Eternal Moment User Agreement
Effective January 1, 2010
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IMPORTANT: Please read this carefully as this user agreement governs your usage of Eternal Moment.
Welcome to the Eternal Moment User Agreement. We want you to fully understand the terms and conditions of using Eternal Moment and the services it offers. This User Agreement is a legal agreement between you (either an individual or entity) and Cobalt Dream (un)Limited for use of the services. By using, accessing or registering for the Services, you agree to be bound by and hereby become a party to all the terms of this Agreement.
The Services are intended for individuals 14 years of age or older. By using, accessing or registering for the Services, you represent and warrant that you are at least 14 years of age. If you are not at least 14 years of age or do not agree with the terms of this Agreement, do not use, view, access or register for the Services.
Children under the age of 18 may only register for Eternal Moment with the express consent of, and supervision by, a parent or legal guardian. When you, as a parent or guardian, permit a child to access the service, you agree to be fully bound by the TOS and to be responsible for: (a) your child's use of the services; and (b) your child's breach of any term or condition of the TOS. Please remember that Eternal Moment is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the services and/or user content are inappropriate for your child.
1. PRIVACY. Please consult Eternal Moment's Privacy Policy to learn our current policies to protect the privacy of your information.
2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are solely responsible for the content of all visual, written or audible communications sent by you. You agree that you will not use Eternal Moment to:
* Submit, post or transmit any defamatory, libelous, abusive, harassing, obscene, indecent, threatening or illegal material, or any material that infringes the intellectual property rights of others;
* Take any action that is unlawful, that would give rise to civil liability, creates liability for Eternal Moment or its affiliates, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.
* Access, tamper with, or use non-public areas of the website, Eternal Moment computer systems, or the technical delivery systems of Eternal Moment's providers;
* Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
* Attempt to access or search the website or website content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Eternal Moment or other generally available third party web browsers (such as Firefox, Netscape Navigator, or Microsoft Internet Explorer);
* Send unsolicited mass mailings, email, junk mail, "spam", or chain letters;
* Forge any TCP/IP packet header or any part of the header information in any email, content/information/data submitted through Eternal Moment, or in any way use the services or content to send altered, deceptive or false source-identifying information;
* Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services or content;
* Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Eternal Moment; or,
* Impersonate or misrepresent your affiliation with any person or entity.
Although Eternal Moment is not responsible for any such communications or use of the services, Eternal Moment may delete any such communications or bar any such use of the services of which Eternal Moment becomes aware, at any time without notice to you or anyone. You are solely responsible for any information that you submit or post on this website. Eternal Moment retains the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement.
3. INFORMATION CONTROL. The material that appears on the Services is for general informational purposes only. We do not control the information or links provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Eternal Moment may contain links to other websites or resources. You acknowledge and agree that Eternal Moment is not responsible or liable for: (i) the availability or accuracy of such information, sites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any information or link through the services does not imply that Eternal Moment endorses the information or linked site. Eternal Moment assumes no responsibility for the content provided through the services or of such other sites and will not be liable for any damages or injury arising from your use or reliance upon such content or your access to, or inability to access, such information or sites. Before you act on information you've found on our website, you should independently confirm any facts that are important to your decision. You use the information and links at your own risk. By using the Services, you agree that Eternal Moment is not responsible for the acts or omissions of users of the services.
4. MEMBER ID AND PASSWORD CONTROL. You are responsible for all actions taken with your member ID and password. Therefore, we recommend that you do not disclose your password to any third parties. If you choose to share your member ID or password or personal information with third parties, you are responsible for all actions taken with your account. If your password has been compromised for any reason, you should immediately change your password on the Eternal Moment web site.
5. RIGHT TO USE. Subject to the terms and conditions of this Agreement, Eternal Moment grants you only the right to use the Services, in accordance with this Agreement. You receive no rights to modify or reproduce the Services. Any rights not expressly granted herein are reserved.
6. NO COMMERCIAL USE. Other than using the services in which you are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between you and Eternal Moment, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web-site or otherwise generate income from, the services.
7. COPYRIGHT. Eternal Moment and/or its suppliers, as applicable, retain ownership of all proprietary rights, notices and marks in, or displayed by, the services. You will not remove, deface or obscure any of Eternal Moment's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. All material you submit or post on this website may be used, reproduced, modified, and distributed as Eternal Moment deems necessary in our reasonable discretion.
8. TRADEMARKS. Cobalt Dream (un)Limited, Eternal Moment, and the Eternal Moment logo, are trademarks or registered trademarks of Cobalt Dream (un)Limited. Other Eternal Moment product or service names or logos referenced herein are trademarks of Cobalt Dream (un)Limited. All other products, services and company names mentioned herein may be trademarks of their respective owners. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
9. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE. Eternal Moment respects the intellectual property rights of others and expects users of the services to do the same. At Eternal Moment's discretion and in appropriate circumstances, Eternal Moment may terminate the accounts of users or prevent access to the services by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Eternal Moment's designated agent for notice of alleged copyright infringement appearing on the Site is:
DonnaMarie Alesia
email: donnamarie@cobaltdream.com
Filing a notice of infringement with Eternal Moment requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.copyright.gov.
10. TERMINATION. You may terminate this agreement at any time by logging into your account, clicking the Edit tab, and clicking the Cancel link. Once you’ve cancelled you won’t be charged again, but you are responsible for all previously incurred charges. If you fail to comply with any term of this agreement, Eternal Moment may terminate this agreement immediately without notice. Eternal Moment also reserves the right to cease providing or to change the services and the content provided through the services at any time, without notice to anyone and without liability or penalty to Eternal Moment or Cobalt Dream (un)Limited. All Sections, except Section 5, "RIGHT TO USE" shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Services.
11. REFUNDS. Subscription charges are non-refundable, but once you cancel you will never be charged again. We don’t have long-term contracts, lock-in, signup or termination fees. All subscriptions are month to month, and you may cancel at any time. Physical merchandise can be returned for a full refund within 30 days.
12. EXPORT RESTRICTIONS. You acknowledge that the services or a portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
13. INJUNCTIVE RELIEF. You acknowledge that any use of the services contrary to this agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the services, may cause irreparable injury to Eternal Moment, its affiliates, suppliers and any other party authorized by Eternal Moment to resell, distribute, or promote the services, and under such circumstances Eternal Moment, its affiliates, suppliers and partners will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
14. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND THAT ETERNAL MOMENT, ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ETERNAL MOMENT, ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA POSTED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DATA LOSS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless Eternal Moment, its affiliates, officers, directors, employees, consultants, agents, suppliers and partners from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Eternal Moment, its affiliates, suppliers and partners specifically disclaim any express or implied warranty of fitness for such purposes.
15. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETERNAL MOMENT OR ITS AFFILIATES, SUPPLIERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ETERNAL MOMENT, ITS AFFILIATES, SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ETERNAL MOMENT's, ITS AFFILIATES', SUPPLIERS' AND PARTNERS' MAXIMUM CUMULATIVE LIABILITY EXCEED $50 OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY), WHICHEVER IS GREATER, AND THIS AMOUNT SHALL BE YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE LIABILITY LIMITATIONS SET FORTH IN THESE TERMS OF USE SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THESE TERMS OF USE OR THE INVALIDITY OF ANY OTHER PROVISION. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
16. MISCELLANEOUS
16.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A.. The parties consent to the exclusive jurisdiction and venue of the courts located in and/or serving Los Angeles County, California.
16.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this agreement will remain in full force and effect.
16.3 General Provisions. This agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Eternal Moment may change the terms of this agreement at any time by posting modified terms on its website. This agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this agreement is solely for accommodation purposes. All notices or other correspondence to Eternal Moment under this agreement except for notices described in Paragraph 9 hereof must be sent to info@eternalmoment.com, or other address as provided by Eternal Moment for such purpose. Any and all rights and remedies of Eternal Moment, its affiliates, suppliers and partners upon your breach or other default under this agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this agreement or by law or equity on Eternal Moment, its affiliates, suppliers and partners, and the exercise of any one remedy will not preclude the exercise of any other.
16.4 Ordering Products and Services. You may order certain Eternal Moment products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice.