Please read these Terms carefully. Access to, and use of My Life My Death products (“Products”), My Life My Death services (“Services”), and the My Life My Death APP https://MylifeMyDeath.com/ (“APP”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our APP, you are bound to these Terms and you indicate your continued acceptance of these Terms.
If you create an account in the APP, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and My Life My Death may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose My Life My Death to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify My Life My Death of any unauthorized uses of your information, your account or any other security breaches. My Life My Death will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Your access to, and all of your use of the APP, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and My Life My Death. When accessing or using the APP, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the APP, Products, and/or Services, and you agree not to use the APP, for any of the following:
In addition, if you operate an account, contribute to an account, post material to the APP, post links on the APP, or otherwise make material available by means of the APP (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file , a video file or computer software. By making Content available, you represent and warrant that:
If you delete Content, My Life My Death will use reasonable efforts to remove it from the APP and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. My Life My Death shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems. My Life My Death disclaims any liability for any harm or damages resulting from your access or use of the APP, Products, and/or Services, or access or use of non-My Life My Death APPs. My Life My Death has the right (though not the obligation) to (i) refuse or remove any Content that, in My Life My Death’s reasonable opinion, violates any My Life My Death policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the APP, Products, and/or Services, to any person for any reason, in My Life My Death’s sole discretion.
By purchasing Products and/or Services, you agree to pay My Life My Death subscription fees and any 1 time fee items/upgrades indicated for such Product or Service. Subscription Payments will be due as of the first day you sign up for a Product and/or Services, and will cover an annual or monthly period, as indicated when signing up.
Configurations and prices of the APP, Products, and/or Services are subject to change at any time, and My Life My Death shall at all times be entitled to modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to you during a subscription term, and shall only take effect after My Life My Death and you have agreed upon an extension, upgrade or renewal of the subscription term. You agree to any such changes if you do not object in writing to My Life My Death within seven (7) business days of receiving a notice of My Life My Death, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and you shall pay all taxes, duties, levies or fees, or other similar charges imposed on My Life My Death or yourself by any taxing authority (other than taxes imposed on My Life My Death’s income), related to your order, unless you have provided My Life My Death with an appropriate resale or exemption certificate for the delivery location, which is the location where the Products and/or Services are used or performed. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to My Life My Death of delivering the Products and/or Services, whereby and to such an extent My Life My Death is entitled to increase its prices accordingly and retroactively.
My Life My Death has not reviewed, and cannot review, all of the material, including computer software, posted to the APP, and cannot therefore be responsible for that material’s content, use or effects. By operating the APP, My Life My Death does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The APP may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The APP may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. My Life My Death disclaims any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the APP.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the APPs and webpages to which My Life My Death.com links, and that link to My Life My Death.com. My Life My Death does not have any control over those non-My Life My Death APPs and webpages, and is not responsible for their contents or their use. By linking to a non-My Life My Death APP or webpage, My Life My Death does not represent or imply that it endorses such APP or webpage.
As My Life My Death requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the APP violates your copyright, you are encouraged to notify My Life My Death. My Life My Death will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the APP of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information of MLMD: 10204 Bode St unit B, Plainfield IL 60585
In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of My Life My Death or others, My Life My Death may, in its discretion, terminate or deny access to and use of the APP, Products, and/or Services. In the case of such termination, My Life My Death will have no obligation to provide a refund of any amounts previously paid to My Life My Death to any person in respect of any such termination.
My Life My Death, the My Life My Death logo, and all other trademarks, service marks, graphics and logos used in connection with the APP, Products, and Services, are trademarks or registered trademarks of My Life My Death or My Life My Death’s licensors. Other trademarks, service marks, graphics and logos used in connection with the APP, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the APP grants you no right or license to reproduce or otherwise use any My Life My Death or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.
The configurations and specifications of the APP, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of My Life My Death. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the APP, Products and/or Services.
My Life My Death warrants to My Life My Death customers of paid products and/or services, provided that such customers have paid all fees due, and are not otherwise defaulting any obligations towards My Life My Death, an availability of the Products and/or Services (“uptime”) of ninety-eight percent (98%) per month. My Life My Death and its licensors make no warranties or representations whatsoever with respect to the APP, Products, and Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. We also do not warrant or represent that your access to or use of the APP, Products, and/or Services, or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the APP, Products, and/or Services, or any linked site is free of computer viruses or other harmful components. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Products or Services, or your access to, use of, or browsing of the APP, or your downloading or uploading of any Content from or to the APP. If you are dissatisfied with the APP, your sole remedy is to discontinue using the APP.
No advice, results or information, whether oral or written, obtained by you from My Life My Death, or through the APP, shall create any warranty not expressly made herein. My Life My Death does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and My Life My Death expressly disclaims any and all liability in connection with user content and any other content, materials or information available on or through the APP, Products, and/or Services, created or provided by users or other third parties.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the APP, Products, Services, and/or the Contents thereof, or of any hyperlinked APP even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by My Life My Death from you during the twelve (12) month period immediately prior to the date the damages first occurred.
You represent and warrant that your use of the APP, Products, and/or Services will be in accordance with any agreement between you and My Life My Death, the My Life My Death Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.
Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.
You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold My Life My Death harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.
Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.
My Life My Death will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control.
If you are located in or outside the United States and use or access the APP, Products, and/or Services from the United States, these Terms, the APP, Products, and/or Services and any and all agreements between you and My Life My Death shall be governed by and construed in accordance with the laws of the state of Nevada, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and My Life My Death shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be Las Vegas, Nevada. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.
Any cause of action against a party, regardless whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. My Life My Death may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the APP, Products, and/or Services.
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