agreement and all related documents be
written
in English.
Changes
to Terms
Eternal
Timekeeper reserves the right, in its sole discretion, to change
the
Terms under which www.eternaltimekeeper.com
is offered. The most current version of the Terms will supersede
all
previous versions. Eternal Timekeeper encourages you to
periodically
review the Terms to stay informed of our updates.
Contact
Us
Eternal
Timekeeper welcomes your questions or comments regarding the
Terms:
Eternal
Timekeeper
1181
S. Sumter Blvd. #307
North
Port, Florida 34287
Email
Address:
info@eternaltimekeeper.com
Telephone
number:
(866)
620-4460
Effective
as of January 02, 2014
