The following terms and conditions form a legally binding contract between You and Emotional Love Limited, who are the operators of missingyoudearly.com. By using any of the features on this website You therefore agree to have read and fully understand these terms and conditions, and accept to be bound by these terms and conditions.
1. Definitions
1. ‘You’ & ‘Your’ means any visitor, registered or unregistered, to missingyoudearly.com
2. ‘Us’ & ‘We’ means Emotional Love Limited or administration of missingyoudearly.com
3. ‘Website’ means the missingyoudearly.com online memorial profile website
4. ‘User’ means a registered member of the Website.
2. Licence
1. We permit You to use the Website for the purpose of viewing and creating memorial profiles along with all the other features that are available to un-registered or registered users of the Website.
2. You are not under any circumstances permitted to use the Website for any commercial use or personal gain.
3. You are not permitted to copy, store in any manner or distribute any image, text, Website source code or any other intellectual property that belongs to Us.
4. You must ensure that You own the copyright to, or have written permission from the copyright owners to use, any text, image, video clip or audio clip that you upload to the Website or allow to be shown on a memorial profile created by You.
5. You agree to be totally responsible for the full compensation and full court costs, including our full total costs, for any claim made to Us for breach of copyright regarding any text, image, video or audio clip that you upload to the Website or allow to be shown on a memorial profile created by You.
3. Fees
1. Each memorial profile created requires an activation fee to be paid by You to make the profile active and visible to other users on the Website.
2. There is no fee for the hosting of your profile as We will host Your profile free of charge for as long as it is commercially viable for Us to do so.
3. There is no refund of any activation fee paid if the profile is deleted for any reason.
4. We reserve the right to modify fees or promotional codes at any time without giving notice.
4. Content
1. You are totally responsible for all of the content displayed on any memorial profile that you create. This includes any items submitted for inclusion by other visitors to the memorial profile, including tribute messages, memories / stories, poems, images and video and audio clips.
2. We reserve the right to edit or delete any part of the memorial profile if we believe that it is in breach of the terms and conditions.
3. You are not permitted to allow any of the following, either text, images, video or audio to be shown on the memorial profile:-
a) Anything which is discriminatory or offensive on the grounds of religion, age, race, sex, disability or sexual orientation.
b) Anything that may put another person at risk.
c) Anything that infringes an individual’s or company’s copyright, trademark, patent, intellectual property rights or any other confidential information not in the public domain.
d) Anything that is false or defamatory.
e) Anything of a violent nature including threats and harassment.
f) Anything of a sexually explicit, indecent or obscene nature.
g) Anything that is illegal or entices illegal conduct.
h) Anything that constitutes a business advert, link, offer, trade or any form of monetary gain.
i) Anything that We believe to be illegal, offensive or not suitable for publication on the Website.
4. Any 3rd party websites that are externally linked or listed anywhere on the Website are not in anyway connected to Us and We do not and cannot guarantee, or are responsible for, any of the content of these external links or websites.
5. Termination
1. You may terminate and delete any memorial profiles that you create at any time.
2. You may terminate and delete Your User account at any time.
3. There will be no refund of any Activation fee paid for any memorial profile that is deleted for any reason.
4. We may terminate and permanently delete either a registered user or a memorial profile if We have reason to believe that it breaks any of the terms and conditions.
5. We may terminate and stop hosting the Website if it becomes commercially unviable for Us to continue to maintain the running and hosting of the Website, for technical reasons or for any other reason that is out of our control.
6. We are not liable for any loss of data or service of the Website at any time.
6. Privacy Policy
1. We reserve the right to contact You either by post, telephone or Email for any matters regarding our service, the Website, your User registration, any memorial profile that you have created or any tribute message, memory / story, poem etc that you have submitted to another memorial profile.
2. We reserve the right to contact You either by post, telephone or Email, unless you have specifically opted out, for the purposes of providing you with marketing information about our products and services from the Website or Us or any other website or company owned by Us.
3. Your personal details will not be passed on or shared with any other individual or company that is not directly connected to or owned by Us.
7. Law
1. These terms and conditions are deemed to be governed by, and in accordance with, the Law in England.
2. Any breach of the terms and conditions may, if required, result in Us passing all your information and uploaded data to the relevant authorities for potential prosecution.
10th March 2008
Thank you for visiting MissingYouDearly.com.
