theMemories Terms of Use

Last published 2020

1. Introduction – Acceptance Through Use.
This website, theMemories.com (the “Site”) is owned and operated by Deseret Digital Media, Inc., which, along with its parent company, subsidiaries, owners, affiliates, officers, directors and employees is collectively referred to as “Operator”, “we”, “us”).
By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Operator may change any portion of the Terms of Use at any time without notice by posting revisions to the Site. You should monitor the Terms and Use for any changes, as notice is not required to be provided to you. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.
Privacy. You should review the Privacy Policy posted elsewhere at the Site before using the Site. By using the Site, you agree to be bound by the Privacy Policy. No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age thirteen (13) or younger). Children should not use the Site or submit any information to Operator. By using this Site, you represent and warrant you are at least 13 years old and you hereby ratify any prior grant of rights, consents, agreements, assignments or waivers made by you. If you choose to register an account, your account may be used only by you.

2. Registration
By becoming a “Registered User”, you have your own account, consisting of access to content, tools and other Site functions reserved solely for this type of registration. You can also be a “Visitor”, which limits your access to certain Site features.

3. User License

• • Operator grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, integrate via authorized social media application, email, or print individual pages of the Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not incorporate the information, content, or other material from the Site 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 Site obtained through the Site, except as specifically noted above.
    Except as specifically authorized by Operator, you may not deep-link to the Site for any purpose or access the Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material from the Site. Operator reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, except as provided herein.
  • Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
  • Injunctive Relief. You agree that damages will be an inadequate remedy for breaches of this Agreement and in addition to damages and any other available relief, a court shall be empowered to grant injunctive relief.

4. Content and Comments Posted by Site Users
The Site is an online destination where friends and family can come together to honor the memories of their loved ones with lasting personal messages. The interactive nature of postings on the Site makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The obituary-related content, ideas, suggestions, opinions, comments, and observations made by Site users, and any text, data, photographs, video, music, sound, chat, messages, obituary content, files or other material provided to us by Site Visitors and Registered Users (all of which are referred to as "User Content") are not endorsed by Operator, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Site. 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 Site 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.
You have the ability to interact with the Site and other users by posting comments, participating in the forums, uploading photos, and a variety of other ways (collectively, “Your Content”). SUBMISSION OF YOUR CONTENT IS GOVERNED BY THE CONTENT SUBMISSION AGREEMENT. YOU SHOULD REVIEW THAT AGREEMENT BEFORE SUBMITTING YOUR CONTENT.

5. Rules of Conduct
The following rules of conduct apply to your use of the Site and to any and all materials you post on the Site, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material ("User Content") whether the User Content is included in obituaries, the Site, memory books, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion, feature or service of the Site.
You may not, in connection with the Site, access, upload, post, email or otherwise create or transmit any User Content that:

• • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • infringes or violates any patent, copyright, 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 other 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 Site 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;
  • provides false or deceptive information (including impersonating another person or entity);
  • uses the Site as a forwarding service to another Web site;
  • prevents the full and complete display of advertisements on the Site. 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 Site;
  • exceeds the scope of the Site that you have signed up for; for example, accessing and using features that you do not have a right to use, 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 the Site’s Terms of Use (TOU).

6. You also agree that you will:

• • • not to use the Site to engage in commercial activities;
    • not copy any content, including death notices, for republication in any other newspaper, other publications or sites, whether in print or on-line;
    • not create or maintain content in connection with the Site for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using the Site in that person’s name, and linking to any commercial or other website from the Site;
    • not to attempt to gain unauthorized access to other computer systems from or through the Site;
    • not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
    • not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
    • not to upload or transmit viruses or other harmful, disruptive or destructive files;
    • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, system resources, accounts, passwords, servers or networks connected to or accessible through the Site, affiliated or linked sites.

7. You may not, except with Operator’s express advance authorization or in a specially designated area, use the Site to:

• • • • upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, last names, URLs or email address; or
      • engage in commercial activities within the Site (such as by advertising or selling products or Site, or inducing Registered Users, Guests, and Visitors to the Web site to enroll in a promotional or money-making enterprise).

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

9. theMemories.com Products and Site
Registered Users may create and maintain their own theMemories.com products and pages within the Site. Such products and pages may consist of user-generated content, Internet-based memory books and other functionalities that enable users who visit the products and pages (e.g. obituary or tribute) to communicate with each other.
In the Registered User's sole discretion, he or she may:

• • change the obituary's /page’s access designation (whether restricted or public) at any time;
  • delete any User Content posted to the obituary / tribute or associated memory book.

10. Copyright Infringement
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please see the DMCA Notice.

11. General Practices Regarding Use and Storage
The Site may establish general practices and limits concerning use regarding limits on the number of:

• • (a) days that Life Stories or other uploaded content and User Content will be retained
  • (b) obituaries which you may enhance / edit
  • (c) files (including graphics, photographs, videos, or sound/music files) that may be posted
  • (d) disk space that will be allotted on The Sites servers on your behalf, and
  • (e) times you may access the Site in a given period of time (and the maximum duration of your visits to the Site).

12. You agree that the Site 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 the Site and its affiliated websites.

13. Termination and Modifications to the Site
Operator reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site (or any part thereof), including but not limited to the Site’s features, functions, look and feel.

14. Disclaimer of Warranties. THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE. THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

• • THE SITE OR ANY OTHER AFFILIATED SITE WILL MEET YOUR REQUIREMENTS;
  • THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
  • THE QUALITY OF ANY PRODUCTS, SITE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
  • ANY ERRORS ON THE WEB SITE WILL BE CORRECTED.

15. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

16. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. YOUR ACCOUNT, PASSWORD, AND SECURITY Some features of the Site may require you to register and/or create an account with theMemories.com. During this process, you must select an account designation and password and provide certain personal information to the Site including a valid email address. In consideration of the use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Operator has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify the Site of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. The Site will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

18. Indemnification You agree to indemnify and hold harmless Operator, and its successors and assigns, from and against any and all costs, damages, whether such damages are direct or consequential, and expenses and fees, including reasonable attorneys' fees, incurred as a result of any claim, action, proceeding, or demand arising from any content or review posted by you, your use of Operator or your breach of these terms.

19. Notice of Risk Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites.

20. Choice of Law. This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. Exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be in the state or federal courts located in Salt Lake County, State of Utah. By using the Site, you hereby submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

21. Integration and Severability. These Terms of Use along with the Privacy Statement, and Content Submission Agreement, posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use or the Privacy Statement are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.

22. Links to Third Party Sites. The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of any linked site. The linked sites may appear to be integrated into the Site, but are not under Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site.

Contact Information. Questions concerning these Terms of Use or the Site should be directed to support@thememories.com.