Terms of Service RiverofMemories Latest Version: August 2008 1. ACCEPTANCE OF TERMS Welcome to the RiverofMemories online service website. Please read the following Terms of Service (TOS) before using the services of the website RiverofMemories (ROM). If you are browsing, using or viewing, or uploading any content or data onto the ROM website, you agree to these the TOS as a legal agreement between you and the company EmotionsTech without limitation. You are not allowed to use the website ROM if you do not agree to the TOS. The company Emotionstech reserves the right to modify these TOS at any time without prior notice. The usage of the website ROM is bound to the latest version of these TOS and with each visit you confirm that you have read and agreed to the latest version of these TOS. 2. DESCRIPTION OF SERVICE ROM is a online service provided by the company EmotionsTech. ROM website provides users with access to a collection of resources, including various tools to create a user managed memorial website, forums, chats, shopping services and personal content through its network of properties (Service). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for ROM to provide the Service. You also understand and agree that the Service may include certain communications from ROM, such as service announcements, administrative messages and the ROM newsletters and email newsletters. 3. ROM LICENSE TO USER With the ROM user license the company EmotionsTech gives you permission to view the website ROM and to download, email, or print pages of the website ROM in accordance with these TOS. This permission is only for your own personal, non commercial use. No other use is permitted. The ROM user license can be revoked at any time and without any reason. 3. 1 ACCOUNT REGISTRATION OBLIGATIONS You agree to provide true, accurate, current and complete information about yourself when creating a user account as prompted by the ROM website and you agree to maintain and promptly update the account data to keep it true, accurate, current and complete. 3.2 USER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the ROM account creation process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ROM of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. ROM cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 3.3. ROM USER CONDUCT You agree to the following: that your use of the website ROM and/or the Service is subject to all applicable local, state, national and international laws and regulations - that you comply with U.S. laws and local laws and regulations regarding online conduct and regarding the Service of the website ROM from U.S. or the country in which you reside - that you do not use the Service of the website ROM without the agreement of a parent, guardian or supervisor if you are under the age of 13 (Minor) - that you do not use the Service of the website ROM for illegal purpose - not to commit any acts of infringement on the website ROM or with respect to content on the website ROM - to use the website ROM only for the purpose of the Service - not to interfere with another person’s use and enjoyment of the website ROM - not to use website ROM for chain letters, junk mail, spamming, or use of distribution lists - not to upload or transmits viruses or other harmful, disruptive or destructive files via the website ROM 3.4 ROM CONTENT 3.4.1 NATURE OF ROM WEBSITE USER The Service ROM allows you and others to upload and submit content to create a memorial website to honor and tribute to deceased friends and relatives. You agree to the following: - that this content does not contain any form of vulgar, abusive, hateful, or sexually explicit language, text, illustrations, sounds or videos in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate. - that this content is not defamatory, threatening, disparaging, 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. - that this content is not unfairly interferes with any third party's uninterrupted use and enjoyment of the website ROM. You agree that this content does not advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose. - that this content does not contain copyrighted content without the express permission of the owner of the copyrights in the content. - that this content does not 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. - that this content does not discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor. - that this content does not harm or is inappropriate for minors to view. - that this content does not links to any commercial or other website. - that ROM does not pre-screen content, but that ROM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, ROM and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. - that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by ROM or submitted to ROM, including without limitation information in ROM Message Boards, ROM Forums, and in all other parts of the Service. 3.4.2 ROM USER AND WARRANTIES You respresent and warrent each time you upload and submit content to the website ROM. You represent and warrent that you have the right to upload and submit the content to the website ROM. 3.4.3 USER LICENSE GRANTED TO ROM - You agree to grant the company EmotionsTech a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all content you provide to website ROM 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 the company EmotionsTech to include the content you provide in a searchable format that may be accessed by users of the website ROM and other websites owned by EmotionsTech. - The company EmotionsTech does not claim ownership of the content upload and submitted by website user to website ROM. 3.4.4 DISCLAIMER OF RESPONSIBILITY FOR MATERIAL / CONTENT You acknowledge and agree that EmotionsTech does not control the material submitted to the website ROM or any other services permitting user-generated material or content, and disclaims any responsibility for such material. EmotionsTech specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any submitted material to the website ROM. In addition, EmotionsTech does not represent or warrant that any other content or information accessible via the website ROM is accurate, complete, or current. Price and availability information is subject to change without notice. EmotionsTech assumes no responsibility or liability for any errors or omissions in the content of the website ROM. 3.4.5 REVIEW AND REMOVAL OF MATERIAL/CONTENT 3.4.5.1 EmotionsTech reserves the right (but disclaims any responsibility) to review, screen, refuse to post, delete, or edit (at any time and without prior notice) any material/content that EmotionsTech believes, in its absolute and sole discretion, may violate TOS. EmotionsTech also reserves the right (but disclaims any responsibility) to refuse to post, delete, or edit (at any time and without prior notice) any entries, photos, memorial websites or material on the website ROM for any reason or no reason whatsovever, in its absolute and sole discretion. In cases in which payment has been made for a service of ROM that has been removed for reasons other than a breach of TOS, EmotionsTech will issue a full refund. 3.4.5.2 The Digital Millennium Copyright Act of 1998 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 the website ROM infringes your copyright, you (or your agent) may send EmotionsTech to info[at]emotionstech[dot]com a notice requesting that the website ROM content or material be removed, or access blocked. The notice must include the following information: - a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the website ROM are covered by a single notification, a representative list of such works); - identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow EmotionsTech to locate the content or material on the website ROM; - the name, address, telephone number and email address of the complaining party; - 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; - 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. 3.4.5.3 PROPRIETARY RIGHTS You acknowledge and agree that the website ROM contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these TOS without advance, written permission of EmotionsTech. All website ROM design, text, graphics, interfaces, and images and software, scripts, active server pages, and other content and software used in the website ROM are ©2008 EmotionsTech, all rights reserved. 4. TERMINATION AND MODIFICATIONS TO ROM EmotionsTech reserves the right to modify, suspend, or discontinue at any time, with or without notice, the website ROM and/or services offered on or through the website ROM, including ROM features, look and feel, and functional elements and services relating to memorial websites. 5. INDEMNITY You agree to indemnify and hold EmotionsTech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Material/Content you upload, submit, post, transmit or make available through the Service of ROM, your use of the Service ROM, your connection to the Service ROM, your violation of the TOS, or your violation of any rights of another. 6. DISCLAIMER OF WARRANTIES. THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ROM PROVIDED BY EMOTIONSTECH, YOU, OTHER USERS, 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, EMOTIONSTECH 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. 7.1 IN NO EVENT SHALL EMOTIONSTECH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER 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, THE WEBSITE ROM. EMOTIONSTECH 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 THE WEBSITE ROM. EMOTIONSTECH 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 THE WEBSITE ROM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE WEBSITE ROM, 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 EMOTIONSTECH 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 EMOTIONSTECH. 7.2 YOU AND EMOTIONSTECH AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND EMOTIONSTECH AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. 7.3 IF YOU ARE DISSATISFIED WITH THE WEBSITE ROM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE ROM. 8. USER ACCOUNT CANCELLATION, TERMINATION, TRANSFER AND EXPERIATION 8.1 The website ROM applies the following terms: The creator and manager of a memorial website is defined as the Website Host. The party who pays for the memorial website is defined as the Website Sponsor. Please see payment information on the pricing website of ROM. EmotionsTech reserves the right to modify the ROM service pricing at any time without prior notice. Both the Site Host and Site Sponsor shall be governed by these TOS. 8.2 You may cancel your account and/or use of any service provided through the website ROM, providing written notice to service[at]RiverofMemories[dot]com . If you cancel or terminate your account or any services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. 8.3 EmotionsTech may suspend, cancel, transfer, or terminate your password, account, any memorial site within an account and/or use of any services provided on or through the website ROM at any time and without any reason. If your sponsoring has not expired you will be fully refunded for the last payment. 8.4 Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through the website ROM, you will have no right to any material or information you submitted, and EmotionsTech may temporarily or permanently block access to, remove, deactivate, delete, and discard all such material. EmotionsTech 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 website ROM, will be terminated at EmotionsTech discretion. You agree that EmotionsTech shall not be liable to you or any third-party for any termination of your access to any service. 8.5 Upon suspension, cancellation, or termination of your account or your use of any service provided on or through the website ROM (for whatever reason), there shall be no refund of money you paid to EmotionsTech. 9. MINORS The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the website ROM. Use of any part of the website ROM 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 website ROM. A parent, guardian or educational supervisor will be responsible for any activities of a Minor on the website ROM regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the website ROM. 10. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EmotionsTech has no control over such sites and resources, you acknowledge and agree that EmotionsTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Material/Content, advertising, products, or other materials on or available from such sites or resources. 11. THIRD PARTY SOFTWARE If you elect to download or access any third party software that EmotionsTech makes available with the website ROM, you understand that you may have to agree to that third party providers terms of use or license before you use such software. If you do not agree to the third partys terms of use or license agreement, do not download its software. 12. JURISDICTION The website ROM com is created and controlled by EmotionsTech in the State of Florida U.S.A. You agree that these TOS will be governed by and construed in accordance with the laws of the U.S., without regard to its conflicts of law provisions. Use of the website ROM is unauthorized in any jurisdiction that does not give effect to all provisions of these TOS. EmotionsTech makes no claims or assurances that the website ROM is appropriate or may be downloaded outside of the U.S.. You agree that all legal proceedings arising out of or in connection with these TOS, or services available on or through the website ROM must be filed in a federal or state court located in Jacksonville Florida, U.S.A., within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. 13. CONTACTS River of Memories Webmaster: service[at]RiverofMemories[dot]com River of Memories is provided by EmotionsTech info[at]emotionstech[dot]com