TERMS OF USE
The following terms describe the conditions on which LifeFiles, Inc. ("LifeFiles") offers you access to our Web site at
http://www.lifefiles.com (the "Site") and our services, and your obligations as a user of our Site and our services. BY ACCESSING THE
SITE OR USING OUR SERVICES, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. We may amend these Terms of Use at any time by
posting the amended terms on the Site, and such terms shall be effective when posted or as stated in the amendment. We may also add,
delete or change some or all of the features of the Site or our services at any time. For additional information about our services,
please visit the Site.
Your Rights and Obligations
As a user of our Site, you will represent yourself accurately and truthfully at all times. You grant LifeFiles the right to
independently verify any information that you post on our Site about yourself, although LifeFiles does not routinely undertake any
verification.
LifeFiles makes available the Remembrance Registry and LifeLegacy sections of our Web site for users to post obituaries and related
messages and create memorials. You acknowledge that these sites are not general-purpose message boards or chat rooms and you agree that
your postings on the Site will respect the nature of the Site. Although LifeFiles does not generally monitor the information on
user-generated pages on the Site and is under no obligation to do so, LifeFiles reserves the right, in its sole discretion, to remove any
material submitted to or posted on the Rembrance Registry and Life Legacy or any other user-generated pages that LifeFiles believes is in
violation of these Terms of Use.
You agree that any information or other material that you post, transmit or otherwise make available though LifeFiles: (a) shall not be
fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, trademark, trade secret, patent
or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing false advertising, deceptive practices or anti-discrimination); (d) shall not be defamatory, libelous,
unlawfully threatening or unlawfully harassing; (e) shall not be intentionally malicious or derogatory toward LifeFiles or any LifeFiles
advertiser or licensor unless such information or other material can be supported by documented facts; (f) shall not be harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or
otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute
a criminal offense; and (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, interfere with, intercept or expropriate any transmission, system, data or information.
Intellectual Property
The materials, data and other information used and displayed on the Site are the property of LifeFiles or its licensors and are protected
by copyright, trademark and other laws. In addition to LifeFiles' rights in individual elements of the content within the Site,
LifeFiles owns a copyright in the selection, coordination, arrangement and enhancement of such content.
You may display, copy, store and print the material freely available on the Site solely for your personal and non-commercial use. You
agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material
without the prior written permission of LifeFiles or the owner of the content.
With respect to content that you create and post on the Remembrance Registry, Life Legacy or other user-generated pages within the Site,
you are the owner of that content. Solely to enable LifeFiles to display the content that you create and to manage our Site, by
submitting material or information to LifeFiles for inclusion on our Site, you grant LifeFiles a non-exclusive, worldwide, irrevocable,
royalty-free license to exercise the copyrights and publicity rights you have in your content. You also grant the other users of the
Site a non-exclusive, irrevocable, royalty-free license to view, store and print your content solely for their personal and
non-commercial use. This license will terminate if and when you remove the content from our Site.
LifeFiles does not control the information available on the Remembrance Registry, Life Legacy and other user-generated pages. All
information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or
privately transmitted, is the sole responsibility of the person from whom such material originated (the "Author"). Any opinions, advice,
statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other
user generated pages are those of the Author. The Author, and not LifeFiles, is entirely responsible for all material that Author posts
on the Site.
NO WARRANTY.
COMPANY PROVIDES THE SITE AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. LifeFiles does not guarantee continuous,
uninterrupted or secure access to its services, and operation of LifeFiles' Site may be interfered with by numerous factors outside of
its control, including but not limited to telecommunications network disruptions. LifeFiles does not guarantee the accuracy, timeliness
or completeness of any information on its Site or the results of your use of LifeFiles' Site.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
COMPANY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
Termination
LifeFiles reserves the right to terminate the Site, its Services or your access to them for any reason or for no reason.
Normal
Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to [Administrator@LifeFiles.com] (in the
case of LifeFiles) and to the email address You provide to LifeFiles during any registration process, or such other address as you shall
specify from time to time via e-mail (in your case). Notice shall be deemed given six (6) hours after email is sent, or earlier if
actually received earlier by the recipient, unless the sending party is notified that the email address is invalid. Alternatively, we may
give You notice by certified mail or first class mail, postage prepaid, to the address provided to LifeFiles during any registration
process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Applicable Law
This Site is controlled by LifeFiles from its offices within the State of Florida, USA. The laws applicable to the interpretation of
these Terms of Use shall be the laws of the State of Florida, USA, and applicable federal law, without regard to any conflict of law
provisions. LifeFiles makes no representation that the content in this Site is appropriate for access outside of the United States.
Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with
local laws. You agree to submission of any dispute to the state and federal courts of Broward County, Florida, USA.
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