Terms & Conditions of Living Reef Memorial, Global Preservation Project, Affiliate Poviders, and Our Services
One of our first priorities with Living Reef Memorial’s web site, is to execute our client’s wishes. We also wish to (1) avoid any problem with third party copyright, (2) ensure we can fulfill any promises we make by being around so that we can service your account for the foreseeable future, (3) generally ensure that the site keeps to its purpose of providing information, (4) prevent any potential abuses of our system.
As for disclaimers, of course, we cannot be responsible for misuse of our services or false starts. Unless you elect an executor to execute your service order, we must rely on the initiation terms you give us to begin the service order. If you are not able to communicate with us to cancel or defer the order, it is likely that it will be started too early. Therefore it is up to you to decide how to initiate the service and to bear all risk and responsibility for such initiation.
Further, by registering with Living Reef Memorial or its affiliates, you agree to the following:
- Filtering, editing and/or periodic review of the contents of your communications and submissions, in the exclusive effort to ensure accuracy and readability of information you submit and that the services are not being abused or used for any illegal or inappropriate purposes as defined under any applicable laws.
- You will not submit, use, paste, or upload, download, or cut-and-past copyright protected works for which you do not at least have a license to use such works, and you assume full responsibility for any copyright violations for your unauthorized use of such works.
- Ownership in your copyright, to the extent it is under your control, or rights under a license, to the extent assignable, are hereby assigned to Living Reef Memorial and you agree that ownership in any works you create or submit to or publish on this site, licenses to use such works, or suggestions for improvement to the site or our services which you make to us in the future are automatically assigned to, or where not assignable, sub-licensed to Living Reef Memorial.
- The decision not to publish your memorial or reef deployment, even privately, is the sole discretion of Living Reef Memorial, for which LRM or GPP need provide no explanations. If you attempt to post material which, in LRMs view, violate the norms of common decency or are even marginally risqu, you now give Living Reef Memorial the right to edit your submission, refuse to publish such information, delete such information, or unpublished such information, and/or terminate your account and, to compensate Living Reef Memorial for their efforts of ensuring appropriate content for other clients and visitors, you give LRM the right to retain any fees you’ve paid. If LRM deems content on your memorial or obituary inappropriate for the site or sites on which you wish to publish or make your memorial or obituary available, but which is not otherwise indecent, you grant LRM the right to modify the publish sites you choose, publishing only on those which in LRMs sole judgment are appropriate for such content. The goal of this effort is to ensure that those who visit LRMs family of memorial sites (e.g., dedicated funeral home sites or affiliate provider sites) will be pleased with the content they find and will not be offended by such content, a visitor to Living Reef Memorial finding content one would find appropriate to an artificial reef manufacturing company’s website, a visitor to www.livingreefmemorial.com finding content appropriate to a professional website, and, likewise, a visitor to the mother company’s web site (www.globalpreservationprojet.org) web sites finding things one would expect to find in a main stream, generically scientific, not for profit website which promotes ecological preservation, restoration, enhancement, mitigation, and rehabilitation projects. You agree that any of the public memorials you create may be displayed or republished on appropriate affiliate sites, such as funeral home sites.
- Binding, confidential Arbitration of all disputes under Swiss law in Geneva, Switzerland, according to the World Intellectual Property Rules of Arbitration.
- If you are using our Living Reef Memorial service, it is expedient that, when you sign up and begin the process of writing letters and providing photos for later delivery, we own the copyright in these original works of authorship. Why? Because if you don’t assign copyright in these works, then the copyright ownership falls in the hands of your heirs who can then require that we deliver all of their property in our possession immediately upon demand, and not according to your wishes expressed in your service agreement with us.
- Upon registration, Living Reef Memorial grants you a royalty-free lifetime license to modify, delete or otherwise alter works which you have assigned to us and/or do assign to us in the future. If you wish to permanently remove your works from our site, you may request that copyright ownership in these works be re-transferred to you.
- We reserve the right to accept or not any candidate client, registrant or service order at our sole discretion without notice. For example, any sending of unsolicited or inappropriate emails or letters will result in the suspension of the forwarding services without refund, at the sole discretion of Living Reef Memorial. Further, you agree to provide accurate information about yourself and use your real name, and to pay for our services using a method clearly identified with your real name, such as credit card payment, that allows us to verify whether the person paying and the person registered is one and the same person. You agree that if your identity at time of payment does not match the name you registered with, we may cancel your membership and refund any fees paid, minus a handling charge sufficient to cover our cost for having processed the payment.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in Living Reef Memorial pages or communications. Although Living Reef Memorial will attempt to take all reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.
You understand and agree that your memorial or your packages may not be transferred or sold to third parties except your legal statutory heirs.
You understand and agree that, when used in this website, the term “unlimited” when referring to storage space, means “unlimited within reason” or as otherwise limited by footnote, whichever is less, and LRM may reject any uploads that exceed acceptable size limitations and which are not necessary for purposes of creating a thoughtful, lasting memorial of appeal to visitors of any of the LRM websites.
LIVING REEF MEMORIAL OFFERS ITS SERVICES WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BY SUBMITTING AN APPLICATION, SIGNING THE CLIENT AGREEMENT, SUBSCRIBING TO OUR SERVICES OR REGISTERED YOUR EMAIL WITH US, YOU AGREE THAT LIVING REEF MEMORIAL (OR ITS OFFICERS, DIRECTORS, AFFILIATES, ITS PARENT, SUBSIDIARIES, OR EMPLOYEES, HEREIN “LIVING REEF MEMORIAL & GLOBAL PRESERVATION PROJECT “) LIABILITY TO YOU, SHALL IN NO INSTANCE EXCEED $10US OR THE COST OF SERVICE YOU ORDER, WHICHEVER IS GREATER, AND THAT YOU AGREE NOT TO JOIN IN ANY CLASS ACTION SUIT AGAINST ELC FOR WHICH THE TOTAL AGGREGATE DAMAGES SOUGHT EXCEED $10,000US, EVEN THOUGH IN SUCH CASE YOUR PRO-RATA DAMAGES DOES NOT EXCEED THE GREATER OF $10US OR THE COSTS OF THE SERVICE YOU ORDER. IN OTHER WORDS, YOU AGREE AND UNDERSTAND THAT ELC LIABILITY UNDER ALL CIRCUMSTANCES IS CAPPED AT $10,000US FOR ANY ACTION OR INCIDENT. YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR YOUR POSTING AND FOR YOUR BREACH OF THESE TERMS OF SERVICE AND THEREFORE YOU OR YOUR ESTATE AGREE TO INDEMNIFY AND HOLD ELC HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, EXPENSES, OR LOSSES FOR DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY, INCLUDING REASONABLE ATTORNEY’S FEES ARISING DIRECTLY OR INDIRECTLY (i) FROM INFRINGEMENT BY YOU OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT OR (ii) FOR YOUR DIVULGING ANY CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION OF OTHERS, OR FOR ANY LIABILITY FOR SLANDER, OR LIBEL RESULTING FROM ANY COMMENTS OR (iii) POSTINGS YOU MIGHT MAKE ON YOUR MEMORIAL OR THROUGH HEAVENS MAIL OR ANY OTHER ELC SERVICE, OR (iv) OTHERWISE, WITHOUT LIMITATION, FROM YOUR BREACH OF THESE TERMS OF SERVICE.
You agree not to use our services for any unlawful purpose, or for any purpose intended to harm or in preparation of harming any living person. Further, you certify that you are 21 years of age or older and are legally capable of entering into this contract. In addition, if you are signing up for our Living Reef Memorial service, you certify that you are either (1) terminally ill and have been informed by a medical doctor that you have less than 5 years to live or (2) you are over 50 years of age. In addition, you hereby declare that you are of sound mind and that in signing up for our Living Reef Memorial services, your intentions are good and that you primary wish is to comfort the recipients by sharing your hope, your faith, or life’s wisdom gained during your stay on this Earth. You affirm that in signing up for our Living Reef Memorial mail service, you have no malicious intention whatsoever. Further, you understand that, for reasons of security, LRM may at any time require that you prove your identity or age via submission of a copy of a drivers license or passport. Once submitted, you hereby grant LRM the irrevocable authority to disclose your identity including submitting any proofs of identity management has in its possession to authorities for the purpose of any criminal investigation. Violation of the terms of this Service Agreement or failure to provide this identification to the satisfaction of management may result in cancellation of your registration without refund for fees already paid at the time of cancellation.
When you indicate your desire to become a registered user, or utilizing Living Reef Memorial or their affiliates, you are stating that you have read and understood these terms of service as stated above and that you will read these terms again from time to time when we announce via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should such a dispute arise.
Therefore, in exchange for the privilege of using our services, we require that you accept these terms of Service, which essentially disclaim liability for our services, assign to us the copyright in your works and submissions (to the extent you own them) and license back to you the right, during your lifetime to modify and even delete the contents of your writings and other copyright-able submissions.