Main Terms of Service

MYOWNEULOGY.COM MAIN TERMS OF SERVICE

EFFECTIVE DATE: June 1, 2011
We welcome you to MyOwnEulogy.com and hope you enjoy Your experience with Us!!  We hope Your visit, and stay, is not only useful but fun as well.
I.    GENERAL.  Before using the MyOwnEulogy.com website or creating Your account with MyOwnEulogy.com (herein referred to as "We", "Us", “Our,” or "MyOwnEulogy.com"), please read these MYOWNEULOGY.COM MAIN TERMS OF SERVICE (the "Terms") carefully. These Terms govern Your (the “User,” “Your,” or “You”) access to and use of: (a) the MyOwnEulogy.com Web site (the “Web site”) and (b) all services offered and/or operated by MyOwnEulogy.com (collectively, the "Service"). The Service includes, a platform to only view videos (the “Passive Use”) as well as the free registration use (which includes creation of a user name and password) (the “Registered Use”).  As well, the Service includes the VIP Annual Membership and the VIP Infinite Membership (collectively “VIP Memberships”).  Your access to and use of the Service are expressly conditioned on Your acceptance of and compliance with these Terms. Such acceptance will be deemed made by You by Your use constituting Your acquiescence to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE. Note that any violation of these Terms may result in termination of Your ability to access and use the Service.  Please consult these Terms regularly.
WE INVITE YOU TO:
•    First and foremost, enjoy yourself; but please:
•    Be responsible in your non-VIP membership 500 MB uploads, or 1 GB uploads if You have a VIP Membership;
•    Familiarize yourself with these Terms as well as our Privacy Policy and other pertinent agreements; and
•    Familiarize yourself with these Terms as well as our Privacy Policy and other pertinent agreements (yes, we said it twice).


II.    RESTRICTIONS ON AGE.  In order to use the Service, You must be at least 13 years of age. You represent that You are at least 13 years old. If You are not at least 13 years old, please do not attempt to use, or set up an account to use, the Service.


III.    ADDITIONAL TERMS.   Additionally posted terms and conditions may be applicable to specific services and/or features (the "Additional Terms"), all of which are hereby incorporated by reference. Such Additional Terms will be posted for viewing in conjunction with the applicable feature or service. You also acknowledge that MyOwnEulogy.com’s VIP Memberships are subject to this Agreement and any additional terms related to the provision of the VIP Terms of Service. In the event of any conflict between the terms and conditions of these Terms (other than Section XXI, XXII and XXIII of these Terms) and the terms and conditions of the Additional Terms, the Additional Terms shall control; with respect to conflicts between these Terms and the Additional Terms and Sections XXI, XXII and XXIII of these Terms, Sections  XXI, XXII and XXIII of these Terms shall control.


IV.    CHANGE IN TERMS.  We reserve the right at any time to change all or any part of these Terms and change the Service, including by eliminating or discontinuing any content on or feature of the Service. We may change the price for VIP Membership from time-to-time.  These changed prices will take effect after the expiration of the then current paid for period.  Any change in price will be communicated to You.  If You do not wish to be bound by such changed price relating to Your VIP Membership You may terminate Your VIP Membership in accordance with Section XVII.  Any changes We make will be effective immediately upon notice, which We may provide by any means including, without limitation, posting on the Service or by electronic mail. Your use of the Web Site and Service after any such changes are implemented constitutes Your acceptance of the changes.  Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "EFFECTIVE DATE" legend at the top of these Terms. Upon Our request, You agree to sign a non-electronic version of these Terms. You agree that We shall not be liable to You or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.

V.    REGISTRATION.
When and if You create Your MyOwnEulogy.com account and register to use the Service, entitling you to up to 500 MB of video eulogy storage for non-VIP Membership use, You agree to (a) provide accurate, current and complete information about Yourself as prompted by Our registration form (including Your email address), and (b) maintain and update Your information (including Your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by You is untrue, inaccurate, not current or incomplete, we reserve the right to terminate Your access to and use of the Service. Our use and disclosure of any such information that You provide is governed by Our Privacy Policy.
As part of the account set-up and registration process, You will be asked to select a Username and password. We may refuse to grant you a Username for any reason in Our sole discretion, including in the event we determine that such User name impersonates someone else; is illegal; is vulgar; or is otherwise offensive.  We also may refuse to grant You a Username in the event We determine, in Our sole discretion, it is protected by trademark or other proprietary rights or intellectual property rights law; or otherwise may cause confusion. You will be responsible for the confidentiality and use of Your Username and password and agree not to transfer or resell Your use of or access to the Service to any third party. IT IS YOUR RESPONSIBILITY TO MAINTAIN THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
VI.    MYOWNEULOGY.COM VIP MEMBERSHIP.

If You agree to pay the fee for a VIP Membership, this fee will be charged in accordance with the payment method you have chosen for Your purchase, namely through Paypal, and you will receive up to 1 GB of space to upload your video eulogy.  If You are paying by credit or debit card, by designating a card to be billed, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.  All information that You provide to Us or Our third party payment processor must be accurate, current and complete.  Any such information will be treated as described in Our Privacy Policy.  You agree to pay all charges incurred by You or any Users of Your account and credit card, or other applicable payment mechanism, at the prices in effect when such charges are incurred.  All prices stated on the MyOwnEulogy.com Web site include all applicable taxes and fees.  Verification of information applicable to a purchase may be required prior to Our acceptance of any order.

VII.    AUTOMATIC SUBSCRIPTION RENEWAL.

Your subscription to the MyOwnEulogy.com VIP Annual Membership will automatically renew at the end of each subscription term, unless you terminate Your subscription in accordance with Section XVII and the MyOwnEulogy.comVIP Membership Agreement.  At the time of renewal the payment method You designate for charges to Your account will automatically be charged with the proper amount.

VIII.    USE OF THE SERVICE.
Subject to and conditioned upon Your compliance with these Terms, and solely for so long as you are permitted by MyOwnEulogy.com to access the Service, You have a non-exclusive, non-transferable, non-sublicensable, limited right, and revocable license to use the Service solely for Your personal, non-commercial, home purposes.  User will not use the Web site for any other purpose, including any commercial purpose, without MyOwnEulogy.com’s express prior written consent.  For example, You will not, and will not authorize any other person to Co-brand any portion of the Web site.  “Co-branding” means to combine Our service mark(s), symbol(s) or other MyOwnEulogy.com identifying material with those of another, creating an impression that We endorse or are affiliated in any way with another person or organization.  If any Co-branding occurs, You agree to cooperate with MyOwnEulogy.com to cause this unauthorized use to immediately cease.
IX.    ADVERTISEMENTS.
You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service.  You agree that (a) MyOwnEulogy.com and its business partners have a right to provide advertising and other information to You in relation to the MyOwnEulogy.com Service.  The Service, including all such materials and all intellectual property rights therein, remain the property of MyOwnEulogy.com or its licensors or suppliers. You may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of MyOwnEulogy.com. All rights not expressly granted hereunder are expressly reserved.
X.    RESTRICTIONS OF USE.
While using the Service You agree to comply with all applicable laws, rules and regulations. In addition, We expect Users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on Your compliance with the rules of conduct set forth in this section. Any failure to comply may result in termination of Your access to the Service pursuant to Section XVII below.  Except as otherwise expressly permitted by Us, while using the Service You agree to not:
A.    USE THE SERVICE TO HARM MINORS IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, BY UPLOADING CONTENT THAT VIOLATES CHILD PORNOGRAPHY LAWS, CHILD SEXUAL EXPLOITATION LAWS AND LAWS PROHIBITING THE DEPICTION OF MINORS ENGAGED IN SEXUAL CONDUCT;
B.    Make any statements expressly or implicitly designed to portray endorsement by Us, without Our prior written consent;
C.    Violate the rights of others, including without limitation others' privacy rights or rights of publicity, as well as not defame, abuse, harass, stalk, or threaten others;
D.    Impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
E.    Restrict or inhibit any other User from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
F.    Engage in spamming or flooding;
G.    Upload to, transmit through, or display on the Service: (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; (d) images by any method to another individual’s account without permission; (e) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
H.    Access or use, or attempt to access or use, another individual’s content without permission;
I.    Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
J.    Tamper with any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
K.    "Frame" or "mirror" any portion of the Service without Our prior written authorization;
L.    Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
M.    Harvest or collect information about or from Users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law and Our Privacy Policy.
We may suspend and/or terminate Your access to and use of the Service and/or any features made available through the Service immediately if You fail to comply with the above rules or otherwise fail to comply with these Terms.
XI.    YOUR CONTENT SUBMISSIONS.
In the event that You post or upload videos to the Service, or otherwise submit to or through MyOwnEulogy.com as part of Your use of the Service, any materials including, without limitation, Videos, and other images, text, graphics, visuals, sounds, data, files, links and other materials (collectively, "Submissions"), You will retain ownership of such Submissions, and You hereby grant Us and Our designees a royalty-free, worldwide, non-exclusive, assignable, sublicensable, through multiple tiers as needed, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute by any means, through multiple tiers as needed, create derivative works of, and publicly display and publicly perform such Submissions, solely in connection with the Service.
You represent, warrant and covenant: (a) You own or otherwise possess all necessary rights with respect to the Submissions, including assignments of all copyrights within Your Submissions, (b) Your Submissions abide by Section X above, and (c) You hereby consent to the use of Your likeness, and You have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), You have obtained such written consent, release and/or permission from such individual's parent or guardian.  If MyOwnEulogy.com requests such, You agree to provide to MyOwnEulogy.com a copy of any consents, releases and/or permissions.  If You do place a Submission on MyOwnEulogy.com that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage You not to include any identifying information of any kind with the Submission.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on Our part and We will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that We may, but are not obligated to, do any or all of the following, at Our discretion: (a) monitor and/or filter any Submissions, including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive; (b) alter, remove, or refuse to send, transmit or otherwise use any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; to protect Us and Our affiliates, distributors, partners, licensors, advertisers and sponsors, and Our and their directors, officers, employees, consultants, agents, other representatives, and Users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that We may also provide Users with a method of reporting Submissions that they believe to be inappropriate. Although we are not obligated in any way to do provide such a reporting method, if We do provide such a method, Submissions that are reported more than five (5)  times may be automatically removed from the Service. MyOwnEulogy.com is not responsible for, and will have no liability for, the removal or non-removal of any Submissions from the Service. We are NOT, and do not intend to be, a back-up solution.  You should keep back-up copies of Your Submissions on Your hard drive or other personal system.
XII.    FORUMS/COMMENTS
A.    MyOwnEulogy.com may offer an option for You to comment on other Users’ videos.  Others may post messages or make statements that include inaccuracies or misleading or deceptive information.  These comments are not made by MyOwnEulogy.com, as such We do not endorse these individual messages or information conveyed within these messages, whether the message be an opinion or other form of comment.  The comments are opinions of the commenting individual.  Any discussion that ensues from a comment is likewise not endorsed by MyOwnEulogy.com
B.    Under no circumstances will MyOwnEulogy.com, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through MyOwnEulogy.com. We may, but have no obligation to, monitor comments and any materials displayed, transmitted or otherwise made available on or through comments or otherwise through the Service.
C.    Review Our Privacy Policy for more information on Your comments and Your privacy.

XIII.    TRANSMISSIONS.  
Some features of the Service enable You to send and receive transmissions. MyOwnEulogy.com has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by You, and You agree to this.  We  reserve the right to set limits on the amount and memory limits of any transmission sent by You or received by You through the Service.
XIV.    TRADEMARK, TRADE NAME, SERVICE MARK ISSUES.
We believe it necessary to mention intellectual property rights multiple times throughout these Terms, as it is a very important issue.  Please respect others’ intellectual property rights.  The trade names, trademarks and service marks owned by Us, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Our trade names, trademarks or service marks without Our express prior written consent.  You shall not use any trade names, trademarks and service marks not Ours and not Yours, without express written permission to do so.
XV.    COPYRIGHT ISSUES.
MyOwnEulogy.com is committed to protecting copyrights and expects Users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on or through the Service infringes Your copyright, You (or Your agent) may send Us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on our site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the material; (d) information that will allow Us to contact You, such as Your address, phone number, and, if available, an electronic mail address; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, Your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Us a counter-notice. These notices include: (a) a physical or electronic signature of the subscriber; (b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) the subscriber’s name, address, and phone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person. DMCA notices and counter-notices regarding the Service should be sent to:
ATTN: Copyright Division
MyOwnEulogy.com
Email:  legal@myowneulogy.com
Physical Address: 4451 Hwy H, Leasburg MO  65535

XVI.    RESERVED.

XVII.    TERM AND TERMINATION.
Subject to future use and re-initiating these Terms, The Terms will remain in effect until termination by You or MyOwnEulogy.com is completed.  Subject to your status as to whether You are a VIP Member, You may cancel the Registered Use of Your MyOwnEulogy.com account at any time by visiting your My Account page and changing Your membership settings, which termination will take effect upon MyOwnEulogy.com processing the request.  If You hold a VIP Annual Membership, Your termination of Your VIP Membership will take effect upon MyOwnEulogy.com processing the request.  We reserve the right to terminate, without advance notice or liability, Your Registered Use and/or VIP Membership if, in Our sole discretion, We determine that You have violated any of the Term’s provisions or applicable law; We may immediately deactivate or delete Your password and User name, and all related information and files associated with it, including all Submissions, and/or bar any further access to such information or files. If We terminate a VIP Membership, We will do  so with thirty (30) days prior notice, by e-mail, to the e-mail address You provide, or by U.S. Mail to Your last known address.  Upon termination of these Terms, Your right to access and/or use the Service will immediately cease. You agree that we shall not be liable to You or any third party for any termination of Your access to the Service or to any such information or files, and shall not be required to make such information or files available to You after any such termination. Except for the license to access and use the Service granted to You in these Terms, the rights and obligations of the parties as set forth herein will survive termination.
XVIII.    THIRD-PARTY WEBSITES, SOFTWARE AND SERVICES.
The Service may direct You, through advertisement or otherwise, to websites, software or third party services, owned or operated by third parties (the "Third Party Properties"). We have not reviewed all of the Third Party Properties to which You may be directed and We have no control over Third Party Properties including: (a) the content and operation of Third Party Properties or (b) the privacy or other practices of Third Party Properties. The fact that the Service directs You to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct You to Third Party Properties only as a convenience. You are responsible for the costs associated with Third Party Properties, including any applicable license fees and charges. Accordingly, We strongly encourage You to become familiar with the terms and conditions of use and practices of any Third Party Properties.
Other Web sites may provide links to the Service with or without Our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in Our sole discretion, to block links to the Service without prior notice.
XIX.    PROMOTIONS.
In addition to the terms and conditions of these Terms, any Contests made through the Service may be governed by specific rules that are separate from these Terms. By participating in Our Contest, You will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge You to review any specific rules applicable to Our Contest, which will be made available, and to review Our Privacy Policy which, in addition to these Terms, governs any information You submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
XX.    ACCESS BY MINORS.
We hereby notify You, although we do not endorse any good or service, that parental control protections, such as computer hardware, computer filtering devices, and computer software, are commercially available that may assist You in limiting access to material that is harmful to minors. Information regarding protective measures is available at the website OnGuard Online http://www.onguardonline.gov.
XXI.    INDEMNIFICATION.
To the extent permitted by applicable law, You agree to defend,  indemnify and hold MyOwnEulogy.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, arising from: (a) Your use of and access to the Service; (b) Your violation of any term of these Terms; (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Service.
XXII.    DISCLAIMER OF WARRANTIES.
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MYOWNEULOGY.COM AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MYOWNEULOGY.COM AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. CONSEQUENLY MYOWNEULOGY.COM WILL IN NO WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE MYOWNEULOGY.COM SERVICE.  AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM MYOWNEULOGY.COM SHALL CREATE ANY WARRANTY ON BEHALF OF MYOWNEULOGY.COM IN THIS REGARD.  YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
XXIII.    LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER MYOWNEULOGY.COM NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
XXIV.    POLICY FOR IDEA SUBMISSION.
Many individuals may want to submit ideas or suggestions for Our services.  These may be original ideas for independent services or additions to our current Service.  You hereby irrevocably assign any intellectual property rights in ideas and suggestions you may submit to MyOwnEulogy.com.  In the event that the foregoing assignment is held to be ineffective for any reason, Your idea and suggestion shall be considered an exclusive, transferable, sublicensable, and irrevocable license granted to MyOwnEulogy.com.  If You intend to retain any intellectual property rights in Your ideas and suggestions, including but not limited to patent, trade secrets, copyright, trademark, service mark; or any moral rights, please do not submit them to Us without Our prior written approval. You can inquire regarding such approval by sending a letter to MyOwnEulogy.com Attn: Suggestions, 4451 Hwy H, Leasburg MO  65535. If We are interested in pursuing any idea or suggestion of Yours, we will contact You. Please note that an additional legal agreement may be required by MyOwnEulogy.com in order to evaluate Your idea or suggestion.
XXV.    JURISDICTION OF MISSOURI.
The Service shall be deemed solely based in Missouri, USA.  It shall also be deemed a passive website that does not give rise to personal jurisdiction over MyOwnEulogy.com, either general or specific, in a jurisdiction other than Missouri.  Conflict of law principles shall not apply, but rather the substantive laws of the State of Missouri.  Any claim or dispute between You and MyOwnEulogy.com that arises in whole or in part from the Service shall be decide exclusively by a court of competent jurisdiction located in Crawford County, Missouri.  You waive any jurisdictional, venue or inconvenient forum objections to such courts.  The Service is controlled and operated by MyOwnEulogy.com from the United States, and is not intended to subject MyOwnEulogy.com to the laws or jurisdiction of any state, country or territory other than that of the United States. MyOwnEulogy.com does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in Our sole discretion.

XXVI.    MISCELLANEOUS.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between Us and You relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between Us and You with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by You except with Our prior written consent. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: legal@myowneulogy.com

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