Terms of Use 

Introduction 

The following Terms of Use outline your obligations when using the website www.memmento.com. You shall also review our Privacy Policy, which outlines mutual rights and obligations and practices towards handling any personal information that you may provide to us. 

1. Acceptance of Terms of Use 

The web pages available under the domain www.memmento.com and all linked pages (the “Web site”), are owned and operated by Sedmá kapitalistická, a.s., with registered office at Praha 2, Riegrovy sady 38, Postal Code 120 00, the Czech Republic, ID 25605470, registered in Commercial register maintained by Municipal Court in Prague, Section B, File 4920 (the “Company“) and is accessed by you under the Terms of Use described below (the “Terms of Use”). By (i) using this Web site in any way, including using, transmitting, sharing, downloading or uploading the Content or Services (as these terms are defined below) made available or enabled via the Web site by the Company, or (ii) reading or partictipating in discussions contained on Web site, or (iii) merely browsing the Web site, you agree to become bound by these Terms of Use. “Content” means any materials displayed, transmitted or performed on the Web site (including, but not limited to text, photographs, images, video and audio records, user comments, messages, information, data, graphics, articles, software). “Services” means the both paid and unpaid services provided by the Company through the Web site (including, but not limited memorial flowers, memorial music, tombstone, eternity seal and email services). 

2. Use of the Content and Services 

Company make some Content or Services available only if you have paid a fee and/or have provided Company with certain registration information (collectively, the "Account Information"). You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account and also for all activities done on the Web site (e.g. uploaded photographs, video or audio records, written memories or discussion posts) using your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Company immediately. You may not use another persons' Account Information. Company may require that you change your Account Information or certain parts of your Account Information provided such information is in violation with this Terms of Use. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. Company reserves the right to refuse registration in its discretion. You hereby acknowledge that for correct use of the Web site it may be sometimes necessary to store some data to your system, otherwise the Web site may not function correctly. You are solely responsible for applying the appropriate setting of your browser and system. Company may change, suspend or discontinue the availability of the Content or Services for any reason, at any time. Company may also impose limits on certain Content or Services or restrict your access to parts or all of the Web site without notice or liability. You agree to use the web only for purposes that are permitted by this Terms of Use and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction. 

3. User conduct 

As a condition of use, you are obliged not to use, or encourage or permit others to use, the Web site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Company, including, without limitation 

1. to create a memorial not dedicated to a single person, which is proven to be dead; 

2. to abuse, harass, threaten, impersonate or intimidate other Web site users; 

3. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party; 

4. to post or transmit, or cause to be posted or transmitted, any Content that is blasphemous or incites religious thread, or impersonates or falsely attributes material to any person or entity or discloses confidential or proprietary information of another person; 

5. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; 

6. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Web site user; 

7. to create or submit unwanted email ("Spam") to any other Web site users or any URL; 

8. to violate any laws in your jurisdiction (including but not limited to copyright laws); 

9. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic Content; 

10. to advertise to, or solicit, any user to buy or sell any products or services; 

11. to use the Web site for commercial purposes of any kind; 

12. attempt to impersonate another user or person; 

13. engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); 

14. use any Company domain name as a pseudonymous return email address; 

15. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; 

16. access or use the Web site in any manner that could damage, disable, overburden or impair any Company server or the networks connected to any Company server; 

17. use any data mining, robots, or similar data gathering and extraction methods in connection with the Web site. 

Any Content that is deemed to be in breach with these Terms of Use will result in the removal of such Content (including, but not limited to the Content or Services made available upon payment of fee). In case of such removal of Content by Company, the fees are not refunded. 

You are solely responsible for your interactions with other users of the Web site. Company reserves the right, but has no obligation, to monitor disputes between you and other users. 

You warrant that you own all Content that you post, upload or link to the Web site. Upon notification and proof of copyright infringement to the Company, your memorial or a single photograph, video or audio record may be suspended or terminated. By creating of memorial you undertake an obligation to seek and provide compliance of the Content of this memorial with this Terms of Use. Company hereby provides you with right to terminate Content on the memorial created by you, that is in breach with these Terms of Use. 

4. Intellectual Property Rights 

The trademarks, logos and service marks displayed on the Web site (the "Marks") are the property of the Company or third parties and are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks, except for the intelligence purposes and recommendation that is not likely to cause confusion. In particular, at no time you are entitled to alter or modify the Marks in any manner. By submitting Content to the Web site (e.g. uploading photographs, video or audio records, written memories or discussion posts), you automatically grant to the Company unlimited and royalty-free right to store such Content. 

5. Links 

The Web site may include, or third parties may provide, links to other sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

6. International Access 

This Web site can be accessed from countries around the world and may contain references to services and content that is not available in your country. These references do not imply that Company intends to announce such services or content in your country. This Web site is controlled, operated and administered by the Company from its offices in the Czech Republic. Company make no representation that the Web site, Services or Content are appropriate or available for use at other locations outside the Czech Republic, and access to the Web site from jurisdictions where the Web site, Services or Content are illegal is prohibited. Company reserves the right to block access to the Web site, services or content by certain international users. If you access the Web site from a location outside the Czech Republic, you are responsible for compliance with all local laws. 

7. Indemnity 

You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney fees and cost) from any claim or demand made by you or any third party due to or arising out of your access to the Web site, use of the Content or Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your Account Information, of any intellectual property or other right of any person or entity. 

8. Modifications of the Terms of Use 

Company reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Company may notify you by posting an announcement on the Web site. What constitutes a "material change" will be determined at Company's sole discretion, in good faith and using common sense and reasonable judgment. Regardless of stated above, you shall be solely responsible for reviewing and becoming familiar with any such modifications. Use of the Web site, Content or Services by you following such a modification of Terms of Use constitutes your acceptance of the terms and conditions of the Terms of Use as modified. 

9. Termination 

Company may terminate or suspend your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

10. Miscellaneous 

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the Czech Republic.