Updated: January 15, 2021
Welcome to the Your Covid Journey website, also known as COVID IN MEMORIAL website. This website, including all information, tools and services available from this Site to you, the user, is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the site https://www.yourcovidjourney.org, also known as https://www.covidmemorial.com and thier related web pages (the “Site”) and/or engaging in any other activity on the Site such as sharing a story or making a donation, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site.
Please read these Terms of Service carefully before using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the Site or use any Services.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION A – GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information when making a donation), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time.
- MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Your remedy, should you disagree, is to stop using the Service.
We reserve the right, but are not obligated, to limit access of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Services that we offer. Any offer for any Service made on this Site is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any donation. We may, in our sole discretion, limit or cancel donations. These restrictions may include donations placed by or under the same individual account, the same credit card, and/or orders that use the same billing address. In the event that we cancel or modify a donation, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the donation was made.
You agree to provide current, complete and accurate account information for stories that you share and/or all donations made at our Site. You agree to promptly update your account and other information, including your email address as needed.
- THIRD-PARTY LINKS
Certain content and services available via our Site and Service may include materials from third-parties. Third-party content and links to third-party websites on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If you submit content to us, for example you share a Covid story, whether online, by email, by postal mail, or otherwise (collectively, ‘content), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any content.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any content. You are solely responsible for the content you provide and its accuracy. We take no responsibility and assume no liability for any content posted by you or any third-party.
For all content provided by you, you agree to grant us a world-wide, perpetual, fully-paid-up license with the right to sublicense to the content you provide for as long as you maintain the content on our Site. You may terminate the license at any time by removing your content from the Site. If you identify content on our Site that violates your intellectual property rights (i.e., copyright and/or trademark), please see our DCMA take-down policy below.
- PERSONAL INFORMATION
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.
- ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
SECTION B – PERSONAL INFORMATION
For the purposes of this section, personal information includes any data or information about you that is described as “personal data” and/or “sensitive personal data” in the Data Protection Act 1998 (which includes your name, photos, medical data and other information about you (“Personal Information”).
You agree that the Personal Information relating to you may be anonymized and the anonymized data may be used by us and our partners in connection with the compilation of statistical information.
You agree that your name, image and contact details can be used by us and our partners for the purposes of:
- the promotion and marketing of the Site;
- adding you to a mailing list to keep you informed about any future events and Services which we believe you might be interested in;
- promotional and marketing by our partners.
If you would not like us or our partners to use the Personal Information as described above, please email us at email@example.com.
SECTION C – TAKEDOWN & COMPLAINT POLICY
We respect the intellectual property rights of others and we ask that the users of our Services and Site do the same. If you believe that your copyrighted work has been copied and is accessible through our Site in a way that constitutes copyright infringement, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
To file a copyright infringement notification with us, please send a written communication that includes the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work you claim has been infringed and a description of the infringing activity.
- Identification of where the material you claim to be infringing is located, such as a URL or information reasonably sufficient to permit us to locate the material.
- Information to permit us to contact you, including your name, address, telephone number, and e-mail 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 by you, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send your Notification to:
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. The above address is only for reporting copyright infringement.