Terms of Use - Last-Memories.com (only in english)

  The website www.last-memories.com is owned and operated by Convile IBC. Convile IBC has established the website www.last-memories.com to preserve content posted to the website by users. Please read these Terms of Use, accompanying the Privacy Policy which is legal binding contract between You and the Convile IBC, before using this website. By using this website, You acknowledge your agreement to these Terms of Use and that You have read, understood, and agree to be bound by the Terms of Use. Terms of Service for our Forum can be found here.
The use of the www.last-memories.com service/system establishes acceptance of the following Terms of Use:

In the Terms of Use, the following terms have the following meanings:
  1. "Company" means the Convile
  2. "Registered User" means a user who registers with the Website.
  3. "You" means either (i) a User of the Website (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 Website. In case (ii) You will be held legally responsible for the acts of the Minor.
  4. "Minor" means any person under the age of 16, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).
  5. "Website" means the Convile website available at the URL www.last-memories.com.
User License
  1. You are licensed to access and use the Website solely for personal purposes in accordance with the terms set out in the Terms of Use.
  2. Use for commercial purposes and any re-publication of the Website or content on the Website 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.
  3. Software may be made available in connection with the Websites, which You may be permitted to access or download. You may only download, copy, reuse or distribute software provided by the Website where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.
Website content
  1. The website www.last-memories.com shall be available permanently, and the Company shall take reasonable measures to protect and preserve the content submitted by You.
  2. All intellectual property rights in and relating to the Website and the content displayed on the Website (other than contributions of Users) are owned by the Company, or by the Company's third party licensor.
  3. You warrant that You own all material (This includes files such as music, photos, videos graphics or other materials that you post, transmit or otherwise make available. Upon notification and proof of a copyright infringement to the Company, your memorial site may be suspended or terminated.) You post to the Website or elsewhere or have the right to post such material and the right to grant the Company 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.
  4. The Company does not control the content delivered or posted to memorial websites created and does not guarantee or make any representations regarding the accuracy, integrity or quality of any content. You agree that Company is not liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of content posted to www.last-memories.com.
  5. You grant the Company a non-exclusive perpetual royalty-free license in their absolute discretion to host, distribute, edit or remove any part of the material posted to the Website.
  6. You are solely responsible for all content that You post to the Website directly or with help of Company's support office.(This also means if support office will upload texts, pictures or media files on your behalf to the website). You may not post, and the Company may in its absolute discretion remove, any content that they believe:
    1. constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
    2. is defamatory of a real or legal person, or of goods or services;
    3. violates a person's privacy or other rights relating to personal information;
    4. depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
    5. is blasphemous or incites religious hatred;
    6. impersonates or falsely attributes material to any person or entity;
    7. discloses confidential or proprietary information of another person;
    8. is discriminatory in any way, including by way of sex, race or age discrimination;
    9. might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
    10. creates a risk to safety or health, or compromises national security or official secrets;
    11. the Company deems to be, offensive, immoral or illegal;
    12. is otherwise malicious, fraudulent, or may result in the reputation of the Website, or the Company being damaged;
    13. is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to the Company;
    14. Otherwise violates the Terms of Use.
  7. You must not upload, post or otherwise transmit to the Website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
  8. Upon submission of content to the Website by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
  9. Any content submitted by You that is deemed to be in breach of the Terms of Use will result in the content being removed, even if You have paid to use the services provided by the Website.
  10. Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.
  1. You acknowledge that the Company may establish general practices and limits concerning use of the service, including without limitation the number of days that memorial postings or other uploaded content will be retained, the size of any message that may be posted, the disk space that will be allotted on the Company servers on your behalf, and the amount of time during which you may access the Service.
Modification of service
  1. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part of it) with or without notice. In addition, the Company ability to provide the service is contingent upon many factors that may be out of the Company control, including, but not limited to, the continued availability of the internet as it presently exists or other technologies that may be available in the future that would allow for the continuation of such service in essentially the same manner as they are provided today. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website for any reason.
Communications with Users
  1. The Company may send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered Member that You agree to receive these communications.
  2. The Company 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 Company's Newsletter. The Company 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 the Company.
No Warranty; Liability and Indemnity
  1. The Company provides all content in the Website "AS IS" and "AS AVAILABLE" without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) do the Company make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
  2. The Company shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, the Company can not be held liable for any content that is posted by Users to the Website. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against the Company.
  3. You will indemnify the Company 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 Website).
  4. The Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user content, communications or personalization settings.
  5. Any material obtained through the use of the Website 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.
  6. Nothing in the Terms of Use limits the Company's liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.
  7. In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. The Company 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.
  8. If You are dissatisfied with the Website, or do not agree to any of the terms of the Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
  9. If using Good Cause Donation service, www.last-memories.com will not be held liable for any donations and will not have any monetary or any other obligation to users.
  1. The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Website. Use of any part of the Website 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 Website.
  2. The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
  3. The Company can not 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.
Registration and Security
  1. As part of the registration process, You will select a password and if you choose to create memorial website you will also choose a unique web address for your site. If you don't need a memorial website you can register without choosing a web address for memorial website. You must provide the Company with accurate, complete, and updated personal registration information. You must not use a web address that the Company, in its sole discretion, deems offensive or otherwise inappropriate.
  2. You agree that when you are issued a Username and Password by the Company You will keep your password confidential at all times, because you are responsible for all activities that occur under your password or account.
  3. You shall notify the Company 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 the Company be held liable for any acts or omissions by a Registered or other User of the Website.
Sites and Membership Fees
  1. Subject to the terms of the Terms of Use, the sites created by Registered Members via the Website are available to be viewed online at no charge.
  2. When You register to create a site, You will be granted for free mebership hosting option for free. If You will not pay for Angel or Heaven membership fee, some services on your website may become disabled from your memorial website.
  3. All sites can be edited without charge at any time.
  4. If you choose Angel or Heaven membership option your websites will be activated within 24 hours, upon receiving membership fee. The membership starts from the day we receive your membership fee.
  5. There shall be no refund of money paid to the Company, upon change of membership (e.g. Angel to Heaven)
  6. In case user will pay for website which was already activated, payment will not be refunded, instead user will receive activation code which can be used to activate unpaid memorial website.
  1. The Company shall have 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 their absolute discretion. Without limitation to the generality of the foregoing, the Company shall have 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:
    1. You breach any term of the Terms of Use;
    2. Technical or other issues mean that it is no longer practicable for the Company to continue to operate the Website in whole or part.
  2. The Terms of Use shall automatically terminate in the event that You unsubscribe from the services provided via the Website or from the communications sent to you from the Company.
  3. A Registered User may at any time ask the Company to delete without charge a site created by that User.
  4. Upon termination of the Terms of Use or access to the Website (for whatever reason), there shall be no refund of money paid to the Company.
  1. The Terms of Use, which incorporate our Privacy Policy, constitute the whole of the legal contract between You, and the Company.
  2. Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with law of the Slovak Republic.
  3. The parties do not intend the Terms of Use to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
  4. In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
  5. The Company reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of the Company assign, license or subcontract this agreement or any of your rights or obligations under it.
  6. The Company reserves the right to update and change the Terms of Use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Website is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Website at any time. Continued use of the Website now or following changes in this agreement implies that You have read, accepted and are bound by the changes.
  7. The Company shall not file a specific copy of the Terms of Use with You.
  8. The Terms of Use are only available in English.