Except as specifically authorized by SmartIdeas LLC, you may not 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. SmartIdeas LLC 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 Services or any content contained therein, whether in whole or in part, except as provided herein.
Any rights not expressly granted herein are reserved.
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:
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.
Nature of User Material. Some of the Services 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, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for an Online Memorial. You agree not to Submit any Material that:
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:
User License Grant to SmartIdeas LLC. You grant SmartIdeas LLC, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to SmartIdeas LLC 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 SmartIdeas LLC 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 SmartIdeas LLC and its affiliates 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 SmartIdeas LLC 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. SmartIdeas LLC does not claim ownership of Material you submit to the Services.
Disclaimer of Responsibility for Material. You acknowledge and agree that SmartIdeas LLC does not control the Material Submitted to an Online Memorial or any other Service permitting user-generated Material or content, and disclaims any responsibility for such Material. SmartIdeas LLC specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Online Memorial. In addition, SmartIdeas LLC 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. SmartIdeas LLC assumes no responsibility or liability for any errors or omissions in the content of the Service.
Review & Removal of Material. SmartIdeas LLC reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Online Memorial available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, SmartIdeas LLC, will issue a full refund.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by the Services infringes your copyright, you (or your agent) may send SmartIdeas LLC a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SmartIdeas LLC to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to SmartIdeas LLC, 700 E 16th Ave. P.O. Box 12457 North Kansas City, Missouri 64116 (firstname.lastname@example.org). SmartIdeas LLC suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
SmartIdeas LLC 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, look and feel, and functional elements.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY SMARTIDEAS LLC, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), 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, SMARTIDEAS LLC 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.
IN NO EVENT SHALL SMARTIDEAS LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF SMARTIDEAS LLC 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. SMARTIDEAS LLC 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. SMARTIDEAS LLC 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 WORKING MEDIA INC.'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 SMARTIDEAS LLC., IF ANY, OR (B) $100 (WHICHEVER IS LESS).
8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
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 SmartIdeas LLC may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Online Memorial). SmartIdeas LLC 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 SmartIdeas LLC's discretion. You agree that SmartIdeas LLC shall not be liable to you or any third-party for any termination of your access to any Services.
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 SmartIdeas LLC.
In connection with ForeverMissed or SmartMemorial Online Memorials, the following terms shall also apply:
The creator and manager of a Memorial Website shall be known as the "Site Administrator."
Subject to its suspension, cancellation, and termination rights and rights to remove Material, SmartIdeas LLC represents that each Online Memorial sponsored as "permanent" will remain available through the Services for the duration of SmartIdeas LLC's existence, and that each Online Memorial sponsored as "one year" will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of SmartIdeas LLC cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services or an Online Memorial that you sponsored, or any other service to which you subscribed. You may at any time ask SmartIdeas LLC to delete without charge an Online Memorial that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, SmartIdeas LLC hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information indentifying current providers of such protections is available at the web site America Links Up
Some elements of the Services may require you to register and/or create an account with SmartMemorials.com or ForeverMissed.com. During this process, you must select an account designation and password and provide certain personal information to SmartIdeas LLC., including a valid email address. In consideration of the use of SmartIdeas LLC.'s Services, 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 SmartIdeas LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartIdeas LLC 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).
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 SmartIdeas LLC 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. SmartIdeas LLC 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.
Contact. For purposes of providing notice of cancellation or termination, contact SmartIdea LLC. at email@example.com or SmartIdeas LLC, 700 E. 16th Ave. P.O. Box 12457 North Kansas City, Missouri 64116