Skymorials’ Terms & Conditions
These Terms and Conditions apply to the use of the website at www.skymorials.com (“Website”) operated by Skymorials Pty Ltd ACN 168 078 055 (“Skymorials” and “we”). In this document, the term “Website” includes any version of skymorials (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices, and unless the context requires otherwise, includes all related services.
In using and visiting this Website you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using and visiting the Website.
Setting up a Memorial
The Website provides a service enabling individuals to commemorate the lives of users’ friends, family as well as public figures. The service encourages contributions from users.
A “Memorial” is an entry on the Website that is dedicated to a specific individual whose life is to be thereby commemorated. The individual may be yourself (if established during your lifetime) or a friend or relative of yours, or indeed, a public figure.
The person that establishes a Memorial is considered the “Memorial Administrator” and retains that role unless it is transferred to someone else in accordance with these Terms and Conditions. A Memorial Administrator must be 18 years of age or older. Skymorials will permit two or more individuals to act as Memorial Administrator, with each having equivalent rights in respect of approval and removal of content.
Where the Memorial relates to yourself, you will need to nominate another administrator who will be notified of the account being created and who is to have access and editing rights, including in the event of your death.
Where the Memorial relates to your friend or relative (other than a close relative) you should seek and obtain permission of the deceased’s close family prior to establishing it.
Where the Memorial relates to a public figure (such as a celebrity, politician or historical figure) to which you are not related, then Skymorials reserves the right to take over administrative control of the Memorial at any time.
Unless the Memorial relates to yourself, you must only establish a Memorial in respect of a person who is deceased.
You acknowledge that, without limiting any other remedy we may have, we may remove any content that breaches these rules.
Fee/refund
Establishing a Memorial will incur a onetime fee of $88,
You may choose to remove the Memorial. If you choose to do so within 30 days of establishing the Memorial you are entitled to receive a full refund. After 30 days the refund is no longer available. To receive your refund, please contact us at:
help@skymorials.com
Adding content to a Memorial
Content that can be included on a Memorial may include images, information, poems, illustrations, photographs, audio files, videos and text.
In order to add any content to a Memorial you must register by “signing the guestbook”. Memorial Administrators are entitled to accept, reject or exclude individuals from posting content to the Memorial. In addition, Skymorials reserve the right to ban individuals from contributing to a Memorial on the basis of past or threatened breaches of these Terms and Conditions.
Rules for posting content
Our community of users is expected to treat each other, the memory of the deceased and the family of the deceased with the utmost respect. You must abide by the following rules when posting any content to a Memorial (whether you are its Memorial Administrator of that Memorial or not) or otherwise posting any content or interacting with the Website and other users. You acknowledge that, without limiting any other remedy we may have, we may remove any content that breaches these rules.
You must be over 13 years of age to post content on a Memorial.
You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.
You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
You agree to be respectful of the deceased and their families.
You agree not to establish a Memorial for a person who is not deceased (unless the Memorial relates to you only).
You agree not to post any information (including opinion) about any living person by which they may be personally identified without their prior consent or which in any way compromises another living person’s privacy or breaches confidentiality. When obtaining consent you must make it clear that you (as opposed to we) are collecting their personal information and explain how it may be used.
You agree not to post any personal information or images identifying a minor without the prior consent of that individual’s parent or guardian.
You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to submit content that contains material that is untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent.
You agree not to submit content that is of nuisance value, off topic or vexatious.
You agree not to infringe the intellectual property rights of others, and you agree not to post any content that infringes any copyright, patent, trade mark, trade secret, or other proprietary rights of any party. Without limiting this, you agree not to post any content that is the work of a third party without their permission.
You agree not to reproduce any memorial content, such as death notices, that have appeared in any other publication.
You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect, overburden or disable the operation of the Website or the operation of another's computer or other device.
You agree not to advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam," "chain letters," "pyramid schemes" and similar activities are strictly prohibited.
You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
You agree not to use a Memorial for the primary purpose of promoting a cause or movement, whether political, religious or otherwise, nor for the purpose of commemorating or glorifying an individual that is generally considered to be of ill repute or unscrupulous.
You must not insert any links to third party websites without the prior written approval of Skymorials.
You agree and acknowledge that Administrators of a Memorial have the right to remove any content that they, acting reasonably, deem to fall foul of the above rules, in their discretion.
Intellectual Property Rights
We make no claim to ownership of the copyright in the individual messages, images, text, photographs and other such content that you post in Memorials, but if you post such content you:
grant us a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post or upload and to sub-licence the same for such purposes as Skymorials determines from time to time (subject to the Skymorials Privacy Policy).. You agree that we may do so without attribution of authorship, with or without any other materials.
You also grant us the right to use your name and other information that you provide in connection with that content; and
you warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify Skymorials, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.
If you believe your copyright has been infringed at the Website please contacts us at:
help@skymorials.com
Use of Website Material
The contents of this Website, including all Memorial content and all other text, graphics, images, logos, icons, photographs, audiovisual material and other content (“Website Material”) are or may be protected by copyright laws. Copyright in that material is either owned by or licensed to us (including in accordance with these Terms and Conditions).
You may access and view the Website Material for the purpose of your personal use of this Website. Other than for the purposes of your personal use of this Website and except if and as expressly authorised by these Terms and Conditions, you may not, without our prior written permission, in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Website Material; or
commercialise or on-sell any information, content, products or services obtained from any part of this Website;
mirror or frame the Website or any part or page of the Website;
use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material;
If you are a recognized media outlet or a commercial online publication, you may use the Website Material subject to you acknowledging Skymorials as the source of the relevant material re-published by you.
You agree not to disclose to any person or entity, personally identifiable information about other members that you learn using this website (whether posted in a member area or e-mailed to you by a member) without the express written consent of such member.
If Skymorials considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions, then Skymorials may immediately terminate your right to access and use the Website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action.
Links
The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners of operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Reviewing and removing content
Skymorial does not pre-screen postings and to the extent permissible at law we shall not be responsible or liable in respect of Memorial content.
We reserve the right (but disclaim the obligation or responsibility) to monitor content appearing on a Memorial. We may remove in our sole discretion any material or content that we determine to be potentially in violation of these Terms & Conditions.
We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You may “flag” material for inappropriateness. We will endeavour to remove as soon as possible, any material that has been flagged by two or more users.
We do not guarantee that we will display or continue to display all content that you or any other users post on a Memorial. Also, we reserve the right to edit or abridge content for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
We also reserve the right to modify, suspend or discontinue any Memorial or the Website in totality and the right to merge the content of any two or more Memorials relating to the same individual deceased.
Subject to our right to modify, suspend or discontinue any Memorial or the Website, any Memorial created on the Website, and its associated content, will remain available online so long as Skymorials continues to conduct its business and operates the Website.
Disputes about Memorials or their content
We will endeavour to take into account the wishes of immediate family of a deceased in relation to the establishment of or the content appearing on a Memorial, however we ultimately reserve the right to remove any content or Memorial in its entirety at our discretion, including in the event of a dispute over the administration of or content appearing in a Memorial.
Security of Information and data and system integrity
If you are a Memorial Administrator, you must keep your username and password to access the Website secure and confidential and not provide those details to any third party under any circumstance unless required by law. You accept all liability for any unauthorised use of any username and password issued to you and all activity taking place on a Memorial that you administer. You may not transfer administration of a Memorial to another person without our prior written consent.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission we will take reasonable steps to preserve the security of such information.
We do not represent or warrant that the Website or any content will be available uninterrupted or error free or that any defects in the Website will be corrected in a timely manner or otherwise.
Disclaimers
We disclaim all representations or warranties of any kind with respect to the Website and its contents. Any opinions expressed in Memorials do not represent or necessarily reflect our opinions. We do not represent or warrant that any purported statement of facts appearing on or in relation to any Memorial will be true or accurate.
We do not accept responsibility for any loss, damage or distress, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
Although we establish rules for user conduct, to the extent permissible at law we deny any liability in respect of any conduct engaged in by users or others and in respect of content appearing at any Memorial or on the Website generally.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following (a) if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired and (b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
In no event will we be liable to you for any special, indirect or consequential loss or damage.
Indemnity
You agree to indemnify us, our directors, representatives, employees and agents against any liability, loss, claim or demand if we/ they suffer any loss or damage or incur any cost in connection with a breach by you of these Terms and Conditions and any other claim relating to your actions, content appearing on a Memorial.
Trade marks
All trade marks referred to on this Website are, unless otherwise expressed or implied, owned by or licensed to Skymorials.
If you use any of Skymorials’ trade marks in reference to Skymorials’ activities, products or services, you must include a statement attributing that trade mark to us.
You must not use any of Skymorials’ trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not Skymorials’;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages Skymorials or its products or services, or the Website.
Warnings
You must ensure that your access to this Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility or liability for any interference or damage to your own computer which arises in connection with your use of this Website or any linked website or service.
Termination of access
Access to this Website by any, all or a class of users may be terminated at any time by us without notice. To the extent possible these Terms and Conditions survive such termination.
Severability
If any portion of the Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be severed and the remainder shall continue in full force and effect.
Waiver
Our failure to enforce or exercise any right or provisions of these Terms and Conditions shall not constitute a waiver of those rights or provisions.
Governing law
These Terms and Conditions are governed by the law in force in the State of Victoria, Australia. The Courts in that State shall have the exclusive jurisdiction to determine disputes in relation to these Terms and Conditions or any other matter concerning the operation of the Website.
Changes to these Terms and Conditions
We reserve the right to revise these Terms & Conditions at any time; therefore, you should visit this page periodically to review the Terms & Conditions. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
All rights not expressly granted are reserved.
These Terms and Conditions are effective as of 19 November 2016