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terms and conditions
The original text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website which is the official version.”
ULOGEEZ.COM, provides various tools that allow users to create and access obituaries, express condolences, share remembrances of friends and loved ones, and send sympathy flowers, ULOGEEZ.COM offers these features and tools at www.ULOGEEZ.COM (collectively the “Services”). Please read the following Terms of Use before using the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
1. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE
By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and ULOGEEZ.COM, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses, or submits any content or material to the Services.
If you do not agree to these Terms of Use, then you may not use the Services. ULOGEEZ.COM may change these Terms of Use at any time. Any change to these Terms of Use will take effect when it is posted to the applicable ULOGEEZ.COM website. You agree that each time you access the Services, you shall be subject to the then-current Terms of Use and continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
2. USER LICENSE
a) Scope. ULOGEEZ.COM grants you permission (which may be revoked at any time for any reason or no reason) to view the Services and to download, integrate via authorized social media application, email, or print individual pages of the Services 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, for example, incorporate the information, content, or other material from the Services 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 through the Services, except as specifically noted above. Except as specifically authorized by ULOGEEZ.COM, you may not deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. ULOGEEZ.COM reserves all 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 Services or any content contained therein, whether in whole or in part, except as provided herein. Any rights not expressly granted herein are reserved.
b) User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws, and regulations. You also agree:
i) to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from the US or the country in which you reside.
ii) not to host, submit content to or use the Services without the consent of a parent, guardian, or educational supervisor if you are under the age of 18;
iii) not to use the Services for illegal purposes;
iv) not to commit any acts of infringement on the Services or with respect to the Services content;
v) not to use the Services to engage in commercial activities;
vi) not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line;
vii) not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, 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 Services in that person’s name, and linking to any commercial or other website from the Services;
viii) not to attempt to gain unauthorized access to other computer systems from or through the Services;
ix) not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;
x) not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
xi) not to upload or transmit viruses or other harmful, disruptive, or destructive files;
xii) not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Services or affiliated.
c) 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.
3. SERVICES CONTENT
a) Nature of User Material. Some features of the Services, including, without limitation the ability to purchase and publish obituaries directly with ULOGEEZ.COM and/or submit condolence messages via our Comment feature, allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, photos, poems, videos, or text (collectively, “Material”). You agree not to Submit any Material that:
i) contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate;
ii) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third-party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
iii) unfairly interferes with any third-party’s uninterrupted use and enjoyment of the Services;
iv) advertises, promotes, or offers to trade any goods or services, except in areas specifically designated for such purpose;
v) is intended primarily to promote a cause or movement, whether political, religious or other;
vi) contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
vii) constitutes, promotes, or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
viii) discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian, or educational supervisor;
ix) infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
x) contains viruses or other harmful, disruptive or destructive files;
xi) harms or is inappropriate for minors to view;
xii) links to any commercial or other website;
xiii) is not otherwise in compliance with these Terms of Use.
b) User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:
xiv) you are the author of the Material, or the Material is not protected by copyright law, or you have express permission from the copyright owner and owner of rights of publicity (if applicable) to post the Material to the Services; and
xv) you have the right to grant ULOGEEZ.COM the license set out in these Terms of Use; and
xvi) the Material you Submit does not violate these Terms of Use.
c) User License Grant to ULOGEEZ.COM You grant ULOGEEZ.COM, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to ULOGEEZ.COM in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize ULOGEEZ.COM to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant ULOGEEZ.COM and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant ULOGEEZ.COM the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. ULOGEEZ.COM does not claim ownership of Material you Submit to the Services. You consent to receive e-mail messages from ULOGEEZ.COM from time to time to inform you of products and services that ULOGEEZ.COM believes may be of interest to you.
d) Disclaimer of Responsibility for Material. You acknowledge and agree that ULOGEEZ.COM does not control user-generated content or Material Submitted to the Services and disclaims any responsibility for such Material. ULOGEEZ.COM specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such content, or other Material. In addition, ULOGEEZ.COM does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. ULOGEEZ.COM assumes no responsibility or liability for any errors or omissions in the content of the Services.
e) ULOGEEZ.COM reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or any Material available through the Services that ULOGEEZ.COM believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. In cases in which payment has been made in connection with Services content that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, ULOGEEZ.COM, will issue a full refund.
f) Proprietary Rights. You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of ULOGEEZ.COM All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Services are ©2023 ULOGEEZ.COM, Inc., all rights reserved.
4. TERMINATION AND MODIFICATIONS TO THE SERVICES
ULOGEEZ.COM reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, functions, look and feel.
5. INDEMNITY
You agree to indemnify, defend, and hold ULOGEEZ.COM, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by anyone in connection with your use of the Services, with Material or Information you Submit on or through the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of these Terms of Use, and any other acts or omissions relating to the Services.
6. DISCLAIMER OF WARRANTIES
The information, content, products, services, and materials provided by the services (whether provided by ULOGEEZ.COM, you, other users, including without limitation, material, text, photos, graphics, audio files, video, and links, are provided “as is” and “as available” without warranties of any kind, either
express or implied.
To the maximum extent permitted by law, ULOGEEZ.COM disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
7. LIMITATION OF LIABILITY
a) in no event shall ULOGEEZ.COM be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if ulogeez.com has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the use, inability to use or performance of the services. ULOGEEZ.COM assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the services. ULOGEEZ.COM assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, or material available on or through the services, as well as any third party website pages or additional websites linked to the services, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. in no event shall ulogeez.com’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you
to ulogeez.com or (b) $100 (whichever is less).
b) You and ulogeez.com agree that the warranty disclaimers and limitations of liability in these terms of use are material. you and ULOGEEZ.COM agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.
c) If you are dissatisfied with the services or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the services, except as may be provided for in section 7(a) above.
8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
a) You may cancel or terminate your password, account and/or use of the Services, with or without cause at any time, upon providing written notice to ULOGEEZ.COM If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to ULOGEEZ.COM of cancellation or termination must be sent via email address as set forth in these Terms of Use.
b) ULOGEEZ.COM, in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, ULOGEEZ.COM’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or ULOGEEZ.COM’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, ULOGEEZ.COM reserves for itself the sole right to determine whether or how to resolve such dispute, conflict, or complaint, with or without factual or other investigation.
c) Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and ULOGEEZ.COM may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information. ULOGEEZ.COM accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at ULOGEEZ.COM’s discretion. You agree that ULOGEEZ.COM shall not be liable to you or any third-party for any termination of your access to any Services.
d) Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to ULOGEEZ.COM
e) ULOGEEZ.COM does not screen and is not otherwise obligated to screen Material posted to our Website. ULOGEEZ.COM reserves the right, however, to remove any Material posted if said Material does not otherwise comply with these Terms of Use.
9. PERMANENCE OF MATERIAL
Subject to its suspension, cancellation, and termination rights and rights to remove Material, ULOGEEZ.COM represents that the Services content sponsored as “permanent” will remain available through the Services for the duration of ULOGEEZ.COM’s existence, unless: (a) the Services ceases to exist in whole or in part; or (b) acts or events beyond the reasonable control of ULOGEEZ.COM cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services content that you sponsored, or any other service to which you subscribed. You may at any time ask ULOGEEZ.COM to delete without charge the Services content, or other service that you sponsored or purchased.
10. YOUR ACCOUNT, PASSWORD, AND SECURITY
a) Some features of the Services may require you to register and/or create an account with ULOGEEZ.COM During this process, you must select an account designation and password and provide certain personal information to ULOGEEZ.COM, including a valid email address. In consideration of the use of ULOGEEZ.COM’s Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) 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 ULOGEEZ.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ULOGEEZ.COM has the right to suspend or terminate your account and refuse any and all current, or future use of the Services (or any portion thereof).
b) 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 (i) immediately notify ULOGEEZ.COM 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 (ii) ensure that you exit from your account at the end of each session. ULOGEEZ.COM 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.
12. LINKS AND FARMING
As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with ULOGEEZ.COM while others are not. ULOGEEZ.COM is not responsible for the contents of any website pages created and maintained by organizations independent of ULOGEEZ.COM. Visiting any such third-party website pages is at your own risk. ULOGEEZ.COM has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by ULOGEEZ.COM By using the Services, you acknowledge that ULOGEEZ.COM is responsible neither for the availability of, nor the content located on or through any third-party website pages.
13. TRADEMARKS
ULOGEEZ.COM trademarks and other marks, logos, and names of ULOGEEZ.COM, used on or in connection with the Services may not be used in connection with any product or service that is not under ULOGEEZ.COM’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits ULOGEEZ.COM. All other trademarks not owned by ULOGEEZ.COM that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ULOGEEZ.COM.
14. CONSIDERATION
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, Material and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.
15. Indemnity
You agree to indemnify and hold ULOGEEZ.COM and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against ULOGEEZ.COM arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
16. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term or Conditions shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
17. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law, and you hereby submit to the exclusive jurisdiction of the courts.
This Agreement is accepted upon your use of this website and is also confirmed by your using our services. This Agreement constitutes the entire agreement between you and ULOGEEZ.COM regarding the Usage of the Site and/or the Service. If ULOGEEZ.COM decide, at our discretion to enforce rights or provisions of this Agreement, it does not constitute a waiver of such right or provision.
Points mentioned in this Agreement are for guidance only and do not have a legal or contractual effect. Please contact us with any questions regarding this Agreement.