Each reference to "use of the Website" herein means to view the Website content and/or to create, edit and maintain a public or private Journal-Of-Life.com memorial website.
(a) The posting of the changes or new terms on this Website; or
(b) The distribution via electronic mail of the changes or new terms; or
(c) The distribution by conventional mail of the changes or new terms.
Journal-Of-Life.com is the new way to honor User’s loved ones - a memorial network that enables Users to share their story and let memories live again.
With a few simple clicks, Journal-Of-Life.com gives family and friends around the globe, the opportunity to join in and add their memories. Journal-Of-Life.com makes adding User’s photos, videos and music easy, because we understand that a picture paints a thousand words and words transcend time, bringing yesterday and today together.
Journal-Of-Life.com will not disclose User's e-mail contact information to any third party and will also not monitor, edit, or disclose the contents of such information, unless: it was required to do so by law or in the good faith belief that such action is necessary to:
conform to the provisions of the law or comply with legal process properly served on INTERPRESS;
protect and defend the rights or property of INTERPRESS;
act under exigent circumstances to protect the personal safety of Journal-Of-Life.com users or the public;
fix or debug service/software problems with Journal-Of-Life.com; or
As operators of the Website, We shall make reasonable efforts under the circumstances to protect User’s information and the User's privacy. However, because of the global nature of the network, it is not possible to guarantee complete protection of that information. Accordingly, the User frees Us from any responsibility for any damage or injury whether direct or indirect, financial or other, that will be caused to the User as the result of disclosure of this information, regardless of the reason for the disclosure.
6. Website content
User is solely responsible for the photos, profiles (including name, image, and likeness), candles, tributes, gifts, messages, notes, text, information, music, video, listings, and other content that User uploads, publishes, displays or posts on or through the Website, or transmit to or share with other users (collectively the “User’s Content”). User may not post, transmit, or share User’s Content on the Website that User did not create or that the User does not own or has no permission to post.
User may not post, and the INTERPRESS may remove in its sole discretion, any content that it believes:
constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
is defamatory of a real or legal person, or of goods or services;
violates a person's privacy or other rights relating to personal information;
depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
is blasphemous or incites religious hatred;
impersonates or falsely attributes material to any person or entity;
discloses confidential or proprietary information of another person;
is discriminatory in any way, including by way of sex, race or age discrimination;
contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless User has permission from the rightful owner of the material or User is otherwise legally entitled to post the material and to grant INTERPRESS all of the license rights granted herein. creates a risk to safety or health, or compromises national security or official secrets;
deems to be, offensive, immoral or illegal;
is otherwise malicious, fraudulent, or may result in the reputation of Journal-Of-Life.com, or INTERPRESS., being damaged;
is otherwise illegal or solicits conduct that is illegal under laws applicable to user or to INTERPRESS;
7. Required Consents
If You are not the next of kin of the person for which you create a memorial website on this Website, You hereby represent and acknowledge that you have the power and authority to create his/her memorial website. If You are under the age of 18, You must have the consent of a parent or guardian in order to use this Website.
8. International Use
Although this Website may be accessible worldwide, We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. Users. Users are responsible for compliance with their applicable local laws.
9. Third-Party websites and links
10. Copyright Infringement
INTERPRESS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and We will remove all Content if properly notified that such Content infringes on another's intellectual property rights. INTERPRESS reserves the right to remove Content without prior notice.
10.1 Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INTERPRESS's designated Copyright Agent to receive notifications of claimed infringement is Atossa Kia, email: , Fax: (212) 679 4200. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through . You acknowledge that if you fail to comply with all of the requirements of this Section 10.1, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
11. Payment of Fees
If you subscribe to a service on this Website that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Website, We will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.
12. Cancellation and refund.
12.1 Cancellation at any time with no refund.
Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the “Account Settings” page under the “My Account” option on your membership home page, clicking on “Cancel My Subscription” or “Close Account” link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
12.2. 30-Day Cancellation.
Regarding the subscription, User may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the 30 business day following the date of subscription, excluding Sundays and holidays. To cancel this Agreement, User must mail or deliver a signed and dated notice which states that User is canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to cancellation [at] journal-of-life.com. Any refunds under this 30-day cancellation policy will be made within 15 days after we have received your cancellation notice.
13. Modifications and Interruption to Website
We reserve the right to modify the Website, including (and not limited to) its features, its look and feel, its services and its functional elements with or without notice to You. We reserve the right to discontinue the service with or without notice to You and shall not be liable to the User or any third party should We exercise its right to modify or discontinue the Website. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to the Website and operation to the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
14. Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
15. Disclaimer of Warranties
THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17. Contact Information and reporting violations
18. Copyright and Trademark Notice
Copyright © 2012 INTERPRESS. All rights reserved.
Journal-Of-Life.com is a property of INTERPRESS. User agrees not to display or use in any manner the said trademark without our prior express permission.
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6 LONDON STREET, LONDON,
UNITED KINGDOM W2 1HR
Company No. 07588527