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virtualheaven.com

Terms of Use Agreement

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

  1. Introduction.

    Thank you for reviewing our Terms of Use Agreement (hereinafter the "Agreement") for the virtualheaven.com web site. This website is owned and operated by MenInRain.com, LLC, doing business as VirtualHeaven (hereinafter "VirtualHeaven"). This Agreement applies to persons who visit, register with, subscribe to, or otherwise use the virtualheaven.com web site ("Users"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access VirtualHeaven services ("Services") or the virtualheaven.com web site (hereinafter referred to collectively as "virtualheaven.com" or "the Site").

  2. About virtualheaven.com.

    virtualheaven.com allows the memories of our loved ones to live on forever. Users of the Site may create and post memorials for anyone special in their life that has passed away. Other Users may provide additional content to those memorials. Please note that the information provided by individuals through the Site is not provided or verified by VirtualHeaven and does not necessarily reflect the views or opinions of VirtualHeaven.

  3. Availability and Eligibility.

    Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by VirtualHeaven to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you register with the Site, your Log-in Name and password may not be transferred, loaned, given or sold to another party.

  4. Services.

    The Site provides you with the opportunity to set up memorials and to post content to your and other memorials. You may register and post certain content to the Site at no cost. In order to post a memorial and take full advantage of all of the services offered on the Site, you will need to purchase a package at the costs set forth on the Site, as changed from time to time. The details, including the costs of each package option, are posted on our web site at http://virtualheaven.com/memorial/choose-packet/preview/. As further discussed below, you acknowledge and agree that VirtualHeaven does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive. The accuracy of the representations contained in a memorial or User post should be independently verified by a User before a User takes any action.

  5. Package Options; Billing

    If you choose to subscribe to the Services, your credit card will be charged based on the specific subscription option that you select. Your initial charge will be authorized and processed at the time your package is selected by you and you expressly authorize such charge as well as recurring charges, if any. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. You also acknowledge and agree that VirtualHeaven may submit monthly charges without further authorization from you until you notify VirtualHeaven that you wish to terminate your subscription. If you cancel your subscription before its termination time, you will not be eligible for a refund of any unused portion. If you notify us in writing that you are canceling your subscription at least 48 hours before your recurring charge date, VirtualHeaven will halt any further billing and your subscription will run out automatically on its scheduled recurring charge date. VirtualHeaven reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree to promptly provide VirtualHeaven with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.

  6. User's Responsibilities and Acknowledgements.

    As a virtualheaven.com User you are obligated to read this Agreement and our Privacy Policy before you register on our Site, utilize our Services, purchase from us, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge and agree that individuals that provide information on the Site are solely responsible for their conduct and the content of their memorials and postings and that VirtualHeaven has not and does not review, approve, or otherwise endorse such information or conduct. VirtualHeaven is not responsible for conduct of any User of the Site.

  7. Restricted Activities.

    You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, memorials, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any sexually suggestive, obscene, or vulgar text or images; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of VirtualHeaven and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.

  8. Breach.

    Without limiting other remedies, we may limit your activity, remove your content, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. If you violate or otherwise breach this Agreement, VirtualHeaven will not issue any refunds of any amount to you.

  9. Privacy.

    We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.virtualheaven.com/privacy-policy/. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

  10. Links to Third Party Sites.

    There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, VirtualHeaven. Such links do not necessarily constitute an endorsement by VirtualHeaven of those sites. VirtualHeaven undertakes no obligation to monitor such sites, and you agree that VirtualHeaven is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.

  11. Intellectual Property.

    The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.

  12. DMCA Policy

    VirtualHeaven takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), VirtualHeaven has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

    VirtualHeaven
    Attn: DMCA Designated Agent
    info@meninrain.com

    The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

    • A description of the copyrighted work claimed to have been infringed;
    • A description of the infringing material and information reasonably sufficient to permit VirtualHeaven to locate the material;
    • Your contact information, including your mailing address, telephone number, and email address;
    • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner;
    • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
  13. Email Policy.

    Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. In addition, if you contact another user through our Service, then your name and email address will be shared with such Users and they may contact you by email and other methods. You agree not to abuse the VirtualHeaven communication system in any manner. You shall not use virtualheaven.com to sell or promote any products or services. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of VirtualHeaven.

  14. Disclaimer of Warranties.

    WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

    IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIRTUALHEAVEN. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VIRTUALHEAVEN DISCLAIMS ANY AND ALL SUCH WARRANTIES.

  15. General Release.

    IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE VIRTUALHEAVEN, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE ยง 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY VIRTUALHEAVEN.

  16. Limitation of Liability.

    IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT VIRTUAL HEAVEN'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  17. Indemnity.

    You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. VirtualHeaven reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of VirtualHeaven. You further agree to indemnify and hold harmless VirtualHeaven from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

  18. Licenses.

    VirtualHeaven grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.

  19. Waiver.

    Failure by VirtualHeaven to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

  20. Right to Change this Agreement.

    VirtualHeaven reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following Virtual Heaven's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

  21. General Provisions.

    This is the entire Agreement governing the use of the VirtualHeaven Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of New Jersey, without regard to that state's conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of New Jersey. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of VirtualHeaven in accordance with applicable law and the remainder of the Agreement shall remain in full force.

  22. Contact VirtualHeaven.

    Except as explicitly stated otherwise, any notices to VirtualHeaven shall be given by postal mail to VirtualHeaven, 42 Boatworks Drive, Bayonne, NJ 07002 (in the case of VirtualHeaven). You agree that you will notify MenInRain.com LLC in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give VirtualHeaven a reasonable period of time to address it before bringing any legal action.