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Terms of Use
Terms of use
Last updated: April 2005
Please read the following terms of use ("Terms of Use") carefully before using this site powered by Eternal Star, hereafter referred to as "this site".
Applicability
& Acceptance of Terms of Use
By using, accessing, or browsing this site, you expressly agree to these
Terms of Use without limitation or qualification. If you do not agree
to these Terms of Use, then you may not use this site. Eternal Star, Inc.,
reserves the right, at any time, to modify, alter, or update these Terms
of Use without prior notice. You agree that each visit you make to this
site shall be subject to the then-current Terms of Use.
Guarantee
Eternal Star, Inc., guarantees your 100% satisfaction with any membership purchased, with a full refund payable upon your request within 30 days of your web material being posted. Your web material will be posted within 5 working days of receipt of your material. You will have the ability to request changes in your purchased site, or to make changes via your password in your purchased site, at any time in the future.
Your web material will be posted on the internet throughout time, with future hosting costs paid for by an investment made in a Perpetual Care Trust on the behalf of all memberships purchased through Eternal Star and its affiliates. The Perpetual Care Trust is managed by the Trust Department of the Mercantile National Bank of Indiana, a subsidiary of the Harris Bank of Chicago. Future liability beyond the 30 days 100% warranty period is limited to the amount of this trust payment. The amount varies according to a formula stipulated in the Trust Agreement as set by the Trust Department of the Mercantile Bank. A copy of the Trust Agreement will be mailed or emailed to you upon your request to Eternal Star, Inc.
Proprietary
Rights
You acknowledge and agree that this site contains proprietary information
that is protected by applicable intellectual property and other laws.
All site design, text, graphics, interfaces, and the selection and arrangements
thereof are ©2004 Eternal Star, Inc., all rights reserved. Such information
and materials may not be used except as provided in these Terms of Use
without advance, written permission of Eternal Star, Inc.
Use of Content on Site
We grant you permission to view this site and to download or print individual
pages of this site solely for your own personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice contained in
such content.
User-Created Content
By placing material on, or communicating with, this site, including, for
example, submission of a Guest Book entry, tribute, Member's story, or
photo, you represent and warrant that you own or otherwise control all
of the rights to the content that you provide, that the content is accurate,
that it does not violate these Terms of Use, and that it will not cause
injury to any person or entity. You grant Eternal Star, Inc. its affiliates
and related entities, a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, display, archive, store, distribute,
reproduce and create derivative works from all information and content
you provide to Eternal Star, Inc. 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 Eternal Star, Inc.
to include the information and content you provide in a searchable format
that may be accessed by users of this site and other Web sites. You also
grant Eternal Star, Inc. 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 Eternal Star, Inc. the right to use any material, information,
ideas, concepts, know-how or techniques contained in any communication
you send to us for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products using such information.
All rights in this paragraph are granted in consideration of your use
of this site and our services of making information and content you provide
us available to third parties and without the need for additional compensation
of any sort to you.
DISCLAIMER OF WARRANTIES
The information, opinions, services, products, and materials contained
on this site, including, without limitation, text, graphics, and links,
are provided on an "AS IS" basis with no warranty. Eternal Star,
Inc. makes no representations or warranties of any kind. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ETERNAL STAR, INC., DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION,
OPINIONS, SERVICES, PRODUCTS, AND MATERIALS, 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.
Site Accuracy
Eternal Star, Inc., does not represent or warrant that the information
accessible via this site is accurate, complete, or current. Eternal Star,
Inc. assumes no responsibility or liability for any errors or omissions
in the content of this site. Eternal Star, Inc. neither warrants nor represents
that your use of materials on this site will not infringe rights of third
parties not owned by or affiliated with Eternal Star, Inc.
User Conduct
We reserve the right to remove Member's stories, Guest Books, Guest Book
entries, photo uploads, audio, movie, video or any other content that
does not meet Eternal Star, Inc. standards. In cases in which payment
has been made for a removed Member's story or Guest Book, Eternal Star,
Inc. will issue a full refund. Without limiting our right to remove content,
we provide guidelines below for posting content on our site.Eternal Star,
Inc. does not allow you to post to this site of any material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights 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;
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
- unfairly interferes with any third party's uninterrupted use and enjoyment of this site.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- uploads copyrighted or other proprietary material of any kind on this site without the express permission of the owner of that material;
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files; or disrupts, interferes with, or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Indemnity
You agree to indemnify and hold Eternal Star, Inc., its subsidiaries and
affiliates, agents, officers, directors, or other employees harmless from
any claim or demand, including reasonable attorneys' fees, made by anyone
due to or arising from content you submit, post, transmit, or make available
through this site, your use of this site, your connection to this site,
your violation of these Terms of Use, or your violation of any rights
of another.
Permanence disclaimer
Subject to our right to remove content, Eternal Star, Inc., guarantees
that each Member's story is permanent and will remain on this site for
the duration of civilization.
LIMITATION ON LIABILITY
In no event shall Eternal Star, Inc., be liable to you for any direct,
indirect, special, punitive, incidental, exemplary or consequential damages,
or any damages whatsoever, even if Eternal Star, Inc., has been previously
advised of the possibility of such damages, whether in an action under
contract, negligence, or any other theory, arising out of or in connection
with the use, inability to use, or performance of the information, services,
and materials available from this site. These limitations shall apply
notwithstanding to any failure of essential purpose of any limited remedy.
Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to all visitors.
Eternal Star, Inc. also 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, or browsing in
this site, or of your downloading of any materials from this site. Eternal
Star, Inc. assumes no responsibility or liability arising from the content
of this site, as well as any off site pages or additional sites linked
to this site, for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy contained therein.
Eternal Star, Inc. will fully cooperate with any law enforcement authorities
or court order requesting or directing the disclosure of the identity
of any person posting any such information or materials.
Links and Framing
As a courtesy to you, this site may offer links to other web sites. Some
of these sites may be affiliated with Eternal Star, Inc., while others
are not. Eternal Star, Inc. is not responsible for the contents of any
web site pages created and maintained by organizations independent of
Eternal Star, Inc. Visiting any such third-party web site pages is at
your own risk. Eternal Star, Inc., has no control of these third-party
web site pages, nor can it guarantee the accuracy, completeness, or timeliness
of information in third-party web site 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 web site pages does not constitute or imply
an endorsement by Eternal Star, Inc. By using this site you acknowledge
that Eternal Star, Inc., is responsible neither for the availability of,
nor the content located on or through any third-party web site pages.
Applicable Law & General
Information
This site is created and controlled by Eternal Star, Inc. in the State
of Indiana, U.S.A. These Terms of Use will be governed by and construed
in accordance with the laws of the United States of America and the State
of Indiana, without regard to its conflicts of law provisions. Use of
this site is unauthorized in any jurisdiction that does not give effect
to all provisions of these Terms of Use. You hereby agree that any cause
of action you may have with respect to Eternal Star, Inc. must be filed
in a federal or state court located in Indiana, within one year of the
time in which the events giving rise to such claim began, or you agree
to waive such claim. If any portion of these Terms of Use is found to
be void, invalid or otherwise unenforceable, then that portion shall be
deemed to be superseded by a valid, enforceable provision that matches
the intent of the original provision as closely as possible. The remainder
of these Terms of Use shall continue to be enforceable and valid according
to terms contained herein. This shall be the entire agreement, superseding
all prior agreements between you and Eternal Star, Inc. regarding this
site. The failure of Eternal Star, Inc. to exercise or enforce any right
or provision of the Terms of Use shall not constitute a waiver of said
right or provision. Neither party hereto shall be deemed to be in default
of any provision of the Terms of Use or for failure in performance, resulting
from acts or events beyond the reasonable control of such party and arising
without its fault or negligence, including, but not be limited to, acts
of God, civil or military authority, interruption of electric or telecommunication
services, civil disturbances, acts of war or terrorists, strikes, fires,
floods or other catastrophes. Every effort will be made by Eternal Star,
Inc, to provide redundant protection of the site contents to maintain
its integrity or to reestablish full internet publication in case of catastrophes
as indicated above. The section titles in the Terms of Use are for your
convenience only and carry no contractual or legal effect whatsoever.
