Date of Last Revision: May 19, 2009
Terms of Service
This Statement of Terms of Service governs our relationship with users and others who interact with Afterlifestory. By using or accessing Afterlifestory, you agree to this Statement.
- Sharing Your Content and Information
You own all of the content and information you post on Afterlifestory, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with Afterlifestory, you agree to the following:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permissions, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Afterlifestory ("IP License"). This IP License ends when you delete your IP content (except to the extent your content has been shared with others, and they have not deleted it).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about Afterlifestory, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Afterlifestory safe, but we cannot guarantee it. In order to do that, we need your help, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam).
- You will not collect users' information, or otherwise access Afterlifestory, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not use Afterlifestory to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
- Registration and Account Security
Afterlifestory users provide their real names and information. In relation to registering and maintaining the security of your account, you make the following commitments:
- You will not provide any false personal information on Afterlifestory, or create an account for anyone other than yourself without permission.
- You will not use Afterlifestory if you are under 13.
- You will not use Afterlifestory if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Afterlifestory that infringes someone else's rights or otherwise violates the law.
- We can remove any content you post on Afterlifestory if we believe that it violates this Statement.
- If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Afterlifestory Logos) without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Afterlifestory.
When you make direct payments, you agree to our Terms of Sale.
- We can change this Statement so long as we provide you notice through Afterlifestory (unless you opt-out of such notice) and an opportunity to comment.
- We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Afterlifestory to you. We will generally try to notify you, but have no obligation to do so.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Afterlifestory in a court of law located in Israel. The laws of Israel will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions or your content on Afterlifestory, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP AFTERLIFESTORY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AFTERLIFESTORY "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AFTERLIFESTORY WILL BE SAFE OR SECURE. AFTERLIFESTORY IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AFTERLIFESTORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AFTERLIFESTORY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AFTERLIFESTORY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "Afterlifestory" we mean the features and services we make available, including through (a) our website at www.Afterlifestory.com and any other Afterlifestory branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
- By "us," "we" and "our" we mean Afterlifestory, and/or its affiliates.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Afterlifestory and provide data to us relating to Afterlifestory users.
- By "content" we mean the content and information you post on Afterlifestory, including information about you and the actions you take.
- By "post" we mean post on Afterlifestory or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- This Statement makes up the entire agreement between the parties regarding Afterlifestory, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
Terms of Sale
Certain products and services may be made available to you ("you" or "User") from time to time, by Afterlifestory, (collectively, "us", "we" or "the Afterlifestory") through the Afterlifestory Site. By purchasing any products or services through Afterlifestory, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of Afterlifestory are also governed by the Afterlifestory Terms of Service ("Terms of Service "), which are incorporated herein by reference. "Afterlifestory Site" means that website currently appearing at www.Afterlifestory.com, any other Afterlifestory or Afterlifestory affiliate-branded or co-branded website or web page (including, without limitation, any and all sub-domains, international versions and successors thereof) and any Afterlifestory or Afterlifestory Affiliate provided services, including, without limitation, services provided through any media, devices or networks now existing or later developed.
These Terms of Sale are subject to change without prior written notice at any time, in Afterlifestory's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Afterlifestory Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Afterlifestory.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Payment Method and Terms
We accept PayPal payment, as forms of payment. By submitting an order through Afterlifestory, you authorizer its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY AFTERLIFESTORY. AFTERLIFESTORY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE AFTERLIFESTORY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE AFTERLIFESTORY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. AFTERLIFESTORY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Afterlifestory.
- Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL AFTERLIFESTORY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE AFTERLIFESTORY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AFTERLIFESTORY'S 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 BY YOU TO AFTERLIFESTORY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE AFTERLIFESTORY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO AFTERLIFESTORY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM AFTERLIFESTORY, REGARDLESS OF THE CAUSE OF ACTION.
You agree to indemnify and hold the Afterlifestory, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.