תנאי השימוש

 

TERMS AND CONDITIONS

Last Updated April 20 th , 2021

  1. GENERAL
      1. The following terms and conditions, and any document incorporated by reference (hereinafter the " Terms ") constitute the binding agreement between you (hereinafter " the User " or " You ") and Memoriz Plus Ltd, an Israeli company registered under the number 516206612, operating the website memoriz.plus (the " Website ") (hereinafter the " Company " or " We "). Those Terms apply to your use of the Website for the services provided by the Company which are the creation of a Site (as defined below), the sharing of pictures and other information with a dedicated audience, the storage of such data, and the ordering of various memories related services (the " Services ").
      2. By using the Services that we perform through our Website, You agree to be bound by these Terms and the related Privacy Policy ( https://memoriz.plus/en/privacy-statement ) that You have explicitly read and separately agreed to.
      3. You understand and agree that we may require the service of third parties for the performance of our Services, including notably credit card processors, and that You are bound by their respective terms and conditions and privacy policy. The Company shall not bear any liability in respect of any of their action or omission.
      4. You should carefully read and understand the Terms before You accept them. The Terms contain limitations on the scope of our obligations and liability in respect of the Services provided.


  2. Operating a Site
      1. In order for You to create a Site, You need to register as a User via your email address or Facebook or Google or LinkedIn and provide the following personal information: your full name and email address. A Site will consist of a dedicated area of the Website and all the Content thereof where the Site creator (the " Site Owner ") manages the sharing of memories. The Site Owner remains the sole owner and manager of the Site and all the Content until the deletion of the Site.
      2. There are two types of Sites that You can create: a memorial site dedicated to deceased persons (the " Memorial Site ") and a life-story site (the " Life-story Site ") that can be dedicated to any person, whether it be You or another person.
      3. The contribution to each Site, whether in photos, videos, or written comments, regardless of the identity of the contributor, is designated as the Content. The Site Owner bears the exclusive liability as to the Content displayed on the Site it owns, including with respect to any issue in connection with the consent of the persons concerned by the Site, the proprietary rights of the Content, the accuracy of the Content and any claim of libel or defamation regarding the Content .
      4. As a Site Owner, you must regularly check the Content displayed on your Site and remain vigilant as to the privacy rights of the persons displayed, the accuracy of the comments and their nature. You have the ability to delete any comment, picture or video from the Site that you own, and you can block any User from having access to, or contributing to, your Site. You will find in the various functionalities of the Site the possibility to make your Site public, i.e. any person visiting the Website can review the Content of the Site, or private, i.e. the Content is accessible only to invited Users.
      5. You can create, or contribute to, a Site only if you are above the age of 13. If you are under the age of 13, we assume that a Site was created with the consent of your parents or any adult having a legal authority over you and we deny any liability for any Site created by a person under that age.
      6. Inviting other Users. You may send an invitation to other persons via the Site or email with a link to a specific Site that You own. Only invited Users will be entitled to comment and contribute to the Site they have been invited to.
      7. Visiting a Site. Any visitor on the Website is entitled to review the Content of all non-private Sites, yet the contribution to the Content of a Site is subject to a prior invitation.
      8. Objecting the Content of a Site. As a visitor or a contributor, You may have personal grounds or claims against the Content of a Site. In such case, We invite You to contact the Site Owner, who is exclusively liable for the Content displayed on his Site, and settle the objections directly with the Site Owner. Should such amicable settlement fail, we will offer our mediation services through our support service a [email protected] .
      9. Deletion of a Site. As a Site Owner, you may delete the Site at any time by requesting so through the functionalities offered on the Website or by contacting our support service. Should you wish to collect all the Content displayed on the Site that you request to delete, please contact our support service at [email protected] .


  3. Subscription
          1. You are entitled to post on a free basis up to 5 pictures and/or videos per Site that You have either created or being invited to by the Site creator. Above such limit, You are required to subscribe the Site in order to post additional pictures or videos on that Site, whether created by You or by another User.
          2. Subscription process shall not require any additional information beyond the one given upon registering of a Site.
          3. Three subscription programs are opened to You: a monthly subscription, a yearly subscription or a one-time subscription. During the period of that ongoing subscription, You will be entitled to post pictures and video content on a regular basis and in the common standard use, that is not exceeding extremely high threshold set by us, currently at 50 GB. The subscription pricing may be modified by the Company from time to time at its sole discretion and you can see the ongoing pricings on the Website.
          4. The payment of the subscription shall be done via credit card payment through our trusted 3 rd party secure payment processor. For the payment process, You are redirected to the payment page of our processor where You are required to fill in your payment card details in order to proceed with your Transaction. Those details are your credit card number, expiration date and code CVV. The execution of the credit card payment is secured under the PCI-DSS system. This transaction is performed under the relevant terms and conditions of our payment processor for which we are not liable.
          5. Following each subscription, the Company will send you an email with the details of the subscription purchased and the amount charged.
          6. Cancellation of the payment order . The User understands and agrees that once it has transmitted the credit card payment order, that payment transaction is under execution, and it cannot be cancelled. Nonetheless, should you wish to cancel it, you shall contact us as soon as practicable in order to obtain further information.
          7. Cancellation of the Subject to applicable law and subject to our right of charging cancellation fee, the subscription can be cancelled at any time and will be effective as of the next billing cycle, meaning next monthly billing or next annual billing as applicable.
      2. You shall not use the credit card of any other person and/or entity. The Company declines any liability towards the owner of a credit card that would have been used through the Website by a User that is not the credit card owner. You are solely and exclusively liable towards the credit card owner for any use made of its credit card .
      3. Nothing in these Terms shall be construed as an obligation of the Company to accept any payment. The Company reserves the right, at any time and sole discretion, to reject any payment. The User shall not have any claim against the Company in this regard.


  4. Representations and warranties
      1. You hereby declare, agree and undertake to the following when using the Website:
          1. You are at least 13 years of age;
          2. You shall use the Website only for your personal use and not for any commercial purpose
          3. You shall not perform any use that contradicts or breaches any provision of the applicable law or regulation, whether directly or indirectly, including in order to create or participate to a fraud scheme, libel, defamation, children pornography or any other illegal activity;
          4. You shall not impersonate a person and/or any other entity, You shall not use the ID number or the credit card number of anyone other than yourself, and You shall not provide false, inaccurate or incomplete data while using the Services;
          5. You shall not allow any third party to use your mean of payment or You will be held solely liable for any use of it for our Services;
          6. You shall not activate viruses, trojan horses, worms and/or any other software on the Website;
          7. You shall not use any means in order to monitor or duplicate the Website and/or the activity carried out through it and/or information presented therein;
          8. You shall not use the Website in any way that may damage it and/or its underlying data sets;
          9. You shall not use the Website and/or carry out actions in a manner that might harm it or make it inaccessible;
          10. You shall not attempt in any way gaining unauthorized access to the computer systems, databases, or networks that are connected to the Website and not make any use of other Users' data.
      2. You may be required to provide further data or information at the discretion of the Company according to the applicable law and the Company's internal policies, or in accordance with the local regulations.
      3. Your refusal to provide such data or failure to provide it within a reasonable time will entitle us to deny the performance of the Services and the access to the Website or suspend it or cancel it, at our sole discretion, and You shall be prohibited from making any claims against the Company in this respect.
      4. The Company reserves the right to suspend your activity on the Website (a) where a suspicion arises that You used the Website in breach (i) of these Terms, or (ii) of any applicable legislation or the Company's internal policies, or (b) due to our internal policies, or (c) if You failed to provide any requested document or information reasonably requested pursuant to our policies. You hereby waive any claim against the Company in this respect.
      5. The use of the Website is personal and private and the User must safeguard any specific code issued in respect of its use. It is hereby clarified that failure to safeguard the codes and/or the device that was used to access the Website might result with the theft of the User’s identity, and the Company shall not be liable of any damage arising therefrom whether directly or indirectly and the User shall waive any claim against the Company.


  5. Intellectual property of the Website
      1. All intellectual property rights, including copyrights, patents, database rights, designs, trademarks, regardless of whether they are registered or not, the Website and its name and logo, the software, the designs, photos, illustrations, sounds and all other content, including the manner of their presentation are owned solely by the Company or its affiliates, or third parties as the case may be, and shall remain our or their property. No use shall be made thereof except for the permitted one under these Terms and Conditions.
      2. Copying, redistributing, broadcasting, publishing, presenting in public, delivering to third parties, creating derivative work, storing part or all of the Website content in any way whatsoever (temporarily or permanently), or making any commercial or non-commercial use of the Website content is prohibited and no changes should be made thereto.


  6. Intellectual property of the Content
      1. Any User’s input of Content on a Site constitutes a declaration and approval of the User that he is the owner of all the Content transferred and the related proprietary rights, or that he has obtained the consent of the relevant persons to do so, that there is no restriction for the Company to process the personal information, and/or to use it in accordance with the Company's Privacy Policy.
      2. All Site Content belongs exclusively to the Site Owner who bears the exclusive liability in all matters related to it, notably in any claims of intellectual property, libel, defamation, privacy rights etc. As a Site Owner, contributor or unregistered visitor, you waive any and all claims against the Company in respect of the Site Content.
      3. By displaying any Content, You grant the Company a limited license to use the Content as part of the Services on the Website.


  7. Liability and indemnification
      1. The use of the Website and the Services are offered to the User “AS IS” and the Website will be used at the User’s sole risk. The Company expressly disclaims any warranty, expressed or implied, including notably any warranty of merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality, or that the Website will be available at any particular time or location, in an uninterrupted or secure manner; or that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
      2. Since the operation of the Website is dependent on third parties and computer systems and is subject to the provisions of the relevant applicable laws, there may be a delay or temporary failure in the display of Content. The Company shall not be held liable for any direct or indirect damage that will or may be caused to the User or a third party as a result of non-display of a Content or due to delay in the execution thereof.
      3. To the maximum extent permitted by applicable law, the Company, its related companies and anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers shall not be liable, in any way whatsoever and under any circumstances, for any damage whatsoever, whether direct or indirect, consequential or punitive, including any loss of data, that will be caused to the User and/or a third party due to the use of the Website in general, the Content of a Site, or in connection with the reliance on any specific information and/or any service, material, product, software and any other publication included therein, even if the Company was advised of the possibility of such damages.
      4. The Company bears no responsibility and shall not be held liable to any illegal activity or to any breach of right of a person, including intellectual property rights, that may occur in relation with the Content of a Site.
      5. The Company bears no responsibility for the correctness of the Content that is displayed on the Website and any Site hosted on the Website, and/or its quality and/or validity and/or completeness and/or accuracy and/or its adequacy for any purpose whatsoever, nor will the Company be held liable, under no circumstances whatsoever, for any direct or indirect, monetary or other damage that will be caused to the User as a result of using the Website.
      6. The Company bears no liability for any error, omission, deletion, delay, or failure in communications lines, theft or destruction or unauthorized access to Users' communications channels, or Sites, and is not responsible for any problems or technical malfunctions of any network and online systems, servers or providers, computer equipment, software, or any other technical failures, including internet traffic. The Company is further not responsible for any damage to computer equipment caused to any User further to the use of the Website.  
      7. Should the relevant jurisdiction consider, despite the above, that the Company shall bear any liability, for any cause whatsoever and all types of actions, in respect of the Services, such liability shall be limited to the subscription fee paid by the User to Company during the three (3) months preceding the event giving rise to such liability.
      8. If You are not satisfied with the Services at any time, your sole and exclusive remedy is to discontinue using the Services.
      9. The User hereby undertakes to indemnify the Company, its related companies and/or anyone acting on their behalf, including their employees, managers, advisors, representatives, subcontractors, agents, shareholders and suppliers for any damage (including but not only direct, indirect, consequential, incidental and/or special damage, including damage to reputation), losses (including loss of income, loss of information or data), payments or expenses that will be caused to them, including legal fees and court fees, due to any demand, claim and/or lawsuit that will be addressed and/or lodged in connection with the Services or the Content of a Site, or against them by any third party, or due to any action or failure of the User which constitutes breach of these Terms and/or the provisions of any applicable law.


  8. Changes to the Services
      1. The Company may at its sole discretion adapt and/or modify the Services and the User shall have no claim, demand and/or lawsuit in connection with these changes or in connection with disruptions, difficulties and/or malfunctions that will occur in relation with the implementation of such changes.
      2. Subject to Israeli Law, the Company undertakes to maintain backups of the Content and all information of the Website for the duration of the display of such Content to the benefit of the Users and for the reasonable period further to its deletion from the Website considering that the Site Owner has been given the possibility to collect the Content and dispose of it.


  9. Continuity of the Services
      1. The Company does not guarantee that the Website and/or the Services will operate continuously without interruption, disruptions and/or faults, regardless of any force majeure. The Company shall not be liable for any disruption caused to the internet system or any other 3 rd party or any force majeure affecting the Website.
      2. The Company may discontinue, cancel or change some or all of the Services, and discontinue the activation of the Website, any time at its discretion, and will notify you as soon as reasonably possible.
      3. If the Services are discontinued, the Company shall not be liable to any damages caused to the User or to any third party.
  10. Miscellaneous
      1. Assignment . The Company reserves the right to transfer, assign or delegate its rights and/or responsibilities in whole or in part under the Website and its agreement with You to any third party at any time and without your prior consent. You may not transfer your rights or responsibilities to any other third party.
      2. The Company may change these Terms at any given time, at its sole discretion and without giving advance notice. The binding wording of these Terms is the wording published on the Website at the relevant time of your use.
      3. If a Court and/or another competent authority rules that any of the terms of these Terms is illegal or invalid, such term will be adjusted to comply with the requirement of the law in a manner that will retain its original purpose and meaning and the cancelation and/or change of that term shall not impair, invalidate, derogate or change the other Terms.
      4. You agree that, to the extent permitted by the applicable law, the statute of limitations in respect any claim or cause of action arising out or in relation with the Services shall be limited to one year as from the claim or cause of action arose. Any claim or cause of action filed after such period shall be barred.
      5. These Terms are governed by the Israeli Law, excluding any conflict of law rules, and the courts of Tel Aviv Jaffa shall have the sole jurisdiction to discuss any dispute relating to this Terms and/or the Website, the use thereof, or arising therefrom.
      6. You may contact us by sending an email to [email protected] .