This document was last updated on October 25, 2009. Please check back occasionally for updates and revisions.
Before using or subscribing to MyLifeHereOnEarth.com please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of MyLifeHereOnEarth.com.
MyLifeHereOnEarth.com is a service that allows Members to create personal profile accounts online in order to preserve their life forever.
MyLifeHereOnEarth.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyLifeHereOnEarth.com on the MyLifeHereOnEarth.com website. You agree to be bound to any changes to this Agreement when you use MyLifeHereOnEarth.com services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please be true to yourself when creating your account on MyLifeHereOnEarth.com, for this will be your life memory once your time has passed. Your MyLifeHereOnEarth.com account may not include the following items: photographs containing copyrighted materials, nudity, sexually explicit or otherwise objectionable subject matter.
MyLifeHereOnEarth.com assumes no responsibility or liability for this material.
MyLifeHereOnEarth.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your account with MyLifeHereOnEarth.com at any time, with or without prior notice, and without liability.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
- 1. Eligibility. By using the MyLifeHereOnEarth.com services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the MyLifeHereOnEarth.com services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age or not following the regulations applied in this Agreement.
- 2. Term. This Agreement shall remain in full force and effect while you use the MyLifeHereOnEarth.com services. MyLifeHereOnEarth.com may terminate your Membership at any time.
- 3. Fees. You acknowledge that MyLifeHereOnEarth.com reserves the right to charge for the MyLifeHereOnEarth.com services and to change its fees from time to time at its discretion.
- 4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyLifeHereOnEarth.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- 5. Proprietary Rights in Content on MyLifeHereOnEarth.com.
- 5.1. MyLifeHereOnEarth.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to your MyLifeHereOnEarth.com account. After posting your Content to the MyLifeHereOnEarth.com services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
- 5.2. You represent and warrant that: (i) you own the Content posted by you on or through the MyLifeHereOnEarth.com services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MyLifeHereOnEarth.com services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MyLifeHereOnEarth.com services.
- 5.3. MyLifeHereOnEarth.com services contain Content of MyLifeHereOnEarth.com ("MyLifeHereOnEarth.com Content"). MyLifeHereOnEarth.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyLifeHereOnEarth.com owns and retains all rights in the MyLifeHereOnEarth.com Content and the MyLifeHereOnEarth.com services. MyLifeHereOnEarth.com hereby grants you a limited, revocable, non sub licensable license to reproduce and display the MyLifeHereOnEarth.com Content (excluding any software code) solely for your personal use in connection with viewing the MyLifeHereOnEarth.com website and using the MyLifeHereOnEarth.com services.
- 6. Content Posted. MyLifeHereOnEarth.com may delete any Content that in the sole judgment of MyLifeHereOnEarth.com violates this Agreement or which may be offensive or illegal. MyLifeHereOnEarth.com assumes no responsibility for monitoring the MyLifeHereOnEarth.com services for inappropriate Content. If at any time MyLifeHereOnEarth.com chooses, in its sole discretion, to monitor the MyLifeHereOnEarth.com services, MyLifeHereOnEarth.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- 7. Content/Activity Prohibited. The following is a list of the kind of Content that is illegal or prohibited to post on or through the MyLifeHereOnEarth.com services. MyLifeHereOnEarth.com reserves the right to investigate and take appropriate legal action against anyone who, in MyLifeHereOnEarth.com sole discretion, violates this provision, including without limitation, removing the offending communication from the MyLifeHereOnEarth.com services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyLifeHereOnEarth.com:
- 7.1. Contains nudity, violence, or offensive subject matter or contains a link to an adult website.
- 7.2. Promotes information that you know is false or misleading or promotes illegal activities.
- 7.3. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any other copyrighted materials.
- 7.4. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- 7.5. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- 7.6. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- 9. Disclaimers. MyLifeHereOnEarth.com is not responsible for any incorrect or inaccurate Content posted on the MyLifeHereOnEarth.com website or in connection with the MyLifeHereOnEarth.com services, whether caused by Users of the MyLifeHereOnEarth.com services or by any of the equipment or programming associated with or utilized in the MyLifeHereOnEarth.com services. MyLifeHereOnEarth.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. MyLifeHereOnEarth.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MyLifeHereOnEarth.com services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyLifeHereOnEarth.com services. Under no circumstances shall MyLifeHereOnEarth.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MyLifeHereOnEarth.com services, attendance at a MyLifeHereOnEarth.com event, from any Content posted on or through the MyLifeHereOnEarth.com services, or from the conduct of any Users of the MyLifeHereOnEarth.com services, whether online or offline. The MyLifeHereOnEarth.com services are provided "AS-IS" and as available and MyLifeHereOnEarth.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- 10. Limitation on Liability. IN NO EVENT SHALL MYLIFEHEREONEARTH.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYLIFEHEREONEARTH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYLIFEHEREONEARTH.COM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYLIFEHEREONEARTH.COM FOR THE MYLIFEHEREONEARTH.COM SERVICES DURING THE TERM OF MEMBERSHIP.
- 11. Indemnity. You agree to indemnify and hold MyLifeHereOnEarth.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MyLifeHereOnEarth.com services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MyLifeHereOnEarth.com website or through the MyLifeHereOnEarth.com services.
- 12. Eternity. MyLifeHereOnEarth.com will do everything in its power to store your memories/data forever. But under unforeseeable circumstances should MyLifeHereOnEarth.com go out of business; MyLifeHereOnEarth.com shall not be held responsible for lost memories/data.
- 13. Other. This Agreement is accepted upon your use of the MyLifeHereOnEarth.com website or any of the MyLifeHereOnEarth.com services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyLifeHereOnEarth.com regarding the use of the MyLifeHereOnEarth.com services. The failure of MyLifeHereOnEarth.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.