Terms of Use of Shiva.com, LLC (“Shiva,” “Us,” “Our” or “We”) and Our Services

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE ("Terms of Use"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

This Agreement governs your use of our web site (the “site”) and all content and services available via the site. If you do not agree with the Terms of Use of this Agreement, you are not granted permission to access or otherwise use the site.

Acceptance of Terms of Use. The Terms of Use Agreement ("Agreement"), states the Terms of Use under which you may use the site and all Content (as defined below) and Services (as defined below) available therein. Please read this Agreement carefully. This site contains various information in the form of data, text, graphics, news, reports, and other materials as well as third party content, (collectively, the "Content"). By browsing this site, and/or accessing and using the services ("Services") available on this site you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

We reserve the right to amend this Agreement at any time and from time to time. When we post changes to this Agreement, we will revise the "last updated" date at the bottom of this Agreement. If there are material changes to the Agreement, we will notify you of any such changes by posting a message on the site. We encourage you to periodically review this Agreement to be informed of the Terms of Use applicable to your use of the site. 

You authorize Shiva to provide your information to a number of Service Providers, including, without limitation, delicatessens and bakeries (each, a "Service Provider" and collectively, the "Service Providers"), as decided by Shiva. You understand that Service Providers may keep any form you submit or information you provide whether or not you choose to use them for your related service. Shiva is not a Service Provider. Shiva does not endorse or recommend the products of any particular Service Provider. The Service Provider is solely responsible for its services to you, and you agree that Shiva shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Each Service Provider has represented to Shiva that it maintains all legally required insurances, as applicable for its business type.  Although Shiva conducts a high level of due diligence before working with or referring any Service Provider, Shiva makes no representations or guarantees whatsoever with respect to the insurance maintained by the Service Providers.  

Intellectual Property Rights in the Site. You acknowledge that this site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Shiva or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may not market or remarket, or assist any third party in marketing or remarking, the Content, the site or any Services without SHIVA’s prior written permission in each instance. 

Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us through the site, you agree to be bound by the Terms of Use set forth in this paragraph. If you do not agree with these Terms of Use, you should not provide any Unsolicited Information to the site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Links to Other Web Sites. This site may periodically provide links to third party websites ("Third-Party Sites") as well as other websites operated by us ("Other Company Sites"). This Agreement governs only this site and not any Third Party Sites or Other Company Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites or Other Company Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites or Other Company Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this site with any other website without our prior written permission.

Advertisements on this Site. Shiva, in its sole discretion, may post the advertisements of third parties on the site. The display of advertisements on the site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Shiva. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this site.

Security and Editing of the Site. ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. SHIVA RESERVES THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU, ALONG WITH REMOVE AND SUSPEND ACCOUNTS FOR ANY REASON WHATSOEVER. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE. SHIVA WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION.  

Privacy. We believe that your privacy is very important and have designed a Privacy Policy to make important disclosures about how you can use Shiva and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Sharing Your Content and Information. When you publish content or information, that means that you are allowing everyone, including people off of Shiva, to access and use that information, and to associate it with your loved one (i.e., your loved ones name, date of birth, etc.).

One of our priorities with Shiva and our affiliated sites is to provide our client's with a platform to share, communicate, honor and commemorate your loved ones. We also wish to (1) avoid any problem with third party copyright, (2) ensure we can fulfill any promises we make by being around so that we can service your account for the foreseeable future, (3) generally ensure that the site keeps to its purpose of providing an online platform to honor and commemorate its customers loved ones and, of course, (4) prevent any potential abuses of our system.

Registration and Subscription Terms. You are not required to register as a Registered User to browse in public areas ("Public Areas") of the site. In order to access Registered User-only portions of the site and/or use the Services, registration is required. During the registration process for this Site, you will select a unique sign-in name ("Username") and a password ("Password"). Each Username and corresponding Password can only be used by one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the site using such Sign-In Name and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password or Username at any time and for any reason.

Registered Users will have the right to (i) create accounts on the site containing information relating to friends and family member(s) (each, a "Family Database"), (ii) provide Personal Data to the Family Database, (iii) use and modify Personal Data in the Family Database, and (iv) authorize certain third parties to provide, access, use and modify the Personal Data in the Family Database. 

For Services offered by Shiva on a subscription basis, each subscription will renew automatically for additional terms of equal length unless you notify us that you desire to terminate the subscription at least thirty (30) days prior to the expiration date of your then current subscription. If we do not receive a timely written notice of termination, then the Services shall renew for an additional term of equal length. All subscription charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. We reserve the right to modify or terminate subscription plans, change prices, or institute new charges for any of the Services at any time. In the event of any such modification or termination, Shiva will use commercially reasonable efforts to notify Registered User(s) via the email address provided to Shiva upon registration. You are responsible for providing a valid credit card number at the time you register as a Registered User. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Shiva of such charges. You agree that Shiva may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription to the Services.  

Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this site and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to admin@shiva.com, or via hard copy mail directed to: 1430 South Dixie Highway, Suite 317, Coral Gables, FL 33146. Your access to the site will be terminated within 3 business days of our receipt of your notice of termination.

Electronic Communications and Contracting. This site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Shiva Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of Florida. Except for proceedings commenced by Shiva to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Florida. This Agreement contains the entire agreement of the parties concerning this site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Shiva.

Please direct any questions or comments regarding this Site, including any reports of non-functioning links, should sent to us via email at  admin@shiva.com or via U.S. mail to 1430 South Dixie Highway, Suite 317, Coral Gables, Florida, 33146. We endeavor to answer each email within 2 business days of receipt.   

Protection of Other Individual’s Rights. Shiva respects the rights of other individuals and requires that you do as well. To protect others we require that you: (1) not post content or take any action on Shiva that infringes or violates someone’s wishes, rights or otherwise violates the law. As such, we can remove any content or information you place on Shiva if we believe that it violates this statement.   

With respect to our disclaimers, of course, we cannot and should not be responsible for misuse, abuse or misappropriation of our services, including, services of related sites, with regard to plaque creation and memory page management, along with possible false miscalculation and failed notices of annual reminders. Much of the information and settings are created by you and therefore it is up to you to confirm and decide how to initiate the reminder service and you agree to bear any and all risk and responsibility for such initiation.

Further, by becoming a Registered User with Shiva or its affiliates, you agree to the following:

(1) Sorting, modifying, updating, editing and/or a periodic review of the contents of your submissions, communications and postings, in the exclusive effort to ensure accuracy and readability of information you submit and that the services are not being abused or used for any illegal or inappropriate purposes as defined under any applicable laws.

(2) You will not submit, use, paste, or upload, download, or cut-and-past copyright protected works for which you do not at least have a license to use such works, and you assume full responsibility for any copyright violations for your unauthorized use of such works.

(3) Ownership in your copyright*, to the extent it is under your control, or rights under a license, to the extent assignable, are hereby assigned to Shiva and you agree that ownership in any works you create or submit to or publish on this site, licenses to use such works, or suggestions for improvement to the site or our services which you make to us in the future are automatically assigned to, or where not assignable, sublicensed to Shiva.

(4) The decision not to publish or to remove your plaque, memory page in whole or part, even privately, is the sole discretion of Shiva, for which Shiva need provide no explanations. If you attempt to post material which, in Shiva’s view, violates the norms of common decency or are even marginally risqué, you now give Shiva the right to edit your submission, refuse to publish such information, delete such information, or unpublish such information, and/or terminate your account and, to compensate Shiva for their efforts of ensuring appropriate content for other clients and visitors, you give Shiva the right to retain any fees you’ve paid. If Shiva deems content on your memory page or other information inappropriate for the site or sites on which you wish to publish or make your plaque or memory page available, but which is not otherwise indecent, you grant Shiva the right to modify the published sites you choose, publishing only on those which in Shiva’s sole judgment are appropriate for such content. The goal of this effort is to ensure that those who visit Shiva’s family of memorial web sites (e.g., dedicated to various faiths, general memorials and affiliate sites) will be pleased with the content they find and will not be offended by such content, a visitor to NationalMemorialWall.com finding content one would find appropriate to any website, a visitor to NationalJewishMemorialWall.com finding content appropriate to a Jewish website, and, likewise, a visitor to the National Memorial Wall finding things one would expect to find in a main stream, generically religious, theistic website which promotes honor and commemoration of a loved one. You agree that any of the public plaques and memory pages you create may be displayed or republished on appropriate affiliate sites.

Upon becoming a Registered User and continue to subscribe to the services as required, Shiva grants you a royalty-free lifetime license during the subscription period to modify, delete or otherwise alter works which you have assigned to us and/or do assign to us in the future. If you wish to permanently remove your works from our site, you may request that copyright ownership in these works be re-transferred to you.

While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in reminders, memory pages or communications. Although Shiva will attempt to take reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.

Disclaimer. You expressly understand and agree that: your use of and reliance upon any and all of Shiva, services and/or content is at your sole risk and is made available on an “as is” and “as available basis. Shiva makes no express or implied representations, warranties, or guarantees with regards to the appropriateness, accuracy, sufficiency, correctness, value, completeness, or timeliness of Shiva services and/or content. Shiva expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.   

Indemnification. You agree to indemnify and hold Shiva, it’s third-party vendors, affiliates, directors, officers and employees harmless from any and all claims and demands, including, but not limited to reasonable attorney’s fees, made by any third-party due to or arising out of any content submitted, posted, or otherwise provided by you to Shiva and/or its third party advertisers and any breach by you or your affiliates, employees and representatives of these Terms of Use.

LIMITATION OF LIABILITY. IN NO EVENT SHALL SHIVA BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS, SOFTWARE AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF SHIVA, AND ALL OTHER USE OF SHIVA, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SHIVA, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SHIVA.

Children's Privacy. We will never knowingly request personally identifiable information from anyone under the age of 13, to remain consistent with the Children's Online Privacy Protection Act of 1998 (COPPA).

You agree not to use our services for any unlawful purpose, or for any purpose intended to harm or in preparation of harming any living or deceased person. When you indicate your desire to become a registered user, you are stating that you have read and understood these Terms of Use as stated above and that you will read these terms again from time to time when we announce via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should such a dispute arise.

LAST UPDATED: May 30, 2012