Please read the following carefully before using eMemorialMarkers.com (hereinafter “eMM”) or any site powered by eMM (collectively, this “Site”).
4.Termination and Changes to Site
6.Disclaimer of Warranties
7.Limitation of Liability
8.Cancellation, Termination, Transfer and Expiration of Account/Services
10.Account, Password and Security
14. Third Party Software
15. Jurisdiction, Applicable Law and Limitations
16. General Provisions
18. General Information
19. Information Collected
20. How Your Information is Used by eMM
21. ALERT: Your Site Postings Are Generally Accessible to the Public
22. Children’s Privacy
24. Security Measures
25. Correcting, Updating and Changing Information
26. Opt-Out Procedures
27. Advertisements and Links
28. Changes to this Policy
29. Additional Information
30. Privacy Rights in California
2. User License
No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above.
Except as specifically authorized by eMM, you may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site. eMM 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 this Site or any content contained therein, whether in whole or in part without due recognition to eMM.
Any rights not expressly granted herein are reserved.
B. User Conduct. You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations. You also agree:
that you will comply with US law and local laws or rules regarding online conduct and acceptable material, and regarding the transmission of technical data exported through the Site or any service provided by eMM from the US or the country in which you reside;
not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 16 (a "Minor");
not to use the Site for illegal purposes;
not to commit any acts of infringement on the Site or with respect to content on the Site;
not to use the Site to engage in commercial activities;
not to create or maintain a Memorial Website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a Memorial Website, or other material.
not to attempt to gain unauthorized access to other computer systems from or through the Site;
not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
not to upload or transmit viruses or other harmful, disruptive or destructive files;
not to disrupt, interfere with, or otherwise harm or violate 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.
C. 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.
3. Site Content
A. Nature of User Material. Some of the services offered by eMM on this Site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for eMM's Website.
You agree not to Submit any Material that:
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity 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;
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;
contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
harms or is inappropriate for minors to view;
links to any commercial or other website;
exceeds 4 minutes in length or duration when played on the Site;
B. User Representations and Warranties. Each time you Submit Material to this Site, you represent and warrant that you have the right to Submit the Material to this Site, which means:
you are the author of the Material, or
you have express permission from the copyright owner to post the Material on this Site; and
C. User License Grant to eMM. You grant eMM, 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, and reproduce from all Material you provide to eMM 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 eMM to include the Material you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant eMM 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 eMM 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 this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. eMM does not claim ownership of Material you Submit to the Site.
D. Disclaimer of Responsibility for Material. You acknowledge and agree that eMM does not control the Material Submitted to eMM Websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. eMM specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or delete any marker or biography, or other Material. In addition, eMM does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. eMM assumes no responsibility or liability for any errors or omissions in the content of this Site.
E. Review, Removal and Change of Status of Material.
eMM reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or delete (at any time and without prior notice) any photos, any marker or biography or any Material that eMM believes, in its absolute and sole discretion, may violate any of the aforementioned sections. eMM also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or delete (at any time and without prior notice) any photos, any marker or biography or Material on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. eMM also reserves the right (at any time and without prior notice) to change the status of a any marker or biography from public access to private access upon complaint by a third party for any reason, in eMM’s sole and absolute discretion. No refund will be offered or given by eMM.
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 this Site infringes your copyright, you (or your agent) may send eMM a notice requesting that the Site 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 located on the Site 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 eMM to locate the content or Material on the Site; (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 Site should be sent through the eMM Contact Us Form. eMM 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.
4. Termination and Changes to Site
eMM reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and services relating to any marker or biography, and other services provided by eMM.
6. Disclaimer of Warranties
The information, content, products, services, and materials contained on this site (whether provided by eMM, 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, eMM 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.
7. Limitation of Liability
A. In no event shall eMM be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if eMM 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, performance of, or services provided on, this site. eMM 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 this site. eMM assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through this site, as well as any third party website pages or additional websites linked to this site, 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 eMM’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 the amount paid by you to eMM , if any.
8. Cancellation, Termination, Transfer, and Expiration of Account/ Services
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Site, you will have no right to any Material or Information you Submitted, and eMM 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 any marker or biography. eMM 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 service on the Site, will be terminated at eMM’s discretion. You agree that eMM shall not be liable to you or any third-party for any termination of your access to any service.
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason) by user or eMM, there shall be no refund of money you paid to eMM, neither in portion, nor entirety.
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason), eMM retains all rights to the marker, information, and name of the deceased.
The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site 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 Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site.
Pursuant to 47 U.S.C. Section 230 et seq., as amended, eMM 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.
10. Your Account
Some services offered on the Site (such as the creation of any marker or biography) may require you to register and/or create an account with eMM. During this process, you must select an account designation and password and provide certain personal information to eMM, including a valid email address. In consideration of the use of eMM’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 eMM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eMM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (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 eMM 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. eMM 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.
As a courtesy to you, this Site may offer links to other websites. eMM is not responsible for the contents of any website pages created and maintained by organizations independent of eMM. Visiting any such third-party website pages is at your own risk. eMM has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website 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 website pages do not constitute or imply an endorsement by eMM. By using this Site you acknowledge that eMM is responsible neither for the availability of, nor the content located on or through any third-party website pages
eMemorialMarkers® registered trademark and common law trademark. Such trademarks and other marks, logos, and names of eMM, used on or in connection with this Site may not be used in connection with any product or service that is not under eMM’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits eMM. All other trademarks not owned by eMM or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eMM or its affiliates.
B. Icons: Marker icons are restricted to individuals that have obtained legal right to use such icon. No individual may use an icon that they have not obtained legal right to use. By purchasing an icon to identify the place that was special to your loved one, you authorize eMM on your behalf to use said icon. You grant indemity to eMM to use of said icon and you accept all legal responsibility for its use.
c. Purchase of icon allows use of icon for limited time. You are restricted to use of only one icon at any time. The use of a purchased icon can be terminated at any time due to (but not limited to) purchase of additional icon, deletion of marker, deletion of account, or any reason deemed appropriate by eMM. No refund will be offered or given by eMM. By purchase and use of initial or subsequent icons, you agree to revoke your right to any refund.
14. Third Party Software
15. Jurisdiction, Applicable Law and Limitations
Contact eMM. For purposes of providing notice of cancellation or termination, contact eMM through the Contact Us Form.
18. General Information
19. Information Collected
Personally Identifiable Information.
Examples of Personally Identifiable Information we collect include name, postal address, e-mail address, credit card number and related information, and phone number. With respect to any marker or biography, we also collect the date of birth and date of death for the deceased person. We also maintain a record of all information that you submit to us, including e-mail and other correspondence. We may collect Personally Identifiable Information when you register to receive alert or email subscriptions and mailings, sponsor or submit information for any marker or biography, post other content on the Site, purchase products or other services, or participate in other activities offered or administered by eMM.
We may also collect Personally Identifiable Information about your transactions with us and with some of our business partners. This information might include information necessary to process payments due to us from you, such as your credit card number.
We do not intentionally or knowingly collect Personally Identifiable Information about children under the age of 16. Please see the section on “Children’s Privacy” below.
Other User Information.
Like most websites, eMM also receives and records information on our server logs from your browser automatically and through the use of electronic tools such as cookies. Our server logs automatically receive and record information from your browser (including, for example, your IP address, and the page(s) you visit). The information gathered through these methods is not “personally identifiable;” i.e., it cannot be used to uniquely identify, contact, or locate a single person.
20. How Your Information Is Used by eMM
Use of Personally Identifiable Information:
We do not sell or share your Personally Identifiable Information with unrelated third parties for their direct marketing purposes.
Personally Identifiable Information and other personal information you specifically provide may be used:
To provide the Services we offer, to process transactions and billing, for identification and authentication purposes, to communicate with you concerning transactions, security, privacy, and administrative issues relating to your use of the Site and Services, to improve Services, to do something you have asked us to do, or to tell you of Services that we think may be of interest to you.
to communicate with you regarding our Site and Services.
for the administration of and troubleshooting regarding the Site.
Certain third parties who provide technical support for the operation of the Site (our web hosting service, for example), may need to access such information from time to time, but are not permitted to disclose such information to others.
We may disclose Personally Identifiable Information about you under the following circumstances:
Use of Anonymous Information:
Certain information that we collect automatically or with electronic tools (such as cookies) is used to anonymously track and measure user traffic to this Site and to enhance your experience on this Site. For example:
IP Addresses/Session Information. We may obtain IP addresses from users depending upon how you access our Site. IP addresses, browser, and session information may be used for various purposes, including to help administer this Site and diagnose and prevent service or other technology problems related to this Site. This information also may be used to estimate the total number of users visiting the Site from specific geographical areas, to help determine which users have access privileges to certain content or services that we offer, and to monitor and prevent fraud and abuse. IP addresses are not linked to Personally Identifiable Information
Cookies. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website’s computers and stored on your computer’s hard drive. You can configure your browser to accept cookies, reject them, or notify you when a cookie is sent. If you reject cookies, you may not be able to use our Services that require you to sign in, or to take full advantage of all our offerings. Cookies may involve the transmission of information either directly to us or to another party we authorize to collect information on our behalf. We use our own cookies to transmit information for a number of purposes, including to:
require you to re-enter your password after a certain period of time has elapsed to protect you against others accessing your account contents;
keep track of preferences you specify while you are using the Site;
estimate and report our total audience size and traffic;
conduct research to improve the content and services provided on the Site.
We may share anonymous information aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. with our partners, advertisers and others.
21. Privacy Alert: Your Site Postings Generally Are Accessible to the Public
Your own use of the Site may disclose personal information or Personally Identifiable Information to the public. For example:
This Site makes any marker or biography, and other postings to our Services available for viewing by all our visitors UNLESS the sponsor or host of a Service selects a privacy setting that restricts public access, which is done by deleting the marker or biography. Please remember that any information disclosed on a non-restricted Service becomes public information and may be collected and used by others without our knowledge. You therefore should exercise caution when disclosing any personal information or Personally Identifiable Information in these forums.
22. Children’s Privacy
eMM does not intentionally or knowingly collect from or maintain Personally Identifiable Information of children under the age of 16, nor do we offer any content targeted to children.
In the event that eMM becomes aware that a user of the Site is under the age of 16, the following additional privacy terms and notices apply:
Prior to collecting any Personally Identifiable Information about a child that eMM has become aware is under the age of 16, eMM will make reasonable efforts to contact the child’s parent/guardian, to inform the parent/guardian about the types of information eMM will collect, how it will be used, and under what circumstances it will be disclosed, and to obtain consent from the child's parent/guardian to collection and use of such information.
Although eMM will apply these children's privacy terms whenever it becomes aware that a user who submits Personally Identifiable Information is less than 16 years old, no method is foolproof. eMM strongly encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
Personally Identifiable Information collected from children may include any of the information defined above as Personally Identifiable Information with respect to general users of the Site and may be used by eMM for the same purposes.
A child's parent or legal guardian may request eMM to provide a description of the Personally Identifiable Information that eMM has collected from the child, as well as instruct eMM to cease further use, maintenance and collection of Personally Identifiable Information from the child.
eMM is the sole owner of the information collected on this Site. Therefore eMM reserves the right to distribute any and all statistical information as is necessary. This information could be used to raise awareness by providing reports about hazardous situations and preventable fatalities.
24. Security Measures
The security and confidentiality of your Personally Identifiable Information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect guest information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and no data transmissions over the web can be guaranteed 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
25. Correcting, Updating and Changing Information
You may modify and correct Personally Identifiable Information provided directly to eMM for any marker or biography if necessary. eMM offers users the following options for updating information:
Directly within edit mode of your marker or biography,
Send an e-mail to us through the Contact Us Form.
26. Opt-Out Procedures
You may opt out of receiving future mailings or other information from eMM. If the mailing does not have an e-mail cancellation form, send an e-mail through the Contact Us Form detailing the type of information that you no longer wish to receive.
27. Advertisements and Links
28. Changes to This Policy
29. Additional Information
Only one coupon code may be used per each transaction.
30. Your California Privacy Rights
California residents have additional privacy rights, as set forth in the California Civil Code, Section 1798.83.
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.
eMM does not share information with third parties for their direct marketing purposes. California customers may request further information about our compliance with this law by e-mailing through the Contact Us Form. Policy last updated: April 2015.