Familyyahrzeit.com Terms of Use
1. Introduction
Welcome to the Familyyahrzeit.com Web Site (the "Site"), provided to you by
Syntab Ltd. ("Syntab"). Please review the following terms of service before
using this Site.
This agreement, and any other terms and conditions posted on any individual page
of this Site, governs the user and Member services on the Site. Use of this
Site constitutes acceptance of these terms and creates a binding legal
agreement wherein You (see definition below) agree to use the Site in a manner
consistent with all applicable laws and according to the terms and conditions
listed below. The Terms of Use, incorporating the Privacy Policy, is a legal
binding contract between You and Syntab. By using the Website and benefiting
from what it has to offer, You acknowledge that You have read, understood, and
agree to be bound by the Terms of Use.
2. Definitions
In the Terms of Use, the following terms have the following meanings:
Site” means the familyyahrzeit.com website
"Registered User" means a user who registers with the Website.
"You" means either (i) a User of the Websites (whether or not a Registered User)
not being a Minor, or (ii) a parent, guardian or educational supervisor that
has allowed a Minor to visit or use the Websites. In case (ii) You will be held
legally responsible for the acts of the Minor.
"Minor" means any person under the age of 13, (Minors must seek the permission
of their parent, guardian or educational supervisor to use the Website).
"Site" means the familyyahrzeit website available at the URL
www.familyyahrzeit.com.
"Syntab" means Syntab Ltd.
Obituary Notice” means a notice posted by a registered user with information
about a deceased person.
Memorial Site” means collection of pages with information about the deceased
person (including pictures), posted by the Registered User.
3. Copyright And Trademark Information
Familyyahrzeit, Syntab and other Familyyahrzeit and Syntab product names,
service names, slogans or logos referenced in this Site are trademarks or
registered trademarks of Syntab. All other company, product or service names
referenced in this Site are used for identification purposes only and are
trademarks of their respective owners.
All images, text and any other content on this site are protected by copyright,
trademark, patent or other proprietary rights and laws. Each Member owns the
images and text they have uploaded to his/her Memorial Site. Syntab reserves
its rights in and to all other content contained in the Site. Unless otherwise
noted, all content, other than the Member's Albums, is copyright ©Syntab, Ltd.
All Rights Reserved.
4. Memorial Sites, Obituary Notices and Fees
Subject to the terms of the Terms of Use, the Memorial Sites and Obituary
Notices created by Registered Users via the Site are available to be viewed
online at no charge.
When You register to create a Memorial Site, You will be granted a 14 day
hosting trial period for free. Following the hosting trial period, if your site
has not been paid for, your site may become disabled or removed completely.
Alternatively, following the hosting trial period, your content may be limited
in content at the discretion of Syntab. Registered Users can pay for their
Memorial Site via the account that they setup when they registered. The payment
options are explained on the services page on the familyyahrzeit.com website
and is updated from time to time.
Memorial Sites can be edited at any time by the Registered user who created the
Memorial Site or Obituary Notice.
5. Terms Of Use And User License
You are licensed to access and use the Websites solely for personal purposes in
accordance with the terms set out in the Terms of Use.
Use for commercial purposes and any re-publication of the Websites or content on
the Websites is strictly prohibited and You agree that the consequences of
commercial use or re-publication may be so serious and incalculable that
monetary compensation may not be a sufficient or appropriate remedy.
Registered users are required to provide all required information including an
accurate and legitimate email address. In addition, each Registered user can
create a Site password for future access to the Site. The Member will then be
able to create one or more obituary notices or memorial sites by adding their
content and uploading their digital photographic files to the Site.
(a) In order to view obituary notices and memorial sites, registration is NOT
required.
(b) Membership is non-transferable.
(c) Registration and the Familyyahrzeit service is also governed by the
Familyyahrzeit’s Privacy Statement. Please
click here to review our Privacy Statement.
(d) All use of this Site is subject to the following:
(i) Obituary notices and Memorial sites may not be modified or altered in any
way, except by the owner of the obituary notice or memorial site, or by the
Familyyahrzeit team.
(ii) Except as expressly provided herein, You may not use, download, upload,
copy, edit, delete, print, display, perform, reproduce, publish, license, post,
transmit or distribute any materials from this Web site in whole or in part
without the prior written permission of Syntab.
(iii) Syntab claims no ownership rights in the content you place on your
familyyahrzeit obituary notices or memorial sites.
(iv) By posting on Familyyahrzeit.com Registered users grant Syntab a
royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to
publish, transmit, perform, display, edit, delete and otherwise use the
submissions for any purpose, including, but not limited to, advertising and
promotional purposes. No credit or compensation is due to resisted users for
such use.
(v) You warrant that You own all material You post to the Websites or elsewhere
or have the right to post such material and the right to grant Syntab the
license set out in the Terms of Use. In particular, all personal information
about others that You post must be done with the full consent of those others,
or must otherwise be lawful.
6. Guidelines For Registered Users
(a) Syntab does not control the content of any Obituary Notices or Memorial
Sites and does not have any obligation to monitor such content. Therefore, all
content is the responsibility of the Resisted User, not Syntab.
(b) Syntab makes no express or implied warranties about the reliability of the
Obituary Notices and/or Memorial Sites, and is not responsible for any damage
caused by loss, deletion or alteration of Obituary Notices and/or Memorial
Sites. Registered Users are responsible for monitoring and creating backups of
all Obituary Notice and/or Memorial Site content.
(c) Unacceptable actions and content on the Site, listed below, will constitute
grounds for blocking access, removal of posted material and/or membership
termination. It is a condition of your use of the Site that you do not: >
(i) Upload, post, email or otherwise transmit any content that is unlawful,
harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of
another's privacy, hateful, or otherwise objectionable;
(ii) Upload, post, email or otherwise transmit any content that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements) or any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
(iii) Harm minors in any way;
(iv) Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Site;
(v) Upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software; upload,
post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
(vi) Interfere with or disrupt (or attempt to interfere with or disrupt) the
Site or servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
(vii) Exhibit expressions of abuse, offensive language and imagery, obscenity,
or pornography, including, but not limited to, child abuse, child pornography,
depictions of minors engaged in sexual conduct or explicitly sexual situations,
or any other material that could give rise to any civil or criminal liability
under applicable state or federal law, or violating any laws or regulations of
any governing body having jurisdiction over Syntab, its affiliates or users.
(viii) Any materials inconsistent with the values of the spirit of the
familyyahrzeit community.
ix) Upload, post, email or otherwise transmit any redundant information which
is inserted in our databases, indices and other forms of data storage.
(x) Otherwise violate the terms of use
7. Communication With Resisted Users
Syntab may send You communications, such as service announcements,
administrative messages and a Newsletter. It is a condition of becoming and
remaining a Registered User that You agree to receive these communications.
Syntab may, through the Newsletter, provide marketing opportunities to its
partners. The limitations on liability set out in the Terms of Use apply to the
fullest extent in relation to all material contained in the Syntab's
Newsletter. Syntab makes no representation or warranty express or implied
concerning any goods or services offered or provided by any third party and You
agree that any recourse for dissatisfaction or problems with those goods or
services will be sought from the third party provider and not from Syntab.
8. Minors
The consent of a parent, guardian or educational supervisor shall be required
before any Minor can use the Site. Use of any part of the Site is confirmation
that the person is an adult or is a Minor who has received permission from a
parent, guardian or educational supervisor to use the Site.
The consent of a parent, guardian or educational supervisor shall also be
required before any Minor can become a Registered User.
Syntab cannot be held responsible for misuse of a Registered User's invitations;
nor shall they be held liable in the event that a Minor falsely claims to be 16
or over.
9. Registration and Security
As part of the registration process, You will select a password and choose a
unique web address for your Memorial Site. You must provide Syntab with
accurate, complete, and updated personal registration information. You must not
use a web address that Syntab, in its sole discretion, deems offensive or
otherwise inappropriate.
You shall notify Syntab immediately of any known or suspected unauthorized
use(s) of your website, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password or credit card
information. You will be responsible for maintaining the confidentiality of
your password. You acknowledge and agree that under no circumstances can Syntab
be held liable for any acts or omissions by a Registered or other User of the
Websites.
10. Termination Of Registered User Service
(a) Syntab may terminate Membership and delete any and all information,
communications, postings, albums and image files at any time, without notice,
for conduct violating this Agreement or other policies or guidelines set forth
by Syntab elsewhere on the Site.
(b) Syntab may terminate registered Users accounts and delete any and all
information, communications, postings, albums and image files at any time,
without notice, for online conduct that Syntab believes is harmful to other
registered Users, the Site, the business of Syntab, or other third party
information providers.
(c) Syntab reserves the right at all times to disclose any information posted by
You or any other user as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, that in Syntab's sole discretion are
objectionable or in violation of these terms and conditions.
(d) Syntab reserves the right to edit or delete Your content and/or terminate
the Terms of Use, and/or your access to the Website, at any time without notice
in the event that technical or other issues mean that it is no longer
practicable for Syntab to operate the Site in whole or part.
(e) Upon termination of the Terms of Use or access to the Site (for whatever
reason), there shall be no refund of money paid to Syntab.
11. Disclaimer Of Warranty And Limitations Of Liability
(a) SYNTAB HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE
ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THIS SITE. SYNTAB FURTHER DISCLAIMS
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. SYNTAB DISCLAIMS ANY RESPONSIBILITY
FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR
MATERIAL THROUGH THE SITE. YOU, THE MEMBER, WILL BEAR ALL RISK ASSOCIATED WITH
ANY CONTENT THAT YOU ACCESS. YOUR ACCESSING OF ANY CONTENT MADE AVAILABLE BY OR
THROUGH SYNTAB AND THIRD PARTIES IS SUBJECT TO YOUR AGREEMENT TO THIS PROVISION
AND THESE TERMS AND CONDITIONS.
(b) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS
IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNTAB DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
SERVICE. SYNTAB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR
THROUGH ANY LINKS PROVIDED IN THE SITE. SYNTAB SIMILARLY DISCLAIMS, TO THE
FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE SITE.
(c) YOU, THE MEMBER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR
UPLOAD OF SUCH MATERIAL.
(d) UNDER NO CIRCUMSTANCES SHALL SYNTAB BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND
SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF SYNTAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE
THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES.
(e)ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN
RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR THE DESTRUCTION OF
YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER DAMAGE WHATSOEVER THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL IN ITS ORIGINAL FORM OR AS A
RESULT OF ANY VIRUS INFECTION.
(f)IN SOME JURISDICTIONS, LIMITATION OR EXCLUSION OF LIABILITY IS ONLY PERMITTED
WHERE SUCH LIMITATION IS FAIR AND/OR REASONABLE. SYNTAB PROVIDES A
COMPREHENSIVE SERVICE AT A MINIMAL COST AND, HAVING CONSIDERED ALL MATTERS, YOU
AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT IN THE TERMS OF USE ARE FAIR
AND REASONABLE.
(g)IF YOU ARE DISSATISFIED WITH THE SITE, OR DO NOT AGREE TO ANY OF THE TERMS OF
THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WEBSITES.
(h) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Governing Law
(a) All legal issues arising from or related to the use of this Site shall be
construed in accordance with, and all questions with respect thereto shall be
determined by, the laws of the State of Israel without regard to conflicts of
law principles. By using this Site and agreeing to these Terms and Conditions,
you consent to personal jurisdiction and venue in the courts located in and
serving the State of Israel, with respect to such disputes arising out of or
relating to these Terms and Conditions or your use of the Site.
13. Indemnity
By using this web site you agree to indemnify Syntab and its subsidiaries,
affiliates, directors, officers, consultants and employees from and against any
damage, whether direct, indirect or consequential, loss of data, restriction or
loss of access or technical errors resulting from your actions (including
resulting from the content posted by you or otherwise on the site) and hold
them harmless from any and all claims and expenses, including attorney's fees,
arising from your use of this Service.
14. Modification Of Terms
Syntab reserves the right to change this policy at any time, for any reason, and
without notice, including the right to terminate these services. Therefore, it
is your responsibility to use this Site only for the purpose in which it was
intended. Any use of the Site not in accordance with the intended purpose is
prohibited.
15. Entire Agreement
These Terms of Service constitute the entire agreement between You and Syntab
with respect to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between Syntab's
representations and you with respect to the subject matter hereof, except that
any other terms and conditions located on any individual site associated with
syntab are incorporated herein by this reference to the extent they do not
conflict with these Terms of Service.
16. Violations Of Terms Of Service
Should you violate these Terms of Service or any other rights of Syntab, Syntab
reserves the right to pursue any and all legal and equitable remedies against
You, including, without limitation, terminating any and all user accounts. If
Syntab should fail to enforce any right or provision in these Terms of Service,
you agree that this failure does not constitute a waiver of such right or
provision or of any other rights or provisions in these Terms of Service. If a
court should find that one or more rights or provisions set forth in these
Terms of Service are invalid, You agree that the remainder of the Terms of
Service shall be enforceable and that, to the extent permitted by law, the
court shall give effect to the parties' intentions, as reflected in any such
right or provision that has been declared invalid or unenforceable.
17. Reporting Violations Of These Terms Of Service
Any violations of these Terms of Service should be immediately reported to
Syntab by email to our
Abuse Department.
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