if i die.org Terms of Service

Terms of Service

The Terms of Service form a legally binding agreement between you and if i die.org in relation to your use of the Site and the Services it provides. It is important that you take the time to read them carefully. Before you continue, you should print off or save a local copy of the Terms for your records.

if i die.org Terms of service

These Terms of Service govern your access to and use of if i die.org's website (the "Site"), any information, text, graphics, or other materials created and/or provided by if i die.org and appearing on the Site (the "Content"), and any services and/or software provided through the Site (the "Services"). Your access to and use of the Site, Content, Services and/or Your Notes (as defined below) are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Services and/or Your Notes you agree to be bound by these Terms of Service. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you.

Please also refer to if i die.org's Privacy Policy (at https://ifidie.org/privacy), which is incorporated by reference herein.

Your Notes

"Your Notes" or "User Notes" as used in this Agreement means the information, text, graphics, or other materials that you or other users create, save, upload, download and/or access through the Site and Services.

While you own the content contained in Your Notes, you hereby grant all if i die.org users and non-users who have been given access to your shared folder a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit Your Notes. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant these licenses.

You acknowledge that if i die.org does not have any obligation to monitor the User Notes that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Notes, including without limitation, any information obtained by using the Site or Services. if i die.org does not endorse anything contained in User Notes or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against if i die.org with respect thereto.

You acknowledge and agree that you should not rely on the Site, Content, Services and Your Notes for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, or Services. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Site, Content, Services and/or Your Notes.

Modification of Terms of Service

You acknowledge and agree that if i die.org may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, Services and/or Your Notes after if i die.org makes any such revision, you agree to be bound by the revised Terms of Service. if i die.org reserves the right, at any time, to impose fees for access to and use of the Site, Content, Services and/or Your Notes.

Privacy

See if i die.org's Privacy Policy at https://ifidie.org/privacy for information and notices concerning if i die.org's collection and use of your personal information. if i die.org's privacy policy is expressly incorporated into this Agreement by reference.

Account Security

When you open an account to use or access certain portions of the if i die.org website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for safeguarding the password that you use to access the Site, Content, Services and Your Notes. You agree not to disclose your password to any third party. You may not use the account, username, or password of someone else at any time. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify if i die.org of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or notes to if i die.org, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Services and Your Notes. if i die.org shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

if i die.org may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not if i die.org, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data and Notes, and if i die.org shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data or Notes.

Children.

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, Services and Your Notes is at your own risk. if i die.org WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, SERVICES OR YOUR NOTES.

Provision of the services by if i die.org

You acknowledge and agree that if i die.org may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at if i die.org's sole discretion, without prior notice to you. You may stop using the Services at any time.

You acknowledge and agree that if if i die.org disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while if i die.org may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by if i die.org at any time, at if i die.org's discretion.

if i die.org is Available "AS-IS" and "AS-AVAILABLE"

Limitation of Liability

Indemnity

You agree to defend, indemnify, and hold if i die.org, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Content and/or Your Notes; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Notes caused damage to a third party or yourself, including without limitation claims that Your Notes are infringing.

Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver

The failure of if i die.org to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

if i die.org Property and Feedback

All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of if i die.org and its licensors, including all Intellectual Property Rights (as defined below) therein, even if if i die.org incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site.

General Prohibitions

You agree not to do any of the following while using the Site, Content, Services or Your Notes:

* upload, download, display, perform, transmit, or otherwise distribute any content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (iii) advertises or otherwise solicits funds or is a solicitation for goods or services; (iv) promotes bigotry, racism, hatred or harm against any individual or group; or (v) infringes another's rights, including any intellectual property rights.

* Access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as 'public'), if i die.org's computer systems, or the technical delivery systems of if i die.org's providers;

* Access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.

* 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 Site, Content, Services or User Notes with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by if i die.org or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools.

* Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;

* Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site, Content, Services or User Notes 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 Site, Content, Services or User Notes;

* 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 the Site; or plant malware on if i die.org's computer system, those systems of if i die.org's providers, or otherwise use the Site, Content, Services or User Notes to attempt to distribute malware.

* Impersonate or misrepresent your affiliation with any person or entity

if i die.org will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. if i die.org may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that if i die.org has no obligation to monitor any user's access to or use of the Site, Content, Services and User Notes, but has the right to do so for the purpose of operating the Site and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit data and/or notes: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). if i die.org has adopted and implemented a policy that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Links

This Site may contain links to Web sites controlled by parties other than if i die.org (the "Third Party Sites"). if i die.org works with a number of partners and affiliates whose sites are linked with if i die.org. if i die.org is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. if i die.org makes no guarantees about the content or quality of the products or services provided by such sites. if i die.org is not responsible for webcasting or any other form of transmission received from any Third Party Site. if i die.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by if i die.org of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that if i die.org is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

Termination

If you violate any of these Terms of Service, your permission to use the Site, Content, Services and Your Notes will automatically terminate. if i die.org reserves the right to revoke your access to and use of the Site, Content, Services and Your Notes at any time, with or without cause. if i die.org also reserves the right to cease providing or to change the Site, Content, Services or Your Notes at any time and without notice.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between if i die.org and you regarding the Site, Content, Services and Your Notes, and these Terms of Service supersede and replace any prior agreements between if i die.org and you regarding the Site, Content, Services and Your Notes. BY USING if i die.org'S SERVICES OR ACCESSING THE if i die.org WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

If you have any questions about these Terms of Service, please contact if i die.org at help@ifidie.org.

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