Terms & Conditions
These Terms & Conditions (“Terms”) apply to all users of Honor Their Memory.
By using this Website/Site, you agree and acknowledge that you have carefully read and shall be bound by these Terms & Conditions.
References in these Terms to ‘we” or “us” or “Website/Site” or “company” or “Honor Their Memory” are references to the Honor Their Memory Website and/or Honor Their Memory, LLC, and “you” as “subscriber” or “user” “customer” or “visitor” or “client” (including both natural and legal persons) of Honor Their Memory.
THESE TERMS & CONDITIONS ARE A LEGALLY BINDING DOCUMENT BETWEEN USER AND HONOR THEIR MEMORY. THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND HONOR THEIR MEMORY FOR THE USE OF THE WEBSITE (DEFINED BELOW).
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
1. General
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- Honor Their Memory is an internet based service that compiles a high quality bound volume to honor the memory of a now deceased loved one (be they a beloved individual, or pet). The contents of the book will consist of, but may not be limited to, pictures, mementos, correspondence, emails, and other digital media, as uploaded to our site by the customer, or others, at the direction of the customer. You hereby represent warrant and covenant that (i) you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; any materials that you upload to this website and/or to Honor Their Memory (ii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iii) that you are 18 years of age or older; (iv) that the materials will not violate the rights of, or cause injury to, any person or entity; and (v) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials submitted via the Site by you or by others using your username and password, and/or designated by you to make submissions to Honor Their Memory.
The party with whom you are contracting is Honor Their Memory, LLC, an entity organized under the laws of the State of Pennsylvania, USA, and operating under the laws of the USA.
- Our address is Honor Their Memory, 13 Summit Square Center, #236, Langhorne, PA 19047. If you have any questions, please contact us at legal@honortheirmemory.com
- These Terms of Use (hereafter “Terms”) and other policies referred to herein apply and are legally binding for users of the website and our services (the “Site”). You must read and agree to these Terms and conditions before you purchase anything on the site. By using the Site and/or purchasing product offered thereon, you are deemed to have accepted these Terms of Use and agree to comply with them. These Terms apply for as long as you have a customer relationship with Honor Their Memory. Because you have to consent to these Terms as a condition of service, we will need to collect your information as is necessary for the performance of our contractual obligations under these Terms, compliance of any legal obligation or pursuant to our business’ legitimate interests. Please read our Privacy Policy to understand how we handle personal information. If at any point in time you disagree or withdraw your consent to be bound by these Terms, you may not use the Site and related services.
2. Access and Account Registration
- You can view and browse most of the site freely but you may need to register to access certain areas or services on the site. When you register, you will be able to create a password to protect your account. Please make sure that all registration information you submit is accurate. In some cases, we may decline registration applications if there are reasonable grounds to believe that registration is sought for fraudulent usage. If you need to access, update or delete any information held about you in connection with the site, please contact us at legal@honortheirmemory.com. You can also log in to your account and update your details there. Please read our Privacy Policy which explains how we collect, store, use, disclose and protect personal data in connection with the use of this website.
- Your account password is for your personal use only. Don’t tell or show it to anyone else or allow anyone to use it. If you forget your password or think it is no longer confidential, you can change it on the Site under Account Login page. Please click on the “forgot password” link and submit the email associated with your account. Your password will be generated and sent to the email associated with your account. Our aim is to enable users to use the website safely and we will therefore make good effort to maintain the security and integrity of the Site.
3. Sales Terms and Conditions
- Products and Services. You may purchase the HONOR THEIR MEMORY bound volumes directly on the website. Please verify your details including your name and email, in the shopping cart. Products are sold at the purchase price indicated on the website at the time of placing your order. You can pay for the products using PayPal or credit / debit cards.
- Delivery: Please note that you are purchasing a high quality bound volume which will be delivered to the mailing address which you provide to us. Please note:
- Refunds: Honor Their Memory offers a high quality bound volume honoring the memory of your loved one, based on extensive compilation of intangible digital uploads from you and your designated family and friends. Due the nature of this product(s), the product(s) is not eligible for refunds or reprints.
4. Content of the website
- This website contains different kinds of content including illustrations, graphics, designs, artwork, icons, images, photographs, text, and/or videos (together referred to as “website content”) all of which we or our licensors provide. We want you to make use of the content in a fair and reasonable way. The website content is protected by US copyright and other intellectual property rights which are exclusively owned by us and/or our suppliers.
- You must not, or attempt to, make mass, programmed or systematic retrieval of the Website content and illustrations or use them to create or include within an electronic database, or attempt to re-sell or re-distribute them. We may restrict the way in which external websites link to, frame or show any content on the site. Except where the law permits, you should not, or attempt to, decrypt, decompile, disassemble or reverse-engineer the code used in any software on this Site into a comprehensible form so as to inspect the design of such software.
5. Changes to these Terms and Conditions
- Please note that these terms are subject to change without notification. This page will always contain our up-to-date Terms of Use for your reference. We will try to give you prior notice if we do but this may not always be possible.
- If you are in violation of these Terms, or we have reasonable grounds to believe that you are, we may restrict and/or terminate your access to this website without prior notice.
6. Warranty:
- To the best of Honor Their Memory’s knowledge, the bound volume which you purchase is created solely by us and we own all rights, title and interest in the intellectual property which is invested in this product designs and all intellectual property rights protecting it are free and clear of all encumbrances including licenses, liens, charges and other restrictions. Please note that while we exercise diligence, skill and caution with the content on the Site and the products sole hereon, we cannot check every detail or product or promise that graphical, typographical or other errors and inaccuracies will not occur on the Site and/or a product purchased on site. However, we will exercise the highest level of care possible to make certain that every product purchased on this site is free of any graphical, typographical, or other errors and inaccuracies.
- We do not make or offer any warranty including, but not limited to, warranty of merchantability, fitness for particular purpose, or any other warranty than those expressly provided herein.
7. Links to external websites
This website may feature third-party advertising and links to other sites. While we may include links to our affiliates and/or service providers, we do not necessarily endorse, approve or promote and cannot control any third-party content which may be accessed through this website. We encourage you to exercise caution when accessing such other websites and content and read their terms of use and privacy notices.
8. Limitation of liability
- Our Site designs, illustrations and/or tutorials are offered subject to these Terms and restrictions specified herein. We do not warrant or guarantee that the Site will be available at all times. It may be unavailable during periodic or emergency maintenance or be inaccessible due to server downtime, software bugs or errors or for other technical reasons.
- Honor Their Memory shall not be legally responsible and shall not reimburse you for any loss or damage you may suffer unless we have failed to perform our obligations under these Terms of Use to a reasonable standard or contravened any statutory duty, including if we have caused death or personal injury by our negligence, and that failure is not attributed to: (a) your own fault, (b) a third party not related to our performance of this Agreement, for example problems due to communications, network performance, congestion and connectivity or the performance of your computer equipment or software; or (c) any other events which we could not have foreseen or anticipated even if we had taken reasonable precaution.
- You agree that we will not assume liability for loss of or damage to your device or other personal property or any other losses which you suffer arising from or in connection with the use of the Site, designs and other digital downloads except where such loss or damage is due to our neglect or failure to take reasonable precautions and such losses are reasonably foreseeable. Please take precautions to protect yourself against harmful applications or devices including through the use of anti-virus software. We cannot guarantee that purchased products will remain on the server after they have been downloaded. Please note that we will not be responsible for losses related to any business such as lost downloads, data, lost profits or business interruption.
General
- These Terms shall be governed by and construed in accordance with the relevant laws of the USA and you and we agree to bring any legal action about these Terms in the State of Pennsylvania. We will try to resolve disputes quickly and amicably.
- If you are in breach of these Terms and we do not take any action against you, we may still take action against you later or if you breach the same term on another occasion or if you breach a different term.
- If any provision of these Terms is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.
- These Terms constitute the complete understanding between us relating to your use of the Site and designs, illustrations and artwork provided thereon.
- Only you or Honor Their Memory have the right to enforce any provision under these Terms.
Contact
If you are uncertain about anything appearing on the site, or think that there may be an error, please contact us at legal@honortheirmemory.com. If you wish to close your account and terminate your access for any part of this website at any time please contact us at the email provided above.