Terms & Conditions of Eterna Link Communications Pty. Ltd. and Our Services
One of our first priorities with Eterna Link Communications, is to execute our
client's wishes, despite other interferences which might come along. We also
wish to (1) avoid any problem with third party copyright, (2) ensure we can
fulfill any promises we make by being around so that we can service your account
for the foreseeable future, (3) generally ensure that the site keeps to its
purpose of providing exceptional and innovative online legacy communication
services for its primarily Christian clientele and, of course, (4) prevent any
potential abuses of our system.
As for disclaimers, of course, we cannot be responsible for misuse of our services,
including, with regard to Heaven's Mail, possible false starts. Unless you elect
an executor to execute your service order, we must rely on the initiation terms
you give us to begin the service order. If you are not able to communicate with
us to cancel or defer the order, it is likely that it will be started too early.
Therefore it is up to you to decide how to initiate the service and to bear all
risk and responsibility for such initiation.
Further, by registering with Eterna Link Communications or its affiliates, you agree to the following:
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Filtering, editing and/or periodic review of the contents of your communications and submissions, in
the exclusive effort to ensure accuracy and readability of information you submit and
that the services are not being abused or used for any illegal or inappropriate purposes
as defined under any applicable laws.
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You will not submit, use, paste, or upload, download, or cut-and-past copyright
protected works for which you do not at least have a license to use such works,
and you assume full responsibility for any copyright violations for your
unauthorized use of such works.
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Ownership in your copyright*, to the extent it is under your control, or
rights under a license, to the extent assignable, are hereby assigned to
Eterna Link Communications and you agree that ownership in any works you
create or submit to or publish on this site, licenses to use such works, or
suggestions for improvement to the site or our services which you make to us
in the future are automatically assigned to, or where not assignable,
sublicensed to Eterna Link Communication.
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The decision not to publish your memorial or obituary, even privately, is the
sole discretion of Eterna Link Communications Pty. Ltd, for which ELC need provide
no explanations. If you attempt to post material which, in ELC's view, violate the
norms of common decency or are even marginally risqué, you now give ELC the right to
edit your submission, refuse to publish such information, delete such information, or
unpublish such information, and/or terminate your account and, to compensate ELC
for their efforts of ensuring appropriate content for other clients and visitors, you
give ELC the right to retain any fees you’ve paid.
If ELC deems content on your memorial or obituary inappropriate for the site or sites
on which you wish to publish or make your memorial or obituary available, but which is
not otherwise indecent, you grant ELC the right to modify the publish sites you
choose, publishing only on those which in ELC's sole judgment are appropriate
for such content. The goal of this effort is to ensure that those who visit ELC's
family of memorial sites (e.g., dedicated funeral home sites or affiliate sites)
will be pleased with the content they find and will not be offended by such content,
a visitor to Catholic Memorials.com finding content one would find appropriate to a
Catholic website, a visitor to Christian Memorials.com finding content appropriate to a
Christian website, and, likewise, a visitor to The Eternal Portal ® finding things one
would expect to find in a main stream, generically religious, theistic website which
promotes hope in eternal existence beyond life on this earth. You agree that any of
the public memorials you create may be displayed or republished on appropriate
affiliate sites, such as funeral home sites.
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Although ELC endeavors to minimize the amount of third party advertising on its websites and on
specific memorials (and despite statements of current policy on the website itself that claims
that ELC does not permit third party advertising), ELC reserves the right to allow such advertising
at any time in the future. You agree that your sole remedy in the event that you do not wish that
such advertising appear on your memorial or memorials is to remove the memorial without recourse
to a refund for any fees already paid.
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Binding, confidential Arbitration of all disputes under Swiss law in Geneva,
Switzerland, according to the World Intellectual Property Rules of Arbitration.
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*If you are using our Heaven's Mail-it's Eternal™ service, it is expedient that,
when you sign up and begin the process of writing letters and providing photos
for later delivery, we own the copyright in these original works of authorship.
Why? Because if you don't assign copyright in these works, then the copyright
ownership falls in the hands of your heirs who can then require that we deliver
all of their property in our possession immediately upon demand, and not according
to your wishes expressed in your service agreement with us.
Upon registration, Eterna Link Communications grants you a royalty-free lifetime
license to modify, delete or otherwise alter works which you have assigned to
us and/or do assign to us in the future. If you wish to permanently remove your
works from our site, you may request that copyright ownership in these works be
re-transferred to you.
We reserve the right to accept or not any candidate client, registrant or service
order at our sole discretion without notice. For example, any sending of unsolicited
or inappropriate emails or letters will result in the suspension of the forwarding
services without refund, at the sole discretion of Eterna Link Communications.
Further, you agree to provide accurate information about yourself and use your
real name, and to pay for our services using a method clearly identified with
your real name, such as credit card payment, that allows us to verify whether
the person paying and the person registered is one and the same person. You agree
that if your identity at time of payment does not match the name you registered
with, we may cancel your membership and refund any fees paid, minus a handling
charge sufficient to cover our cost for having processed the payment.
While we strive for accuracy, we cannot be responsible for any errors or omissions
in service or in Eterna Link Communications pages or communications. Although
Eterna Link Communications will attempt to take all reasonable steps to ensure
that your service orders are fulfilled in a timely manner, we cannot guarantee
that such orders will in fact be carried out.
You understand and agree that your memorial website or your packages may not be
transferred or sold to third parties except your legal statutory heirs.
You understand and agree that, when used in this website, the term "unlimited" when
referring to storage space, means "unlimited within reason" or as otherwise limited
by footnote, whichever is less, and ELC may reject any uploads that exceed acceptable
size limitations and which are not necessary for purposes of creating a thoughtful,
lasting memorial of appeal to visitors of any of the ELC websites.
ETERNA LINK COMMUNICATIONS OFFERS ITS SERVICES WITHOUT WARRANTY OF ANY KIND,
AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES. BY SUBMITTING AN APPLICATION, SUBSCRIBING TO OUR SERVICES OR REGISTERED
YOUR EMAIL WITH US, YOU AGREE THAT ETERNA LINK COMMUNICATION'S (OR ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, AFFILIATES, ITS PARENT, SUBSIDIARIES, OR EMPLOYEES,
HEREIN "ELC") LIABILITY TO YOU, SHALL IN NO INSTANCE EXCEED $10US OR THE COST
OF SERVICE YOU ORDER, WHICHEVER IS GREATER, AND THAT YOU AGREE NOT TO JOIN IN
ANY CLASS ACTION SUIT AGAINST ELC FOR WHICH THE TOTAL AGGREGATE DAMAGES SOUGHT
EXCEED $10,000US, EVEN THOUGH IN SUCH CASE YOUR PRO-RATA DAMAGES DOES NOT EXCEED
THE GREATER OF $10US OR THE COSTS OF THE SERVICE YOU ORDER. IN OTHER WORDS, YOU
AGREE AND UNDERSTAND THAT ELC LIABILITY UNDER ALL CIRCUMSTANCES IS CAPPED AT
$10,000US FOR ANY ACTION OR INCIDENT. YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR
YOUR POSTING AND FOR YOUR BREACH OF THESE TERMS OF SERVICE AND THEREFORE YOU OR
YOUR ESTATE AGREE TO INDEMNIFY AND HOLD ELC HARMLESS FROM ANY AND ALL LIABILITY,
DAMAGES, EXPENSES, OR LOSSES FOR DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY,
INCLUDING REASONABLE ATTORNEY'S FEES ARISING DIRECTLY OR INDIRECTLY (i) FROM
INFRINGEMENT BY YOU OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT
OR (ii) FOR YOUR DIVULGING ANY CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION OF
OTHERS, OR FOR ANY LIABILITY FOR SLANDER, OR LIBEL RESULTING FROM ANY COMMENTS
OR (iii) POSTINGS YOU MIGHT MAKE ON YOUR MEMORIAL OR THROUGH HEAVENS MAIL OR ANY
OTHER ELC SERVICE, OR (iv) OTHERWISE, WITHOUT LIMITATION, FROM YOUR BREACH OF
THESE TERMS OF SERVICE.
You agree not to use our services for any unlawful purpose, or for any purpose
intended to harm or in preparation of harming any living person. Further, you
certify that you are 21 years of age or older and are legally capable of entering
into this contract. In addition, if you are signing up for our Heaven's Mail-it's
Eternal™ service, you certify that you are either (1) terminally ill and have
been informed by a medical doctor that you have less than 5 years to live or (2)
you are over 50 years of age. In addition, you hereby declare that you are of
sound mind and that in signing up for our Heaven’s Mail-It’s Eternal® service,
your intentions are good and that you primary wish is to comfort the recipients
by sharing your hope, your faith, or life’s wisdom gained during your stay on
this Earth. You affirm that in signing up for our Heaven’s Mail service, you
have no malicious intention whatsoever. Further, you understand that, for reasons of
security, ELC may at any time require that you prove your identity or age via
submission of a copy of a drivers license or passport. Once submitted, you hereby
grant ELC the irrevocable authority to disclose your identity including submitting
any proofs of identity management has in its possession to authorities for the
purpose of any criminal investigation. Violation of the terms of this Service
Agreement or failure to provide this identification to the satisfaction of management
may result in cancellation of your registration without refund for fees already
paid at the time of cancellation.
In the event that ownership of our company changes such that at least 30% ownership
interest is sold to a third party, you agree that any prior obligations owed you by us,
other than to take down the memorial site you've created when asked, cease and new
terms of service may be substituted for the prior terms of service without the requirement
of further notice to or consent from you.
When you indicate your desire to become a registered user, you are stating that you
have read and understood these terms of service as stated above and that you will read
these terms again from time to time when we announce via email or by publication on our
site announcement page that modified terms have been published, and that you agree to
abide by the most current published rules should such a dispute arise.
Therefore, in exchange for the privilege of using our site, we require that you
accept these terms of Service, which essentially disclaim liability for our
services, assign to us the copyright in your works and submissions (to the extent
you own them) and license back to you the right, during your lifetime to modify
and even delete the contents of your writings and other copyrightable submissions.
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