These Terms of Service ("Terms") contain the legal terms and conditions that all the users and others who interact with eGrave agree to when they use or access the services provided by DA IT, Inc. These Terms governs our relationship with users and others who interact with eGrave.
By using our Service you agree to be bound by these Terms which contain provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out here below.
This Service is operated by DA IT, Inc., a company incorporated under the laws of New York, whose principal business address is 807 Kings Highway, 2nd floor, Brooklyn, NY 11223, is also referred to in these Terms as "we" and "us".
Purpose of the Service
We are building eGrave to make the world more open and to bring people together, as well as to give those who have lost someone close a place where they can always remember those they hold dear.
eGrave promotes openness and empathy by giving individuals greater power to share and honor the memory of their loved ones who are resting far from them. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish our Principles as the foundation of the rights and responsibilities of those within the eGrave Service.
Freedom to Share
People should have the freedom to share whatever information they want about their near, dear and pets, in any medium and any format, and have the right to upload the so-called “commemorative actions”.
Ownership and Control of Information
People should own their information. They should have the freedom to share it with anyone they want as well as to remove it from the eGrave Service. People should have the freedom to decide with whom they will share their information and to control how it is shared by creating a Private or Public eGrave.
Free Flow of Information
People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.
People should be able to use eGrave for free to create a eGrave, to grant rights to access and visits to others, and share information with them. Every Person should be able to use the eGrave Service regardless of his or her gender, race, political or religious affiliation.
The eGrave Service should transcend geographic and national boundaries and be available to everyone in the world.
The eGrave Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of DA IT, Inc. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of DA IT, Inc. You agree that DA IT, Inc. shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
We have a firm commitment to safeguarding your privacy. You provide to us the following information:
Information about yourself.
When you sign up for eGrave we ask you to provide:
- Name Title
- First Name
- Last Name
- Picture (avatar). Your picture (avatar) is optional and you will be able to add it to your profile later.
Information about the deceased .
When you create eGrave we ask you to provide:
- eGrave Access Type - you should choose Public or Private
- Your Relation to the Deceased – you should choose from drop down list
- Departed Name Title (optional)
- Departed First Name
- Departed Last Name
- Date of Birth
- Place of Birth
- Date of Death
- Place of Death
- Cause of Death
- Religion – you should choose from drop down list
- Additional text about the deceased
- Picture of the deceased
- Picture description
- Allow comm. actions to non-members? – You have an option to allow, or not.
- Allow non members to upload images and videos? – You have an option to allow, or not
You own the right to grant an access and visits to other people (your relatives, friends, etc.) to the eGrave you created as well as to allow them to make changes and upload new information to the page of eGrave you created. This can be done after a request to, and approval by you as a registered user of eGrave Service. In that case, all registered users/visitors of such an eGrave are equally responsible for its maintenance.
DA IT, Inc. is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form.
Registration and Account Security
To register as a user of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
eGrave users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on eGrave, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain.
- You will not use eGrave if you are under 18.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might question the security of your account.
When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify DA IT, Inc. immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to change your password for you if we believe that your password is no longer secure.
Rights and Responsibilities
The rights and responsibilities of the People that use eGrave Service should be consistent with these Terms.
All the users of eGrave Service have the ability to create two types of eGraves – Public (accessible and visible to everyone) and Private (accessible only to those who created it).
Private eGrave – accessible by or seen only to those with the required registration (“Initiator” - the user who created it), or by the users to which the Initiator has granted rights to access and visits. Private eGraves are not included in the search engine of the site. There is an option for more than one user to have rights equal to those of an Initiator for an existing eGrave. This can be done after a request to, and approval by the Initiator.
Public eGrave - accessible by all users of the site. It is included in the search engine of the site. It is not allowed to have more than one eGrave for the same deceased person. In order to ensure that, each user creating a new eGrave needs to search to make sure such an eGrave does not exist already. The search is to be done through Departed First Name, Departed Last Name, Tag, Date of Birth, Date of Death of the deceased.
eGrave for a celebrity person – such an eGrave can be created only with Private status. To make such an eGrave Public We must receive sufficient proof that the Initiator is a direct relative of the above celebrity. The proof has to be submitted to our agent via e-mail email@example.com. The approval for creation of an eGrave of a celebrity is to be given after the agent runs a check that the proof is correct. The check is done within a reasonable time after the agent receives the proof. The agent has the right to reject the creation of such an eGrave if he determines that the proof is insufficient or incorrect.
The users of eGrave Service have the ability to upload pictures, videos as well as to place candles, flowers, etc. from the so-called “commemorative area”. For using the latter services a payment is required.
Each user holds the responsibility for all and any of the information uploaded by him or her including names, date of birth and date of death for those whose eGraves are set up on this Site.
Responsibility for Your Images and Additional Information you upload
You are responsible for all of the images you upload, including the names, dates, personal messages, etc. You must either own all right, title and interest in to use the above mentioned information, and such images may not violate or infringe rights of others.
Support Registration / Process of Ageing
All the eGraves created in this Site are in the form of a photo frame. Each photo frame has a process of ageing and in order to have your eGrave in a good condition, you have to visit it as often as you can. There are four phases of ageing, depending on the frequency of visits by the users, as follows:
Phase 1: cracking of the picture frame if the eGrave has not been visited for 1 (one) week;
Phase 2: breaking of the picture frame if the eGrave has not been visited for 2 (two) weeks;
Phase 3: fading of the picture if the eGrave has not been visited for over 2 (two) weeks;
Phase 4: the picture disappears if the eGrave has not been visited for 1 (one) month.
Reporting Violations of these Terms
If you believe that there is incorrect information uploaded by any of the users as well as the user account has not been used in accordance with these Terms, please contact DA IT, Inc. agent for notice of claims of Service infringement, who can be reached at firstname.lastname@example.org. You must provide our agent with the following information, which DA IT, Inc. may then forward to the alleged infringer:
- identify the specific infringement of the Terms with enough details so that we may locate it on the Site;
- provide your address, telephone number and email address;
- provide a statement that the information you have provided to us is accurate.
Upon receiving your complaint, DA IT, Inc. may remove content that you believe infringes your rights or the above stated Terms. In addition, DA IT, Inc. may terminate the account of the member who appears to be infringing your rights or these Terms.
Protecting Other People Rights
When using the eGrave Service you are obliged, as follows:
- You will not post content or take any action on еGrave that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on eGrave without your authorisation if we believe that it violates these Terms, as well as there has been a complaint by other user of the site.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal such as to provide us with a proof to the contrary at email@example.com.
- If you repeatedly infringe other people's rights, we will disable your account when appropriate.
- We have the right to convert a Public account into a Private account, or to disable any account within 48 hours of determination of a breach in eGrave Terms or a complaint.
Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to eGrave for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of United States. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the United States and its competent courts.
Limitation of Liability
You understand and agree that the submission of any content to DA IT, Inc., and the upload of any images and information through the Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your content.
Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of:
(i) the use of or inability to use DA IT, Inc.’s site or the Service
(ii) any claim attributable to errors, omissions, or other inaccuracies in the site or the Service
(iii) unauthorized access to or alteration of your data, or
(iv) any other matter relating to the site, even if DA IT, Inc. has been advised of the possibility of such damages.
The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to eGrave;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to attempt to upload images by any method to another user’s account without permission;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to eGrave or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- to make images hosted by eGrave available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the eGrave you create using the Private eGrave Service or other Services provided by eGrave);
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
- provide any information to eGrave that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless DA IT, Inc., its and our subsidiaries, affiliated companies, joint-ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.
These Terms constitute the entire agreement between DA IT, Inc. and you with respect to your use of the Service. DA IT, Inc. failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us at e-mail: firstname.lastname@example.org.
Monitoring of Content
DA IT, Inc. does not control the content of users’ accounts and does not have any obligation to monitor such content for any purpose unless there has been a complaint. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Suspension and Termination of Access and Usership
You agree that DA IT, Inc. may at any time without notice:
- refuse to accept your application to become a user;
- move, change, or suspend any part of the Service; or
- refuse to allow registration, or terminate your account and delete any content stored in your account, or to convert a public account into a private account in its sole discretion if there is a complaint or it contains incorrect information, such as in case you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
No part of this Site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.