Disclaimer Notice & Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
1. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your", "User", "Account Owner" or "Subscriber" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company, LaterTalk.com and/or Legacy Media LLC, and each of their successors and/or assigns. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process and use of this website or application in the most appropriate manner, for the express purpose of meeting the Client or Subscriber's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing New York law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. The information contained in this website is for entertainment and legacy media ("the ability for decedents to communicate in a spontaneous and unique manner with survivors â whether heirs, legatees or friends") purposes only and LaterTalk.com makes no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability, legality for surrogate court or administration purposes or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will LaterTalk.com be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Every effort is made to keep LaterTalk.com up and running. However, LaterTalk.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable.
We cannot be and are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material in the event of a terminated account (an account which has either been terminated by subscriber or an account which has not been kept current with respect to monthly or annual charges after being given prompt and reasonable notice). We are not and shall be under no obligation to pay to you or any user any compensation for any Submitted Materials, or to respond to any of your or any other user's Submitted Materials in response to damages for loss of use, loss of data, emotional damages, physical damages or any foreseeable claims of damages which are unique to your own use of the site or reliance on the data delivered via this site. LaterTalk.com and Legacy Media LLC, as well as its successors and/or assigns are hereby held harmless from any such claims that may relate to a user's interaction with messaging, legacies, media content or other interaction with the services provided hereunder. By creating an account, user, account owner and subscriber/survivor understand these conditions.
7. These terms and conditions form part of the Agreement between the Client and ourselves. By accessing this website and/or undertaking of the Agreement you are confirming your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Termination of Agreements and Refunds Policy
8. Both the Client and LaterTalk.com have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment with respect of the provision of unused Services shall be retained by LaterTalk.com for administrative and reprogramming fees whether for 1 day or 364 days during the billing cycle. Subscriber/Owner should take all steps to secure their data between the time of cancellation and the expiration of the billing cycle as such data will only be maintained for 12 months after final cancellation.
Our Duty to Subscriber
Our aggregate liability for any and all loss or damage suffered by you as a result of your access to and use of the Service and/or any content from the Service, which is not covered by the above limitations and exclusions (or in the event that the above limitations and exclusions are not permitted by law), and after trial, verdict or settlement, is limited to US$15.00 per subscriber.
By accepting these terms, conditions and disclaimer, subscriber, on behalf of themselves, their heirs, successors and assigns, hereby acknowledges the limitation of liability set forth above and consents to the limitations of liability and damages. By accepting this provision and the terms and conditions in total, subscriber consents to be bound by this limitation of damages as it relates to his/her use of the service, application and website and the foreseeable access of subscriber's content in the future based on the intended use of this site.
11. We use IP addresses to interpret trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from this Website
13. We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. Although LaterTalk.com may recommend other Internet sites or businesses, we accept no responsibility for anything which may or may not occur through any dealings you have with those other sites. It is your responsibility to ensure that all businesses you deal with have a good reputation and will honor their word and promises. Links from Third Party Websites
14. You may be able to link from the Service to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be causes by or in connection with the use of or reliance on any content, goods or services available on or through a Linked Site. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. LaterTalk.com and Legacy Media LLC disclaims any liability for links (i) from another web site to this Site and (ii) to another web site from this Site. LaterTalk.com and Legacy Media LLC cannot guarantee the standards of any web site to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with any law, including without limitation copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
16. You warrant and agree that, while using the Service and the various services and features offered on or through the Service, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Service's content, materials or services, (iii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iv) use the Service or the services made available on or through the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (v) use the Service or the Service's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (vi) use the Service or the Service's features or services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service or the Service's features and services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service or any of its features or services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service.
17. You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Service or any service or feature made available on or through the Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Service or the Service's features or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
18. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Service or on content available through the Service may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on or through the Service or any of its features or services , if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without our written permission or the written permission of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on or through the Service or any of its features or services is strictly prohibited.
19. Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website. The information contained on this Site are being used by the prior consent of respective owner and/or believed to be public domain. LaterTalk.com assumes that images and information posted/submitted by site users and material contained in reprinted articles and press releases actually belongs to the submitting user(s) and/or author(s), and that LaterTalk.com has permission to publish the material. This Company's logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked. If you believe material on this site has been copied or distributed in a way that constitutes copyright infringement, or your intellectual property rights have been violated, contact us and the material will be promptly removed or sourced as you wish. Please be as detailed as possible when emailing us, as to the material in question, the reasons why copyright has been violated, etc. Any copyright matter will be resolved immediately. It is our policy to make every effort to respect the copyrights of outside parties. It is assumed that any pictures, video, audio and other media content downloaded to this site are transferred to and maintained by LaterTalk.com with the express permission of the account owner. Any such media content will only be distributed and published in accordance with the terms, conditions, dates and schedule as selected by the account owner. In the event any media content is not intended by the subscriber to be maintained by LaterTalk.com, said content should be deleted and erased from the subscriber's account immediately.
23. Any questions, suggestions, inquiries or other communications regarding LaterTalk.com, its purpose, software platform or legal matters may be directed to our "Contact Us" tab on the LaterTalk.com homepage. For customer assistance, please contact: firstname.lastname@example.org The website and name LaterTalk.com are registered trademarks of Legacy Media, LLC, a New York State Limited Liability Company duly registered in the State of New York.
25. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
26. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
LaterTalk.com and Legacy Media, LLC 2014