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TERMS OF SERVICE
Welcome to Till120.com located at http://www.till120.com
("TILL120.COM"). This website is owned and operated by Till120.com,
Inc. ("Till120"). By using TILL120.COM and its services you are
agreeing to be bound by these Terms of Service.
Please read these Terms of Service carefully
before registering or using TILL120.COM. If you do not accept these Terms of
Service, then you may not use TILL120.COM. These Terms of Service are subject
to change by TILL120 at any time, effective when posted on TILL120.COM. Your
continued use after such notice will constitute acceptance by you of such
changes.
Overview. TILL120.COM is a
premier web site where you can turn in a most difficult time for aid in all
areas of funeral services and the follow up shiva period, whether it is to post
an expression of sympathy; provide information about mourning schedules, prayer
times, memorial, mishnayos and kaddish services; locate a floral arrangement,
condolence basket, food platter, or appropriate sympathy cards.
Since TILL120.COM is an interactive service and community provided to enable
Till120, its customers and other parties to engage in open and spontaneous
dialog, much of the content on TILL120.COM is provided by third parties who are
not under the control of Till120, and Till120 does not review all information
posted on TILL120.COM. You agree that your use of information available on
TILL120.COM is at your own risk and that Till120 makes no guarantees that any
third party information or content is accurate or complete.
Use of Till120.com. Other than
in the Classified Section, you may use TILL120.COM solely for personal and
non-commercial purposes. Notwithstanding anything to the contrary, your use is
always subject to these Terms of Service, all applicable laws, rules and regulations
and any agreements or terms with third parties to which you are subject.
Joining the Community. You may
use TILL120.COM without signing in, but in order to take advantage of some
aspects of TILL120.COM, you will need to register for your own account. Your
account is for your sole, personal use, you may not authorize others to use
your account, and you may not assign or otherwise transfer your account to any
other person or entity. All registration information about you must be
truthful, and you may not use any aliases or other means to mask your true
identity. You are responsible for the security of your password and will be
solely liable for any use or unauthorized use under such password.
Other Till120 Products and Services. TILL120.COM
is not intended as a substitute for any other agreements you may have with
Till120 or any manuals or other official documentation provided by Till120 to
you, unless we expressly state otherwise. You agree to use the information
available on TILL120.COM with this in mind and to consult official
documentation for any substantive issues.
Acceptable Use Policy. TILL120.COM
provides you with an opportunity to interact with others and share your
thoughts, information, downloads and materials. Till120 expects all of its
users to be respectful of other people. If you notice any violation of this
Acceptable Use Policy or other unacceptable behavior by any user, you should
report such activity to Till120 at admin@Till120.com.
You are solely responsible for the content, information and other materials
that you post on TILL120.COM or transmit to other community users
("Content") and agree that you will not hold Till120 responsible or
liable for any Content from other users that you access on TILL120.COM.
We believe it is our commitment and duty to present respectful, truthful and
accurate information. Categories of prohibited Content below are merely
examples and are not intended to be exhaustive. Without limitation, you agree
that you will not post or transmit to other users anything that contains
Content that:
" is inaccurate, false or misleading in any way;
" is defamatory, abusive, obscene, profane or offensive;
" infringes or violates another party's intellectual property rights (such
as documents, downloads or other materials for which you do not have written
authority from the owner of such materials to post on TILL120.COM);
" violates any party's right of publicity or right of privacy (You should
not include any other person's personal information in your Content unless you
have that person's permission);
" is threatening, harassing or that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
" is illegal or promotes any illegal activities;
" constitutes or contains any form of advertising or solicitation, or is
otherwise commercial in nature if posted in areas of TILL120.COM which are not
designated for such purposes or emailed to persons who have not indicated in
writing explicit consent to receive such Content;
" contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or
" contains any advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation.
You may not include in your member profile or Content any telephone numbers,
street addresses, last names, email addresses, employment information, or any
other non-public information of any third party unless you have explicit
written consent from such third party to do so.
You may not use spiders, robots, data mining techniques or other automated
devices or programs to catalog, download or otherwise reproduce, store or
distribute content available on TILL120.COM. Further, you may not use any such
automated means to manipulate TILL120.COM or attempt to exceed the limited
authorization and access granted to you under these Terms of Service. You may
not resell use of, or access to, TILL120.COM to any third party.
Classifieds. TILL120.COM also
provides a classifieds listing services (the "Classifieds"), for
which a fee is charged per posting. Each posting is considered Content and is
subject to all provisions of these Terms of Service and all applicable laws,
rules and regulations. All fees will be non-refundable in the event that
Content is removed from the Classifieds for violating these Terms of Service or
applicable laws, rules or regulations.
No Content Monitoring. Till120
is under no obligation to screen or monitor Content, but may review Content
from time to time at its sole discretion to review compliance with this
Acceptable Use Policy. Till120 will make all determinations as to what Content
is appropriate in its sole discretion. We may include, edit or remove any
Content at any time without notice.
You understand that when using TILL120.COM, you will be exposed to Content from
a variety of sources, and that Till120 is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such
Content. You further understand and acknowledge that you may be exposed to
Content that is inaccurate, offensive, indecent, or objectionable. If you do so
object, you should not use TILL120.COM.
Your License to Till120. You
hereby grant Till120 a perpetual license to use, redact, republish, modify,
copy, create derivative works, perform and distribute your Content including
any intellectual property contained therein, in any medium now known or
hereinafter developed without payment or compensation to you and without
seeking any further approval from you. You grant Till120 the right to use your
name and screen name, if you have publicly identified yourself with such
Content.
Termination of Access. In
addition to any right or remedy that may be available to us under these Terms
of Service or applicable law, we may suspend, limit or terminate your account,
or all or a portion of your access to TILL120.COM, at any time with or without
notice and with or without cause. In addition, we may refer any information on
illegal activities, including your identity, to the proper authorities.
Privacy: The privacy of your
personally identifiable information is very important to us. For more
information on what information we collect and how we use such information,
please read our Privacy Policy.
Links. TILL120.COM may contain
links to other web sites not maintained by us. We encourage you to be aware
when you leave TILL120.COM and to read the terms and conditions and privacy
statements of each and every web site that you visit. We are not responsible
for the practices or the content of such other web sites or services. Despite
any links that might exist on TILL120.COM, we do not endorse such third
parties.
Our Proprietary Rights. Till120
or its licensors are the exclusive owners of all copy, software, graphics,
designs and all copyrights, trademarks and other intellectual property or proprietary
rights contained on or used in connection with TILL120.COM. Except as set forth
herein, you agree not to copy, distribute, modify or make derivative works of
any materials without the prior written consent of the owner of such materials.
All rights not granted under these Terms of Service are reserved by Till120.
Disclaimer Warranties.
TILL120.COM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH
TILL120.COM, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON TILL120.COM. FURTHER, TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN TILL120.COM OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT TILL120.COM OR THE SERVER THAT MAKES IT AVAILABLE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE
OF TILL120.COM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE
UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER
CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF
COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS
HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found
to be invalid or unenforceable for any reason or if we are otherwise found to
be liable to you in any manner, then our aggregate liability for all claims
under such circumstances for liabilities, shall not exceed five dollars (USD
$5).
Indemnity. You agree to defend,
indemnify and hold harmless Till120, its officers, directors, employees,
business partners 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: (i) any breach by you of any of
these Terms of Service, (ii) your Content, (iii) your use of materials or
features available on TILL120.COM (except to the extent a claim is based upon
infringement of a third party right by materials created by Till120) or (iv) a violation
by you of applicable law or any agreement or terms with a third party to which
you are subject.
Governing Law. The laws of the
state of New York shall govern these Terms of Service. You hereby expressly
consent to the exclusive jurisdiction and venue in the courts located in New
York County, New York, for all matters arising in connection with these Terms
of Service and/or your access or use of TILL120.COM.
Any claims asserted by you in connection with TILL120.COM must be asserted in
writing to Till120 within one (1) year of the date such claim first arose, or
such claim is forever waived by you. Each claim shall be adjudicated
individually, and you agree not to combine your claim with the claim of any
third party.
Digital Millennium Copyright Act
("DMCA") Notice. Materials may be made available via
TILL120.COM by third parties not within our control. We are under no obligation
to, and do not, scan content used in connection with TILL120.COM for the
inclusion of illegal or impermissible content. However, we respect the
copyright interests of others. It is our policy not to permit materials known
by us to infringe another party's copyright to remain on TILL120.COM.
If you believe any materials on TILL120.COM infringes a copyright, you should provide
us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material;
(iv) Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Till120, Inc.
Attn: TILL120.COM DMCA Designated Agent
88 Washington Ave, Suite 201
Cedarhurst, NY 11516
Or to:
admin@Till120.com
It is our policy to terminate relationships regarding content with third
parties who repeatedly infringe the copyrights of others.
Severability. If any part of
these Terms of Service shall be held or declared to be invalid or unenforceable
for any reason by any court of competent jurisdiction, such provision shall be
ineffective but shall not affect any other part of these Terms of Service.
Waiver; Remedies. The failure
by us to partially or fully exercise any rights or the waiver of any breach of
these Terms of Service by you, shall not prevent a subsequent exercise of such
right by us or be deemed a waiver by us of any subsequent breach by you of the
same or any other term of these Terms of Service. Our rights and remedies under
these Terms of Service shall be cumulative, and the exercise of any such right
or remedy shall not limit our right to exercise any other right or remedy.
Contact Information. Should you
have any questions you may contact us as follows:
By email:
admin@Till120.com
By mail:
Till120, Inc.
Attn: TILL120.COM
88 Washington Ave
Cedarhurst, NY 11516
Terms of Service last updated on: 6/17/2008
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