Gonetoosoon.org/gonetoosoon.co.uk/gone2soon.co.uk (hereby known simply as GoneTooSoon throughout these "Terms Of Use"), owned and operated by APN Ltd, is provided to you ("User") under the terms and conditions detailed in this document ("Terms of Use"). The Terms of Use comprises the entire agreement between User and GoneTooSoon, and supersedes all prior agreements between the parties regarding the subject matter contained herein.
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 may change the Terms of Use from time to time. Upon major changes in the Terms of Use, GoneTooSoon will notify all users who created a memorial website in GoneTooSoon by sending an e-mail to the address they provided upon registering or editing their memorial.
User's continued use of the Service constitutes an affirmative: (1) acknowledgement by the User of the Terms of Use; and (2) agreement by User to abide and be bound by the Terms of Use and Terms of Use modifications.
GoneTooSoon reserves the right to modify the service, including (and not limited to) its features, its look & feel, its behaviour and its functional elements.
All information entered into GoneTooSoon by the user is considered public, with the exception of the User contact information which is considered private unless explicitly set otherwise by the User.
GoneTooSoon will not disclose User's e-mail contact information to any third party and will also not monitor, edit, or disclose the contents of such information, unless: it was required to do so by law or in the good faith belief that such action is necessary to:
(a) conform to the edicts of the law or comply with legal process served on GoneTooSoon;
(b) protect and defend the rights or property of GoneTooSoon;
(c) act under exigent circumstances to protect the personal safety of GoneTooSoon users or the public;
(d) fix or debug problems with the GoneTooSoon software/service.
(e) The User has violated a significant term of these Terms of Use.
The operators of the website make reasonable efforts under the circumstances to protect User information and the User's privacy. Still, because of the nature of the network, it is not possible to guarantee complete protection of that information. Accordingly, the User frees the operators of the website from any responsibility for any damage or injury whether direct or indirect, financial or other, that will be caused to the user as the result of disclosure of this information, regardless of the reason for the disclosure.
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 post User Content to the Site, the User authorize 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 authorize 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:
Offensive Language
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 unauthorized use of User's account or any other breach of security known to User.
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
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.
User agrees:
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 unauthorized 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.
GoneTooSoon may, at its sole discretion, immediately terminate Service should User's conduct fail to conform to these terms and conditions of the Terms of Use.
User agrees to indemnify and hold GoneTooSoon, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' and solicitors' fees, made by any third party due to or arising out of User's use of the Service, the violation of this Terms of Use by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
(a) the Service wasn't terminated due to the User violation of the Terms of Use;
(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.
All notices to a party shall be in writing and shall be made either via email or conventional mail. GoneTooSoon may broadcast notices or messages through the Service to inform User of changes to the Terms of Use, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
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 authorized. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so.
The Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom. User and GoneTooSoon agree to submit to the exclusive jurisdiction of the United Kingdom legal service.
Failure by GoneTooSoon to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoneTooSoon in writing.
User and GoneTooSoon agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
To unsubscribe from this service please text GTS STOP to 87103, you will recieve a free message that confirms your unsubscription from all notifications. Messages are charged at 25p, and are sent between the hours of 9am and 9pm. You will receive only one SMS for every alert type you subscribe to until you next login. For memorial notifications, a text message is sent when candles, gifts, or tributes are left on the memorials of your choice. For social notifications, a text message is sent when friends request your friendship, messages are posted on your garden wall or you receive a private message. For more information call 09062 006 800, lines are open from 7:00am and 10:30pm 7 days a week. Calls to 09062 numbers are charged at £1.00 per minute, mobile calls may vary. APN LS11 8BP.
