Our Departed

The Terms of Use, including the Privacy Policy, is a legally binding contract between You and our departed. By using the Website and benefiting from what it has to offer, You acknowledge that You have read, understood, and agree to be bound by the Terms of Use.

1.      Definitions

In the Terms of Use, the following terms have the following meanings

1.1 "our departed" and "Our Departed memorials" means ourdeparted.com website.

1.2 "Registered User" means a user who registers with the Website.

1.3 "Minor" means any person under the age of 16, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).

1.4 "You" means either (a) a User of the Website (whether or not a Registered User) not being a Minor, or (b) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Website. In case (b) You will be held legally responsible for the acts of the Minor.

1.5 "Website" means our departed or Our Departed Memorials website available at the URL www.ourdeparted.com and www.ourdepartedmemorials.com 

2. User Licence

2.1 You are licensed to access and use the Website solely for personal purposes in accordance with the terms set out in the Terms of Use.

2.2 Use for commercial purposes and any re-publication of the Website or content on the Website is strictly prohibited, and 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

2.3 Software may be made available in connection with the Website, which You may be permitted to access or download. You may only download, copy, distribute or reuse software provided by the Website where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

3. Website content

3.1 It is the intention of our departed to take reasonable measures to protect and preserve the content submitted by You.

3.2 All intellectual property rights in and relating to the Website and the content displayed on the Website (other than contributions of Users) are owned by our departed.

3.3 You warrant that You own all material You post to the Website or elsewhere or have the right to post such material and the right to grant our departed the license set out in the Terms of Use. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful.

3.4 You grant our departed a non-exclusive perpetual royalty-free license in their absolute discretion to host, distribute, edit or remove any part of the material posted to the Website.

3.4.1 You are solely responsible for all content that You post to the Website. You may not post, and our departed may in their absolute discretion remove any content that they believe:

3.4.2 constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;

3.4.3 You must not upload, post or otherwise transmit to the Website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.

3.4.4 Upon submission of content to the Websites by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.

3.4.5 You must not upload, post or otherwise transmit to the Website any material that is under copyright by a person or persons other than yourself.

3.5.6 Any content submitted by You that is deemed to be in breach of the Terms of Use will result in the content being removed, even if You have paid to use the services provided through the Website.

3.5.7 Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.

3.5.8 is defamatory of a real or legal person, or of goods or services:

i violates a person's privacy or other rights relating to personal information;

ii depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;

iii is blasphemous or incites religious hatred;

iv impersonates or falsely attributes material to any person or entity;

v is discriminatory in any way, including by way of sex, race or age discrimination;

vi discloses confidential or proprietary information of another person;

vii might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;

viii our departed deems to be, offensive, immoral or illegal;

ix creates a risk to safety or health, or compromises national security or official secrets;

x is otherwise malicious, fraudulent, or may result in the reputation of the Website, our departed being damaged;

xi is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to our departed,;

xii otherwise violates the Terms of Use.

4. Communications with Users

4.1           our departed may send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.

4.2              our departed may, through the Newsletter, provide marketing opportunities to carefully selected 3^rd parties. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in any Newsletter.

4.3              Our departed make no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from our departed.

5. No Warranty; Liability and Indemnity

5.1           our departed provides all content in the Website "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) does our departed make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.

5.2           our departed shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, our departed can not be held liable for any content that is posted by Users to the Website. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against our departed.

5.3           You will indemnify our departed from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from your actions (including resulting from the content posted by You or otherwise on the Website).

5.4           Nothing in the Terms of Use limits our departed's liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.

5.5           Any material obtained through the use of the Website is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.

5.6           In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. our departed provide a comprehensive service at a minimal cost and, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.

5.7           If You are dissatisfied with the Website, or do not agree to any of the terms of the Terms of Use, your sole and exclusive course of action is to discontinue using the Website.

6. Minors

6.1           The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Websites. Use of any part of the Website is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Website.

6.2           The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.

6.3           our departed can not be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 16 or over.

7.Registration and Security

7.1           As part of the registration process, You will select a password and choose a unique web address for your memorial page. You must provide our departed with accurate, complete, and updated personal registration information. You must not use a web address that our departed, in its sole discretion, deems offensive or otherwise inappropriate.

7.2           You shall notify our departed immediately of any known or suspected unauthorized use(s) of your memorial page, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You acknowledge and agree that under no circumstances can our departed be held liable for any acts or omissions by a Registered or other User of the Website.

 8. Sites and Sponsorship Fees

 8.1           Subject to the terms of the Terms of Use, the memorial page created by Registered Users via the Website is available to be viewed online at no charge.

8.2           All sites can be edited without charge at any time.

9. Termination

9.1           our departed will have the right to edit or delete your content and/or terminate the Terms of Use and/or your access to the Website, at any time without notice in their absolute discretion. Without limitation to the generality of the foregoing, our departed, will have the right to edit or delete your content and/or terminate the Terms of Use, and/or your access to the Website, at any time without notice in the event that:

9.1.1               You breach any term of the Terms of Use;

9.1.2               technical or other issues mean that it is no longer practicable for our departed to continue to operate the Website in whole or part.

9.2           The Terms of Use shall automatically terminate in the event that You unsubscribe from the services provided via the Website or from the communications sent to you from our departed. A Registered User may at any time ask our departed to delete without charge a memorial page created by that User.

9.3           Upon termination of the Terms of Use or access to the Website (for whatever reason), there shall be no refund of money paid to our departed.

10.General

10.1      The parties agree that our departed offer a 100% satisfaction guarantee.  Should You be unhappy, for whatever reason, with the service offered by our departed we will undertake to refund your money paid for that current year's hosting.  You agree that upon refund of your money our departed reserve the right, at our discretion, to completely remove any material you have put onto the Website.

10.2      Correspondence must be sent by post to: our departed , address:. 79 High Street, Cottenham, Cambridge CB24 8SD, United Kingdom.

10.3      The Terms of Use, which incorporates our Privacy Policy, constitutes the whole of the legal contract between You and our departed.

10.4      Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with English law.

10.5      The parties do not intend the Terms of Use to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.

10.6      In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.

10.7      our departed reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of our departed assign, license or subcontract this agreement or any of your rights or obligations under it.

10.8      our departed reserves the right to update and change the Terms of Use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Website is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Website at any time. Continued use of the Website now or following changes in this agreement implies that You have read, accepted and are bound by the changes.

10.9      our departed will not file a specific copy of the Terms of Use with You.

10.10 The Terms of Use are only available in English.

September 2007