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Introduction
This Agreement is a legal document which sets out your rights and obligations, together with those of eMoria Ltd, registered in England, no.4081907, ("eMoria.co.uk", "we" or "us"), in relation to this website and the services offered by eMoria.co.uk through it. By creating an eMorial or leaving a condolence on the eMoria.co.uk website, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the eMoria.co.uk website. Visitors to the eMoria.co.uk website who edit or change an eMorial together with those who do not create or edit or change an eMorial equally affirm that they are bound by this Agreement every time they access the eMoria.co.uk website.
Creating an eMorial
You undertake to create an eMorial using accurate and current information about yourself - including your correct name, address and any other required details.
If you create an eMorial, it will be posted on the eMoria.co.uk website and be available for viewing and editing from the date of acceptance.
Content of eMoria
Whether you created the eMorial, condolence or are just a visitor to the eMoria.co.uk website, you acknowledge that we are not and cannot be responsible for the contents of individual eMorials including text, photos, images, audio clips, and video clips. We provide a website where eMorials may be accessed and changed. You should be aware that although eMoria.co.uk will check the content of eMorials by screening text, photographs, images, audio clips, and video clips, it cannot totally ensure the pre-screening or monitoring of all the material contained within eMorials.
Access to the eMoria Website
In order to view and participate in the eMoria.co.uk website you must have internet access and all the software (and skills) required for email and web usage.
Privacy policy
The Privacy Policy of eMoria forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Click here to view the full Privacy Policy
Operation of eMoria.co.uk
eMoria.co.uk reserves the right to withdraw or modify one or more aspects of the site where we have legal, commercial or technical reasons to do so (including technical difficulties experienced by eMoria.co.uk or on the Internet). There may also be occasions when the eMoria.co.uk website becomes unavailable, whether on a scheduled or unscheduled basis.
Misuse of eMoria.co.uk
We reserve the right (a) to withdraw an eMorial from view, in part or total, and/or (b) to edit, or require the creator to edit, material posted on eMoria.co.uk, if the material appears to us to be in breach of any provision of this Agreement. You are responsible for everything which is done by you or by any person nominated by you on or through eMoria.co.uk within your individual eMorial.
Inappropriate content
eMoria.co.uk is intended to be used for the creation and viewing of eMorials for loved ones. Accordingly, eMorials must not contain the following: -
email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication. or
place material on, or otherwise use, the eMoria.co.uk website for any business or commercial purpose; or
use your access to the eMoria.co.uk website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
Prohibitions
You are responsible for ensuring that no material you, or any person nominated by you, post, or which is posted through a machine on which you or they access the eMoria.co.uk website will be capable of:
(a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
Alerting eMoria.co.uk
If you view anything on the eMoria.co.uk website which appears to infringe this Agreement, please contact us to inform us of it by clicking on this link info@eMoria.co.uk. We, either directly or via licensees of eMoria Ltd, endeavour to monitor all content of eMorials before being posted on the internet therefore, although we are not reliant upon users to point out any which infringe this Agreement, we welcome notification of any that are considered to.
Withdrawal of an eMorial
Each client acknowledges that we are entitled to withdraw any material within an eMorial that appear, whether based on information received from clients or others, or our own determination, to be capable of breaching any part of this Agreement, or to bring the eMoria.co.uk website into disrepute.
Disclaimer and Release
eMoria.co.uk has no control over or responsibility for the truth or accuracy of any material available within individual eMorials.
If any third party sites are linked to from the eMoria.co.uk website, this does not mean that we endorse or have any responsibility for the website in question or anything which appears on it.
Your use of eMoria.co.uk is entirely at your own risk.
Accordingly, to the extent that the law permits, you release eMoria.co.uk from all liability arising out of or in connection with the eMoria.co.uk website and the material included here by clients and other third parties.
Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the eMoria.co.uk website (including the material which is contributed by clients) are owned by eMoria.co.uk. Therefore, no-one may copy, distribute, show in public or create any derivative work from the eMoria.co.uk website, unless properly licensed to do so by us.
Excluded loss
eMoria.co uk will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). eMoria.co.uk will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
Non-excluded Liabilities
Nothing in this Agreement limits eMoria.co.uk liability for death or personal injury resulting from our negligence, or any other liability that may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the eMoria.co.uk site.
Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of eMoria.co.uk assign or dispose of this Agreement.
Entire Agreement
This Agreement includes our privacy policy. Together they contain the whole of the agreement between eMoria.co.uk and you concerning the eMoria.co.uk website, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
Changes to this Agreement
eMoria.co.uk reserves the right to change this Agreement from time to time, and post the new version on the eMoria.co.uk site (www. eMoria.co.uk), and the new version of these terms and conditions will take effect, and will govern all eMoria.co.uk services and your relationship with eMoria.co.uk:
Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
Contact
You can contact us by post at eMoria Ltd, The Mews, David Street, Grimsby, DN32 9NN
All site material is owned by eMoria Ltd and should not be used without prior permission. Any views expressed within eMorials on the eMoria.co.uk website represent the opinions of the author(s), and do not represent the opinions of eMoria.co.uk.
1. All text screened for unsuitable wording / obscenities
2. All photographs, video and audio screened for suitability
3. Agree to abide by the decision on suitability of text, visuals and audio by eMoria or a representative of eMoria
4. Client accepts responsibility for disclosure of passwords for editing / changing of eMorial
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