Published June 24th, 2009
The term “NW Memorials” or “us” or “we” or “our” refers to NW Memorials, LLC the owner of NWMemorials.com. The term “you” refers to the user or viewer of our website.
WHEN USING THE NW MEMORIALS WEBSITE, NWMEMORIALS.COM, YOU UNDERSTAND AND AGREE TO THE FOLLOWING:
General Rules: The following terms and conditions govern your use of the NW Memorials website, including your viewing, downloading, and submission of information, as well as your use of the information provided. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS NW MEMORIALS WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this NW Memorials Web Site.
N.W. Memorials, LLC exists to offer loved ones the ability to create online memorials (or life tributes), death notices and obituaries as well as other services, including cremation scattering. The NW Memorials website currently provides 1) a free online memorial, 2) a premium memorial (including photos and a single video) or 3) a tribute website. You should assume that everything you see and read on this site is the property of NW Memorials, LLC and its affiliates and licensors. You may not publish display, download, modify, reproduce, distribute, re-post, sell, rent, lease or otherwise directly or indirectly commercially exploit any of the content posted on the NW Memorials website or its products without the prior written permission of NW Memorials, LLC. However, you may electronically copy information from this site for non-commercial personal use if you include a copyright notice for each page that you use.
Your use of the NW Memorials website is at your own risk. NW Memorials, LLC is not responsible in any way for loss of property, material, or damages of any kind arising from your use of this site. NW Memorials does not guarantee that our information is appropriate, error-free, accurate or reliable. This website is provided on an "As is" basis. Further, we do not guarantee that you will be able to access this website, or that the website is free of software bugs or viruses. There are no circumstances under which NW Memorials or its officers or employees will be liable for any damages or loss of profit, investment, benefits, goodwill or reputation whether direct, indirect, or incidental caused by your reliance on the information obtained from this website, or by your use of this website in general. The information provided on this site represents the opinion of NW Memorials and its officers or employees. We do not claim that our opinion constitutes fact. NW Memorials is not responsible for the actions or services of any of the vendors or products listed on this site. NW Memorials supplies links to other businesses, however we do not guarantee that these links are in working order, nor do we guarantee or endorse any of the content listed on these linked websites. NW Memorials is in no way responsible for any of the material, services, or prices advertised on websites we provide links to nor are we responsible for any claims made directly or indirectly by the owner's or operators of those websites. When you link to another site from NW Memorials, you are subject to the terms and conditions supplied by the owners of that site. Please read over those rules and policies before proceeding.
Service Marks and Trademarks
The name NW Memorials and the associated logo and trademark are the sole property of NW Memorials, LLC. All other trademarks, service marks and logos presented on this site are the sole property of the individuals or businesses they represent.
Submitting Information and Photos to NW Memorials NW Memorials may change, suspend or discontinue any aspect of the NW Memorials Web Site at any time, including the availability of any NW Memorials Web Site feature, database, or Content. NW Memorials may also impose limits on certain features and services or restrict your access to parts or all of the NW Memorials Web Site without notice or liability.
You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the NW Memorials Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the NW Memorials Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You hereby agree to indemnify, defend and hold NW Memorials, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NW Memorials reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NW Memorials.
Unless NW Memorials has otherwise expressly agreed with you in writing, by posting messages, uploading files, submitting any other information, or engaging in any other form of communication (individually or collectively "Communications") to NW Memorials or the NW Memorials website, you hereby grant to NW Memorials a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise use such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against NW Memorials for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You acknowledge that transmission to and from NW Memorials and the NW Memorials Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to NW Memorials, no confidential, fiduciary, contractually implied or other relationship is created between you and NW Memorials other than pursuant to this Agreement.
NW Memorials has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if NW Memorials in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, NW Memorials has the right, but not the obligation, to remove or deny access to such content. You expressly agree that NW Memorials shall not be liable to you for any action NW Memorials takes to remove or restrict access to such material, nor for any action taken to restrict access to material provided in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. NW Memorials has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
Photo submissions: NW Memorials accepts photo submissions from loved ones to be published throughout the NW Memorials website. All photos are subject to the terms and conditions stated in this document. You must be the copyright holder to submit images, or have the written consent of the copyright holder. Images that are posted to the NW Memorials website will remain on the website in perpetuity and can be removed only with the consent of the officers of NW Memorials, LLC. It is our intention to provide proper credit for all photos. If you are aware of photos that have missing or incorrect credit, please contact us at info@NWMemorials.com and our copyright agent will reply. For more information on our copyright policy please refer to the Copyright Section below.
Notice to Parents
The privacy and protection of children is very important to us. With this in mind, we do not allow children under the age of 16 to submit information to our site. Should we become aware that someone under the age of 16 has supplied information to us, all of that information will be deleted.
All images, text, graphics, logos, audio clips, subject titles, button icons, and software included on this site are the sole property of NW Memorials and its web host. All of this material is subject to U.S and international copyright laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent at info@NWMemorials.com the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NW Memorials' Copyright Agent may be reached as follows:
c/o N.W. Memorials, LLC
North Park Business Center
11630 Slater Ave NE, Suite 1A
Kirkland, WA 98034
Communications with NW Memorials can be made by email at info@NWMemorials.com, by phone at ____________, or by mail at
c/o N.W. Memorials, LLC North Park Business Center 11630 Slater Ave NE, Suite 1A Kirkland, WA 98034
NW Memorials certifies that it takes reasonable precautions to protect any personal information it collects from loss, misuse and unauthorized access, disclosure, alteration and destruction.
We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court in located in King County, Washington