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Terms of Service

Terms of Service

The term “Living Years” or “us” or “we” refers to the owner of the website, Living Years Pty Ltd ACN134 944 184. The term “you” refers to the user or viewer of our Website.

At Living Years our guiding principles are to:

Be easy to use for non-technical users;
Be respectful to the family and friends of the deceased; and
Facilitate communications between our users.

In keeping with our guiding principles, the use of this Website is subject to the following terms and conditions:

User of the Website

In registering with this Website you agree and accept that the Information and content you upload to a Lifebook will be visible to other users of this Website and Living Years will not be held liable for the privacy of this information (except for those sections that you select to keep as private for friends of the Lifebook).
You may not post, upload or transmit Content that causes offense to others including Content which is hateful, threatening, pornographic, or contains nudity or graphic or gratuitous violence.
You must ensure that all factual statements comprised in the Content are true and accurate and no misleading or deceptive information will be included in the Content.
You will not upload viruses or other malicious code.
You will not upload unauthorized commercial communications, such as spam, into a Lifebook.
You must not bully, intimidate, or harass any other Website user.
You may not use this Website to solicit or obtain personal information from others.
You must not advertise any product or service in a Lifebook.
You are solely responsible for the password established by you (unless you register with our OpenID option) which permits you to access certain parts of this Website and upload Content, and you are responsible for any use of the Website through such access, whether authorized or not.

Rights of Access

As a Living Years User you will be allowed access to the Website to establish Lifebooks for deceased persons and to allow memories of the deceased persons to be placed on those Lifebooks by you and other users.
You warrant that you have provided complete, accurate and current information about you when applying to become a Living Years User. You must maintain and update that information to ensure it remains current at all times.
On successful completion of registration your account will be automatically activated allowing you to login to Living Years and begin using the service.

Refund Policy

Refunds for purchase of credits for a Lifebook are at our sole discretion. Requests for cancellation of a Lifebook that has been paid for and refund of monies paid to purchase credits for the Lifebook must be made within 30 days of payment in order to be considered by us. Refund requests must be made in writing, and emailed to admin@livingyears.com.

User Generated Information and Content

Websites that feature user-generated content are prone to abuse and to minimize the risk of abuse the following apply:

Anonymous users cannot add or modify Content, as lack of anonymity is a strong de-motivator.
User accounts must be associated with a valid email address. We can identify and ban users who upload offensive content.
Users must pass a CAPTCHA test when registering. Bots and malicious software will be prevented from registering. (CAPTCHA stands for “Completely Automated Public Turing Test” to tell computers and humans Apart. It's one of those things where you're shown illegible words and you need to type them in.)
The Lifebook administrator must approve all modifications. Content is not visible on the Lifebook until it had been approved.
Friends of the Lifebook are pre-approved to make modifications. People who the Lifebook administrator trusts can add Content more easily.
Any user can mark any piece of Content as offensive:
- The offensive Content is immediately removed for that user
- The Lifebook administrator is immediately notified, and may choose to delete the offensive Content
- Site administrators can frequently audit Content that has been marked offensive, and take appropriate action
Users can easily delete Content they've created. Users who regret making an inappropriate comment can immediately revoke it.
Lifebook administrators can easily delete any Content on the Lifebook, keeping a clean house is a low-friction activity.
Site administrators can easily review all recently added Content as they keep tabs on what is being uploaded, and automate processes to detect terms of service violations.
Users can register a complaint and all complaints are treated with urgent priority and are swiftly responded to.
Website administrators can easily delete any Content anywhere on the Website.
Leverage YouTube to prevent offensive video content from being uploaded. Google has already implemented technologies and processes to screen uploaded video content.

Termination and Suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website, including any Lifebook, as well as this Website at any time. For example, if our server is involved in any attack or experiences a 'system outage' of any type access to the Website may be shut down or restricted for an unknown period of time while the problem is being investigated or fixed.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website and/or termination of a Lifebook. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
We reserve the right to reject any Content which we in our sole discretion consider offensive or inappropriate.

Links to other websites

From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.

Liability and Legal Matters

Subject to any responsibilities implied by law and which cannot be excluded, Living Years, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Website, to any material on linked websites, or to access or use of the Website by you, howsoever caused, whether in contract, negligence, statute or otherwise.
Your use of this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that all Content on any Lifebook created by you or to which you contribute is accurate, suitable and complete.
Living Years will backup all Content posted on the Website, however Living Years takes no responsibility or cannot be held liable for loss of any information or content.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the Content found or offered on the Website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The law applicable to the Website and to disputes arising out of the Website is the law of the State of Western Australia.

Copyright and Trademarks

Copyright in the Content which you upload for a Lifebook is retained by you. You grant to us a non-exclusive, transferable, royalty free, world wide license to use that Content until such time as you delete the Content from the Lifebook or the Lifebook is terminated.
All other copyright in Content displayed on this Website is owned or licensed to Living Years, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or these Terms of Service, no content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Living Years Pty Ltd. Trade marks used on this Website are owned by Living Years or third parties. You must not use any trademarks used on this Website without the consent of the trademark owner.

Fees

Charities and other businesses that are registered on our website do not pay any fees. The following only applies to the purchase of credits for Lifebooks.

All prices are in Australian dollars and are inclusive of goods and services tax.
We reserve the right to change the fees charged for any of our services at any time. If we introduce a new service, the fees for that service are those that are effective at the launch of the service, unless otherwise stated. The fees are payable as set out on the pricing information page.
Payment may be made by PayPal or credit card.
You are entitled to a 2 week free trial for every Lifebook that you establish. If you want the Lifebook to continue to be displayed after the trial then you must pay the fees to purchase credits for the Lifebook as set out on the pricing information page.

Privacy

We collect personal information about you when you create a Lifebook. We direct you to our privacy policy in relation to the use of that information.

Acceptance of these Terms of Service

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Service. Living Years may at any time vary the Terms of Service by publishing the varied Terms of Service on the Website. You accept that by doing this, Living Years has provided you with sufficient notice of the variation.

Terms of Service Definitions

In the terms of service the following expressions, unless the context requires otherwise, describe:

System outage: The website is not available
Registering: Signing up to this website by providing your personal information i.e. name, address.
Upload: Posting of content and information to the website
Content: Information and content in the form of text, graphics or any other media
Visible: Information or content that will been seen by other people who access the Website
Lifebook: Website is a page or number of pages on the website where memories of a deceased person are placed by you and other users;
Services: The Lifebook services that we offer to you from time to time using the website;
Use: Placing information on or accessing the website;
User: Any person who uses the website;
Website: The Living Years Online website through which the services are provided;