
Public Offer Agreement
Website Use Terms
1. Introduction
The website https://rememberingtime.org is owned by RememberingTime organization. Access to and use of the site are governed by these Terms, including any additional guidelines, terms, or rules that may be posted on the site.
2. Acceptance of Terms
Authorization on the site signifies your agreement with these Terms. You must be at least 18 years old to access the site. By not agreeing to the Terms, you do not have the right to use the site.
3. License to Use
The organization grants you a non-exclusive, revocable, limited right to personal, non-commercial use of the site.
4. Restrictions
Commercial use of the site, modifications, creating derivative works, decompilation, as well as copying or distributing site materials without permission is prohibited. You do not have the right to create competing services.
5. Ownership and Rights
All intellectual rights to the site and its content belong to the Organization or its licensors. These Terms do not transfer to you any rights, except for the limited right to use granted in section 3.
User Content
1. Responsibility for Content
Users are fully responsible for any content (text, images, videos, etc.) they post on the site. Such content must not violate the site's acceptable use policy.
2. Rights and Licenses
By submitting content to the site, the user grants the Organization an irrevocable, non-exclusive, royalty-free right to use it, including reproduction, distribution, public display, creation of derivative works, and integration into other works on a global level. The user also waives any claims to moral rights.
Acceptable Use Policy
1. Content Restrictions
You agree not to distribute content that:
- Violates third-party rights or legislation.
- Is illegal, offensive, defamatory, pornographic, or incites hatred.
- Harms or could harm minors.
2. Prohibited Actions
It is prohibited to:
- Distribute harmful software.
- Send spam or unsolicited advertising.
- Collect data about other users without their consent.
- Intentionally disrupt the site's operation or compromise its security.
- Create fake accounts or perform automated queries.
3. Responsibility
You are responsible for any breaches of this policy that could lead to the removal of your content, account suspension, or legal consequences.
4. Organization's Rights
We reserve the right to review and delete any content, and to take action against violators of this policy.
5. Feedback
By providing us with any feedback or suggestions, you automatically grant us the rights to use them.
6. Disclaimer
You agree to indemnify and hold the Organization harmless in case of your breach of this policy or applicable legislation.
Terms of Use for Third-Party Links and Advertising; Interaction with Other Users
1. Third-Party Links and Advertising
- The site may include links to third-party websites and advertising that are not controlled by the Organization.
- The Organization is not responsible for the content or policies of third parties.
- Use of such links and advertising is at the user's own risk.
2. User Responsibility
- Users are fully responsible for the content they publish on the site.
- The Organization is not liable for any losses or damages caused by user content or their interaction.
3. Disclaimer
- Users release the Organization from any claims related to the use of the site.
- This release covers all possible disputes, claims, or damages arising in connection with the site.
- Residents of California specifically waive rights under Section 1542 of the California Civil Code.
This section summarizes the rules for using third-party links and advertising on the site and defines the rules for interaction between users, as well as their responsibility and the Organization's disclaimer of claims.
Limitation of Liability
1. Organization's Liability
The organization commits to resolving any technical issues that may arise for the owner of the purchased profile on our platform, for as long as the profile owner complies with the terms of use and the rights associated with the profile.
2. User's Risk
The use of the website is at the user's own risk.
3. Data Retention Obligation
The organization commits to storing all data and protecting it continuously, as long as the burial site corresponds to the person for whom the profile was registered.
4. Financial Obligations of the Organization
The organization bears all financial costs for resolving issues with the profile throughout its entire usage by the owner.
5. Right to Refund
If a client, after using our service, notices that the service does not match the description on the platform and does not meet the client's needs, they have the right to a refund within 30 days of purchase.
6. Procedure for Violation of Terms of Use
The organization does not cover problems caused by external factors or improper use of the profile by the user. An account associated with a QR code located at a burial site not visited at least once in 12 months may be deleted from the databases and will no longer be serviced. These measures ensure the timeliness and relevance of the information available through our services. Your access to the profile and use of the website confirms your agreement with these Terms.
The client has 14 days after receiving a warning via email from the company about the violation of the profile's terms of use to resolve the issue before the company blocks the profile and restricts access to it.
Term and Termination
1. Validity of Terms
The terms apply as long as the user uses the website.
2. Suspension or Termination
The Organization may suspend the user's access to the website for violation of the Terms.
3. Consequences of Termination
Termination leads to blocking access and possible deletion of user content.
4. Remaining Rights
Certain sections of the Terms remain in effect after termination of access.
Copyright Policy
The Organization respects the intellectual property of others and asks users of our website to do the same. In connection with our website, we have adopted and implemented a copyright policy that involves the removal of any infringing materials and the suspension of users of our online platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users, using our website, is unlawfully infringing the copyright to a work and you wish for the allegedly infringing material to be removed, the following information in the form of a written notification (in accordance with 17 U.S.C. § 512(c)) should be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you believe have been infringed;
- Identification of the material on our services that you believe infringes and that you request us to remove;
- Sufficient information to enable us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
- And a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright that has allegedly been infringed, or that you are authorized to act on behalf of the owner of the copyright.
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, costs, and attorneys' fees incurred by us in connection with the written notification and any alleged infringement claim.
General Provisions
These Terms are subject to review from time to time, and if we make any material changes, we may notify you by sending you an email to your last email address you provided to us, and/or prominently posting notice of the changes on our website. You are responsible for providing us with your most current email address. If the last email address you provided to us is not valid, our sending of an email containing such notice will nonetheless be deemed effective notice of the changes described in the notice. Any changes to these Terms will be effective thirty (30) calendar days after we send an email notice to you or thirty (30) calendar days after we post notice of the changes on our website. These changes will be effective immediately for new users of our website. Your continued use of our website after notice of such changes signifies your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please carefully read this Arbitration Agreement. It is part of your agreement with the Organization and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND WAIVER OF CLASS ACTION.
Applicability of Arbitration Agreement
All claims and disputes arising out of the Terms or the use of any product or service provided by the Organization that cannot be resolved informally or in small claims court shall be resolved through mandatory binding arbitration on an individual basis according to the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Organization, as well as to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as to all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. Notice to the Organization should be sent to: . After the Notice is received, you and the Organization may attempt to resolve the claim or dispute informally. If you and the Organization do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may commence arbitration. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to conduct arbitration, the parties shall agree to select an alternative ADR provider. The rules of the ADR provider shall govern all aspects of the arbitration, except to the extent such rules are inconsistent with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling AAA at 1-800-778-7879. The arbitration shall be conducted by a single neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD 10,000.00) may be resolved through binding arbitration without a hearing, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD 10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator must provide the parties with reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Organization made to you prior to the commencement of arbitration, the Organization will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and expenses incurred in connection with the arbitration and shall pay an equal share of the fees and expenses of the ADR provider.
Additional Rules for Arbitration Without Participation
If arbitration without participation is chosen, the arbitration will be conducted by phone, online, and/or solely based on written submissions; the specific manner is chosen by the initiating party. The arbitration will not involve personal participation of parties or witnesses unless the parties agree otherwise.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with the Organization.
Temporary Equitable Relief
Notwithstanding the foregoing, either party may seek temporary equitable relief from a state or federal court to maintain the status quo pending arbitration. A request for temporary equitable relief shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of another party's intellectual property rights, including copyrights, patents, trademarks, or trade secrets, are not subject to this Arbitration Agreement.
In any circumstances where this Arbitration Agreement permits the parties to seek court relief, the parties hereby agree to submit to the personal jurisdiction of the courts located in the Niderlandy County, California, for such purposes.
The Site may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data received from the Organization or any products utilizing such data in violation of the United States export laws or regulations.
The Organization is located at the address specified in Section 10.8. If you are a California resident, you may report complaints to the Consumer Assistance Division of the California Department of Consumer Affairs, in writing at 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.
Electronic Communications
Communications between you and the Organization may use electronic means, whether you use the website or send us emails, or the Organization posts notices on the website or communicates with you via email.
For contractual purposes, you:
a) agree to receive communications from the Organization electronically;
b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Organization provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.