Each reference to "use of the website" herein means to view website content and/or to establish, edit and maintain private memorial websites by users of the website.
By using the website and/or creating a memorial website, you are indicating your agreement to be bound by all of the following terms and conditions.
GoneTooSoon hosts and operates memorial websites created in memory of individuals and pets who have passed away. Some of these memorial websites are created by GoneTooSoon staff and some of these websites are created by users of GoneTooSoon, who are not affiliated or related in any way to GoneTooSoon.
Some of GoneTooSoon services will be free of charge; others may cost money or have other requirements.
GoneTooSoon reserves the right to modify the service, including (and not limited to) its features, its look & feel, its behaviour and its functional elements.
User is solely responsible for the photos, profiles (including name, image, and likeness), candles, tributes, gifts, messages, notes, text, information, music, video, advertisements, listings, and other content that the User upload, publish or display (hereinafter, 'post') on or through the Service or the Site, or transmit to or share with other users (collectively the 'User Content'). The user may not post, transmit, or share User Content on the Site or Service that the User did not create or that the User does not have permission to post. The User understands and agrees that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The User is solely responsible at his/her sole cost and expense for creating backup copies and replacing any User Content the User post or store on the Site or provide to the Company.
When the User posts user content to the site, the user authorises and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, the User automatically grant, and the User represent and warrant that the User have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. The User may remove User Content from the Site at any time. If the User choose to remove User Content, the license granted above will automatically expire, however the User acknowledge that the Company may retain archived copies of the User Content. GoneTooSoon does not assert any ownership over User Content; rather, as between us and User, subject to the rights granted to us in these Terms, the User retain full ownership of all of the User Content and any intellectual property rights or other proprietary rights associated with User Content.
User acknowledges and agrees that GoneTooSoon neither endorses the contents of any of the memorial websites nor assumes responsibility for any of this content.
The operators of the website retain for themselves the right, solely at their discretion, to erase, edit or omit content that is not in keeping with the purpose of using this website. The operators of the website’s decision to do so is not to be construed as accepting responsibility for the content appearing on the website which was not placed there by them.
The content of eulogies, tributes or candles or any User Content will be edited or removed by the operators if it contains any of the following:
Naming individuals alleged or convicted of crimes connected with the deaths of those featured on this website.
Inappropriate messages expressing opinions about the circumstances surrounding the deaths of those persons featured on this website.
Once a user creates a memorial website, he/she shall enter a password for editing and managing the website. He/she is entirely responsible if he/she does not maintain the confidentiality of his/her password and account. Furthermore, he/she is entirely responsible for any and all activities which occur under his/her account.
User agrees to immediately notify GoneTooSoon of any unauthorised use of User's account or any other breach of security known to User.
When you are uploading a photograph or image onto a memorial site on GoneTooSoon,
it is extremely important that you either own the copyright of that image (that is you took
the picture yourself) or that you have the written permission of the person who owns that
This is important because if you use a picture without permission, the owner can take
legal action against you, and you could be liable to prosecution and/or pay a fine and
For example, if you create a site for someone famous who has passed away, you must not
use an image of them on that site unless you can determine who owns the copyright to
that picture and you have their permission. Simply copying a picture from the internet or
a newspaper’s website is not permitted.
GoneTooSoon cannot accept responsibility for any pictures which you have uploaded
onto the site. It is your personal responsibility. If someone contacts GoneTooSoon
to advise that a picture they took or own the copyright to has been used without their
permission then we will remove that image. If legal proceedings are brought, your
contact details may be provided as the person responsible for that breach of copyright.
GoneTooSoon EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GoneTooSoon MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GoneTooSoon assumes no responsibility for the deletion of or failure to store information in GoneTooSoon memorial websites.
User is solely responsible for the contents of his or her memorial website. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
to comply with UK law regarding the transmission of technical data exported from the UK through the Service;
not to use the Service for illegal purposes;
not to interfere or disrupt networks connected to the Service;
to comply with all regulations, policies and procedures of networks connected to the Service.
not to upload, store or distribute content belonging to one or more of the types enumerated below via the website:
Illegal content and/or content designated for carrying out illegal activity.
Content which injures the operations of the website and/or users of the website.
Content of a libellous, harassing, inciting, or insulting nature.
Content containing viruses and software likely to be damaging.
Content of an advertising and/or commercial nature.
Content infringing on or harming copyrights.
Content contradicting the Prohibition Against Defamation Law and/or the Privacy Protection Law.
Content which is deemed to be offensive.
Junk-mail (spamming) for which the recipient has no use and from which receives no benefit.
to use the website for commemoration, exclusively for the perpetuating the memory of the deceased in whose name the website was established.
not to use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, or harmful material of any kind or nature.
not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
not to attempt to gain unauthorised access to other computer systems.
not to interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Either User or GoneTooSoon may terminate the Service with or without cause at any time and effective immediately. GoneTooSoon shall not be liable to User or any third party for termination of Service. Nevertheless, if service is terminated by GoneTooSoon, any payment made by the User for hosting a memorial website will be refunded, provided that:
(b) One year did not pass from the day the payment was made until the time the service was terminated.
Should User object to any terms and conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and GoneTooSoon.org/GoneTooSoon.co.uk/Gone2soon.co.uk will have no obligation thereafter to deliver the user any of the content from the memorial websites.
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by GoneTooSoon or GoneTooSoon affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorised. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so.
SMS SPONSORSHIP: If you are subscribed to sponsorship via SMS you will be charged your network standard text message rate when sending the initial text ‘SPONSOR to 83010, your phone will be charged £3 per month for the sponsorship service on the same date each month. between the hours of 9am and 9pm. For more information call 0845 122 0501, lines are open from 7:00am and
10:00pm 7 days a week. Calls to 0845 numbers are charged at 5p per minute, mobile calls may vary.
Texting ‘credit’ to 83010 will incur your standard network charge and your mobile will be billed £5 you will then receive a code to your mobile to redeem your credits, please note that the codes are case sensitive.
In the event of a copyright infringement, you are required to follow the report procedure. More details and the form you will need to fill in are available from our copyright information page.
Important Warning regarding uploading photographs and images on Gonetoosoon.org
When you are uploading a photograph or image onto a memorial site on GoneTooSoon, it is extremely important that you either own the copyright of that image (that is you took the picture yourself) or that you have the written permission of the person who owns that picture.
This is important because if you use a picture without permission, the owner can take legal action against you, and you could be liable to prosecution and/or pay a fine and costs.
For example, if you create a site for someone famous who has passed away, you must not use an image of them on that site unless you can determine who owns the copyright to that picture and you have their permission. Simply copying a picture from the internet or a newspaper’s website is not permitted.
GoneTooSoon cannot accept responsibility for any pictures which you have uploaded onto the site. It is your personal responsibility. If someone contacts GoneTooSoon to advise that a picture they took or own the copyright to has been used without their permission then we will remove that image. If legal proceedings are brought, your contact details may be provided as the person responsible for that breach of copyright.