TERMS OF SERVICE
1. Our Services
Official World Cemetery Inc aka CemeteryofAngels, provides its services (described below) to you through its website and mobile applications (the "Platform") and related services (collectively, such services, including any new features and applications, and the Platform, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). For purposes of the following Terms of Service, Official World Cemetery Inc," "we," "us," "our," and other similar terms, shall refer to the party with whom you are contracting.
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. We will also endeavor to notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Official World Cemetery Inc. may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing the Disputes section shall be made as specified therein.
Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
The Services are offered as a platform to users of the Services, which may include Campaign Organizers and Donors (each defined herein), entrants to Promotions (defined below) and other registered and unregistered users of the Services (which may include users who simply "like" or "heart" Campaigns or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign.
Charitable Giving: You understand and acknowledge that Official World Cemetery Inc. is not a professional charitable organization, notwithstanding any affiliates that may qualify for 501(c)(3) status, and Campaigns are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Official World Cemetery Inc. permits Donors to contribute directly to certain charitable causes or organizations ("Charities") through the Platform. Any donation you make to a Charity through the Platform will be subject to a Services fee.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Official World Cemetery Inc. facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. Official World Cemetery Inc. is not a broker, agent, financial institution, creditor or insurer for any user. Official World Cemetery Inc. has no control over the conduct of, or any information provided by, a Campaign Organizer, a Charity or any other user, and Official World Cemetery Inc. hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Official World Cemetery Inc. through the Services are for informational purposes only, and Official World Cemetery Inc. does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, users or any products, services, information or content relating to the Services, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Official World Cemetery Inc. does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
All Donations are at your own risk. When you make a Donation to a Campaign or Charity, or otherwise through the Services, it is your responsibility to understand how your money will be used. Official World Cemetery Inc. is not responsible for any offers, promises, rewards or promotions made or offered by Charities, Campaigns or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction's applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Official World Cemetery Inc., and Official World Cemetery Inc. reserves the right to, provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
Your Registration Obligations:
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Official World Cemetery Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Official World Cemetery Inc. will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Official World Cemetery Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Official World Cemetery Inc will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you: Provide a personalized experience for you:
Your experience on OfficialWorldCemetery.com is unlike anyone else's: from the memories, time capsules, crowdfunding, ads, and other content you see in the website or our video platform to the Pages you favorite or donate to, other features you might use and search. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
Connect you with people and organizations you care about:
We help you find and connect with loved ones that have passed, and family that has connected through comments and sharing, people, groups, businesses, organizations, and others that matter to you across the features you use.
There are many ways to express yourself on OfficialWorldCemetery.com and to remember, share, and communicate with friends, family, and others about what matters to you.
Help you discover lost connections, content, products, and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on OfficialWorldCemetery.com . We also build a sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Official World Cemetery, Inc.
2. Our Data Policy and Your Privacy Choices
To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products. We also encourage you to review the privacy choices you have in your settings.
3. Your Commitments to Official Wolrd Cemetery Inc
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use OfficialWorldCemetery.com
When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
Use the same name that you use in everyday life.
Provide accurate information about yourself.
Create only one account (your own) and use your timeline for personal purposes.
Not share your password, give access to your OfficialWorldCemetery.com account to others, or transfer your account to anyone else (without our permission).
We try to make OfficialWorldCemetery.com broadly available to everyone, but you cannot use OfficialWorldCemetery.com if: You are under 13 years old (or the minimum legal age in your country to use our Products).
2. What you can share and do on OfficialWorldCemetery.com
We want people to use OfficialWorldCemetery.com to create digital footprints of loved ones that have passed away, create time capsules to share your own celebration of life, this feature to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
That violates these Terms, our Community Standards, and other terms and policies that apply to your use of OfficialWorldCemetery.com
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or violates someone else's rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: You own the content you create and share on OfficialWorldCemetery.com and the other OfficialWorldCemetery.com Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
Specifically, when you create a memory, a time capsule, or comment, share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on OfficialWorldCemetery.com , you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other OfficialWorldCemetery.com Products you use.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on OfficialWorldCemetery.com next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in or connected to a memory.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on OfficialWorldCemetery.com, we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.