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Home: I Will Remember Site Terms and Conditions Today is Thursday December 14, 2017 (EST)
 
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› Our Terms and Conditions
 Below are the site terms and conditions for www.iwillremember.ca.


These Terms and Conditions of Service were last updated on: May 9th, 2007
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This document relates to the following primary and sub domains owned and operated by I Will Remember under:
  • iwillremember.ca
  • iwillremember.net
  • iwillremember.biz
  • iwillremember.info
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1. Introduction
This Agreement is a legal document which sets out your rights and obligations, in relation to this site and the services offered by I Will Remember. You must take the time to read and understand it. By using our website or registering for I Will Remember Services, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
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2. Types of membership
People who register for the I Will Remember Services become "Members". They must be at least 14 years of age. While membership itself is free, Online Memorials (or Memorial Sites) divides between those who have paid to be upgraded to full paid status or who are currently subscribed to a Free 60 Day Trial and then chose to enable extended memorial features (which we call "Full Memorials"), and those who do not ("Expired Memorials").
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i. Memorials
Standard Memorials (All Memorials) shall include the display/posting of:
  • deceased's full name;
  • deceased's place and date of birth;
  • deceased's place and date of death;
  • a photo of the deceased if one has been provided;
  • list of current (past) memorial sponsors; and
  • sponsorship assistance if memorial is determined not to be of “Full Memorial” status
Full Memorials include the display/posting of:
  • Standard Memorial information display/postings;
  • visitation and/or funeral service information;
  • contain an unlimited number of guestbook signatures, story posts, candles, memory posts, form members or site visitors;
  • contain photos contributed by a visiting member to a maximum of 10 visitor contribution photos for each memorial per to a overall maximum of 50 visitor contributed photos;
  • contain photos and albums to a maximum of 300 photos;
  • view previously posted photos and photo albums;
  • offer subscription to annual notifications which will arrive on the day prior to the anniversary of deceased's passing;
  • display all available published information, including but not limited to: service information, guestbook signatures, story posts, photos, photo comments, memory posts, candles, legacy, sponsorship information, donation information, updates and additions,  and other content flagged as published;
  • a numerical visitation count updated upon each visit to the memorials primary page;
  • third party link to send flower, gifts and other related offerings of condolence;
  • abuse reporting tools as outlined in section 12 of this agreement; and
  • display of all available sponsorship information;
Expired Memorials may include the display/posting of:
  • Standard Memorial information display/postings;
  • full numerical listing of contents associated within that memorial, including (but not limited to): guestbook signatures, photo albums, stories, candles, anniversary notification list, memories, and ‘MyList' saves;
  • If applicable, summary of sponsors to-date including a gross paid and gross outstanding balance;
  • numerical value of visitors to the memorial while the memorial was in 60 day Free Trial status;
  • the ability to restore / reactivate all contents associated with this memorial that were available at time of expiry once sponsorships have reached that of Full Memorials Status Fee; and
  • unsubscribe to annual anniversary notifications;
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ii. Membership
Membership rights for all members:
  • send messages to other members via external email granted receiving members email notification settings permits this action;
  • update or modify personal information, password, email address, greeting and email notification settings at any time;
  • create up to 15 memorials daily;
  • contribute up to 10 photos to every memorial visitor contribution photo album as long as album is less then 50 photos in size;
  • remove any personally contributed photos posted to the visitor contribution photo album;
  • remove any personally posted photo comments, posts, or stories;
  • delete or remove a memorial currently under their administration or ownership;
  • transfer ownership of any memorial to another member or visitor of which they are currently the administrator or owner;
  • send email notifications to known family; friends or acquaintances; and 
  • update, modify or delete any information contained within a Full Memorial or memorial currently observing a 60 day free trial of which they are currently the administrator or owner;
 
Membership rights for Affiliates:
  • all rights specified for all members;
  • create up to 100 memorials daily;
  • promote its company product and/or services with reasonable discretion and due diligence;
  • update, modify or delete its company specific information at any time; and
  • be released from all obligation legal, moral, or otherwise once a Memorial Site has transferred ownership from itself to another member;
We reserve the right to make any Standard Memorial feature a Full Memorial feature, or vice-versa at any time.
 
We are not an internet service provider, however, in order to use the I Will Remember Service, you must have internet access and all the software (and skills) required for email and web usage.
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3. Important Note: Full Memorial Sponsorship
If you decide sponsor a Full, Standard, or Expired Memorial, and therefore pay a pledge fee (or Pledge Payment), which maybe a part of, or full cost of the Full Memorial Status fee. You are then agreeing to donate the full amount of your Pledge Payment toward the selected Memorial regardless of the outcome of the future status of that memorial. As a result you do not have the right to cancel or request reimbursement for any Pledge Payment made toward the full sponsorship of the selected memorial. Please note that we reserve the right to change the amount of the fee for Full Memorials, the period which it covers, the services which it enables visitors to obtain and other factors from time to time. However, these changes, unless they are changed under Clause 8 or Clause 9 below, will not affect the then-current Full Memorial status.
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All payments made via PayPal are managed by PayPal. We do not send email notifications of completed payments via PayPal as the payment is not managed by our service. We will however attempt to send a receipt acknowledging each payment that is sent to us by PayPal.
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We will attempt to notify owners of Memorials that are currently observing a 60 day trial period 14 days before a memorial enters Expired Memorial status. Each notification will include the date of the pending status change, and the fee that is needed to avoid said status change.  
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4. Registration
You undertake to register for I Will Remember Services using accurate and current information about yourself - including your correct name, email address and any other requested details. It is the user's responsibility to maintain accurate information regarding their contact and location details.
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5. Privacy Policy
The privacy policy of I Will Remember forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on I Will Remember Services (including any which contain personal information) is, of course, accessible to internet users around the world. Our Privacy Policy, to which Members agree when registering for (or making any use of) I Will Remember Services, provides detailed provisions concerning our approach to privacy and data protection matters. You must take the time to read and understand it.
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6. I Will Remember corporate role and responsibility
You, whether you are a Member or visitor of I Will Remember Services, acknowledge that we are not and cannot be responsible for the behavior of Members - whether on I Will Remember Services or outside of it. We only provide a venue where I Will Remember Services may be accessed. In particular, you should be aware that I Will Remember does not pre-screen or monitor the material contributed by its Members or visitors.
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7. Additional services
I Will Remember or its affiliates may offer new or additional services through I Will Remember Services from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
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8. Operation of I Will Remember Services
I Will Remember reserves the right to withdraw or modify one or more aspects of the I Will Remember Services where we have serious legal or technical reasons to do so (including technical difficulties experienced by I Will Remember or on the Internet). There may be times when I Will Remember Services become unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change passwords or other information which facilitates access to I Will Remember Services.
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9. Misuse of I Will Remember Services
We reserve the right (a) to suspend or terminate any Member's access to I Will Remember Services, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on I Will Remember Services, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, I Will Remember Services without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through I Will Remember Services while your Membership account is logged on to I Will Remember Services, or through your email address(es).
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10. Relevance
I Will Remember Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
  • include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, or if you chose to do so you accept direct personal responsibility for how that information is used by any third parties and accept that I Will Remember is not, or an will not be held responsible for how said information is used;
  • include swear-words or terms that could be considered offensive in material posted on or transmitted through I Will Remember Services, including electronic messages, messages posted to Forums, and any other communication tools made available;
  • place material on, or otherwise use, I Will Remember for any business or commercial purpose unless given consent or Affiliate status; or
  • use your access to I Will Remember Services, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
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11. Fees
  1. You acknowledge that we are entitled to alter the amount or the basis of the calculation of Full Memorial fees from time to time; if we do so, we will ensure that the amount or basis is clearly stated at the time when you agree to take the relevant service or prior to any fees being taken for it.
  2. If you decide sponsor a Full, Standard, or Expired Memorial, and therefore pay a pledge fee (or Pledge Payment), which may be a part of, or full cost of the Full Memorial Status fee. You are then agreeing to donate the full amount of your Pledge Payment toward the selected Memorial regardless of the outcome of the future status of that memorial. For further information refer to section 3;
  3. Our online payment services are handled exclusively by PayPal. For full details regarding paying by PayPal please click here or view the PayPal User Agreement which does not form part of I Will Remember Terms of Service.
  4. We accept no liability for any loss of service, data or functionality of your I Will Remember memorial should your Full Memorial status expire or fail to renew for any reason.
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12. Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access I Will Remember, nor any activity or communication you make in connection with any the I Will Remember Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
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13. Alerting I Will Remember
If you see anything on I Will Remember Services which appears to breach this Agreement, then please contact us to inform us of it by using the built in "Report Abuse" functions, or by emailing us. We do not generally monitor material contributed by Members placed on the I Will Remember Service, and so we are reliant upon users to point out any which is in breach this Agreement.
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14. Withdrawal of material and termination of membership
Each Member acknowledges that we are entitled to withdraw any material on I Will Remember Services, whether this is based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the I Will Remember Service into disrepute. However, you acknowledge that we do not monitor material which appears on I Will Remember Services, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made through I Will Remember Services.
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You agree that I Will Remember, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if we believe that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, we may immediately deactivate or delete all memorials you are in current ownership of and all related information and files in those memorials and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
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15. Disclaimer and Release
I Will Remember has no control over, or responsibility for, the truth or accuracy of any material available on I Will Remember Services, whether provided by Members or others.
  • If any third party sites are linked to, or from, I Will Remember, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
  • You should exercise no lesser degree of caution in appraising what you see on I Will Remember Services than you do offline.
  • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal manor. Further, you should note that people may not necessarily be who they say they are.
  • Your use of I Will Remember Services is entirely at your own risk.
Accordingly, to the extent that the law permits, you release I Will Remember, its directors, contractors and employees, from all liability arising out of or in connection with the I Will Remember Service and the material included here by Members and other third parties.
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16. Intellectual Property and User Submissions
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to I Will Remember Services (including the material which is contributed by Members) are owned by I Will Remember. It is easy to copy material which appears on web-sites, but this does not make these actions legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the I Will Remember Service, or any of the material which is found on the I Will Remember Service unless properly licensed to do so by us.
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By submitting any material to the content of I Will Remember Services, you:
  • are representing that you are fully entitled to do so;
  • submissions are not pornographic, copyrighted, or in any way offensive in nature;
  • grant us a non-exclusive, royalty-free, irrevocable and perpetual license to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
  • authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, or have procured a waiver of moral rights from the copyright owner, as the case may be, of the material in question.
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17. Excluded loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). I Will Remember will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
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18. Maximum liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of I Will Remember under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) the cost of a Full Memorial fee payable at the time liability arises, or (b) an amount equal to the sums actually paid by you to us by way of Pledge Payment during the twelve month period prior to the date when liability arises, regardless of the cause or form of action.
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19. Non-excluded Liabilities
Nothing in this Agreement limits I Will Remember liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
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20. Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access I Will Remember Services.
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21. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of I Will Remember assign or dispose of this Agreement.
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22. Entire Agreement
This Agreement includes our privacy policy. Together they are intended to contain the whole of the agreement between us and you concerning I Will Remember Services and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
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23. Changes to this Agreement
I Will Remember reserves the right to change this Agreement from time to time, and post the new version on I Will Remember Services. When we do so, the new version of these terms and conditions will govern I Will Remember Services:
  • commencing 5 days after the date of posting (or such later date as I Will Remember indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use I Will Remember Services; or
  • immediately upon the date of posting (or such later date as I Will Remember indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of I Will Remember's addresses or email addresses referred to in this Agreement.
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24. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
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25. Law
This Agreement shall be governed by and construed in accordance with the laws of Canada.
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26. Contact
You can contact us by using our online contact form, located here or by mail to:
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I Will Remember
2942 Finch Ave. East
PO Box 87167
Toronto, Ontario
Canada
M1W 3Z2
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Or contact us by telephone during normal office hours of 9am to 5pm EST Monday to Friday at:
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+(1) 647 722 3415
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We will endeavor to respond to all email enquires within 24 hours.

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