1 |
Introduction |
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1.1 |
Welcome to Lasting Post, provided by Lasting Post Ltd (“we”, “us”, “our”). Access to and use of this website (“Lasting Post”) is provided by us on the basis of a number of important terms and conditions, which are set out in full below. |
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1.2 |
You should carefully read these terms and conditions (“terms”). When you use Lasting Post you will be legally bound by these terms, which will take effect from your first use of Lasting Post. If you do not agree to be legally bound by these terms, then you should not access or use Lasting Post. |
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1.3 |
These terms apply generally to the use of Lasting Post. Any facility (“Message Posting Facility”) that we make accessible to you through Lasting Post, enabling you to post messages, announcements, remembrances, obituaries or other thoughts, information, material or content (e.g. in the sections called “Announcements” and “Everlasting Post”) (“Contribution”), may have additional special terms attached. You will need to read and agree to be legally bound by those special terms before you post a Contribution or use those sections. If you do not agree to be legally bound by those special terms then you will not be able to post a Contribution. |
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1.4 |
Lasting Post is intended for use by residents of the United Kingdom only. Lasting Post is not intended for distribution to, or use by, any person in a country where that distribution or use would be contrary to local laws or regulations. |
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2 |
Changes to Terms |
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2.1 |
We are continually seeking to update and improve Lasting Post. As a result, we may make changes to Lasting Post, including these terms, at any time. You will need to review these terms regularly so that you are aware of any changes we have made. You will be legally bound by the updated or amended terms from the first time that you use Lasting Post after we post the changes on-line. |
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3 |
Lasting Post Content |
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3.1 |
You may copy, download, adapt or print off copies of the materials, information, data and other content included on Lasting Post (“Lasting Post content”) but only for your personal, non-commercial use and information. However, you must retain any notices contained in Lasting Post content regarding the ownership of rights in that content and comply with your other obligations under these terms. You may not use Lasting Post content for commercial purposes without our prior written permission. |
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3.2 |
The rights in images, trade marks, trade names and logos included on Lasting Post are owned by us and our third party suppliers and contributors. All rights are reserved and acknowledged. You may not use these trade marks, trade names and logos in any way without our prior written permission. |
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4 |
Information |
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4.1 |
Information which we provide through Lasting Post is in outline for information or educational purposes only. The information is not a substitute for the professional judgment of a solicitor, financial or tax advisor or healthcare professional. We cannot guarantee that information provided by Lasting Post will meet your individual needs, as this will very much depend on your individual circumstances. You should therefore use the information as a starting point for your enquiries, not rely on it. |
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4.2 |
If you have any concerns about wills or the legal aspects of death or funeral arrangements then we recommend that you consult a solicitor. The Law Society, Law Society of Scotland or Law Society of Northern Ireland can help you find a solicitor in your area. |
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4.3 |
If you have concerns about tax issues or financial planning then we recommend that you consult a financial advisor. |
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4.4 |
Lasting Post does not give medical advice, nor does Lasting Post provide counselling or health services. If you are suffering from grief then you may wish to consult your doctor, who may also be able to recommend a bereavement counsellor. |
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5 |
Third Party Web-Site |
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5.1 |
We do not monitor the content of third party web-sites and any link provided on Lasting Post is solely for your convenience. We cannot therefore accept any responsibility for any third party web-site. You are responsible for checking and complying with the terms and privacy policies applicable to your use of any third party web-site. Some links may be to web-sites which also offer commercial services such as online purchases. |
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6 |
Responsibility |
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6.1 |
The extent of our responsibility to you has been determined in the context of the following:
(a) |
access to Lasting Post is provided to you free of charge; |
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(b) |
it is your responsibility to determine the suitability of any Lasting Post content for any particular purpose to which you wish to put it; |
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(c) |
Lasting Post does not give instructions and you are responsible for any action or decision you take or do not take as a result of Lasting Post content; |
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(d) |
it is your responsibility to ensure that your equipment is enabled with appropriate up-to-date virus checking software before you access or use Lasting Post. |
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6.2 |
Whilst we will endeavour to ensure that Lasting Post is available to you and that content for which we are responsible is accurate, we cannot make any legal commitment or representation to you that Lasting Post will be available at any particular time or that it or any Lasting Post content will be of any particular quality or fit for any particular purpose. However, we will exercise reasonable skill and care in providing any service to you. |
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6.3 |
We can accept no liability to you for any of the following types of loss (which you may suffer as a result of your use of Lasting Post):
(a) |
loss which was not foreseeable to you and us when you first accessed or registered to use Lasting Post (even if that loss results from the our failure to comply with these terms or our negligence); |
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(b) |
any business loss you may suffer, including loss of revenue, profits or anticipated savings (whether those losses are the direct or indirect result of our default); |
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(c) |
loss which you suffer other than as a result of our failure to comply with these terms or our negligence or breach of statutory duty; |
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(d) |
any loss suffered due to the default of any party other than us. |
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6.4 |
We do not give any commitment that Lasting Post or any Lasting Post content will be available uninterrupted or error free, that defects will be corrected, or that Lasting Post or its supporting systems are free of viruses or bugs. |
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6.5 |
We can accept no liability to you if we fail, or are interrupted or delayed in the performance of any obligation because of:
(a) |
the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party; |
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(b) |
any other event not reasonably within our control. |
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6.6 |
We do not give any commitments or accept any liability to you in respect of Lasting Post content provided by other users of the website or third parties other than us. |
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6.7 |
Nothing in these terms will limit our liability for death or personal injury arising from our negligence. |
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7 |
Remedies |
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7.1 |
To the extent that we are practically able to do so, we may terminate your access to any part of Lasting Post at any time without notice if you breach any of the terms. You may terminate your registration for any part of Lasting Post by providing written notice that you wish to terminate your registration to us at headoffice@lastingpost.com |
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8 |
General |
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8.1 |
If any of these terms are determined to be illegal, invalid or otherwise unenforceable then the remaining terms shall remain in full force and effect. |
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8.2 |
These terms shall be governed by and interpreted in accordance with the laws of England and Wales. If you are a consumer, then you may have rights to bring court proceedings in the courts of the country in which you are domiciled. Otherwise, to the fullest extent permitted by law, you and we shall bring all court proceedings in the courts of England and Wales. |
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Message Posting Facility Terms and Conditions of Use |
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1 |
Age Restrictions |
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1.1 |
The Message Posting Facility is intended for persons of all ages. However, you will only be able to make an announcement within the Announcements section (“Announcement”) or to create an everlasting post within the Everlasting Posts section (“Everlasting Post”) if you are over 18. You will be able to make a Contribution to any existing Announcement or Everlasting Post. If you are under 16, you must obtain your parent or guardian’s permission before registering for the Message Posting Facility or submitting any Contribution. |
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2 |
Registration |
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2.1 |
On registration for the Message Posting Facility, you will be asked to provide certain information, including an e-mail address. You must ensure that the information which you provide is true and accurate in all respects. |
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2.2 |
You will be responsible for all posts you make on Lasting Post and all other Lasting Post activity conducted using the e-mail address which you provide. |
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2.3 |
By making an Announcement or creating an Everlasting Post, you are deemed to be an administrator of that Announcement or Everlasting Post (“Administrator”). Administrators assume certain responsibilities in respect of the Contributions made by other users of Lasting Post (“Users”) in relation to that Announcement or Everlasting Post. If you are an Administrator then you must regularly check the Announcement or Everlasting Post in order to monitor those Contributions and remove them where they do not comply with section 4 of these terms. |
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2.4 |
We value your privacy and will deal with any personal information you supply on the terms of the Lasting Post Privacy Policy; to see this, please click here. |
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3 |
Content |
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3.1 |
If you post any Contribution on the Message Posting Facility or otherwise submit a Contribution to Lasting Post, then you are confirming that:
(a) |
that Contribution includes nothing which would be a breach of these terms; |
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(b) |
that Contribution is non-confidential and non-proprietary and that we may make use that Contribution as we see fit without acknowledgement (but always in compliance with out Privacy Policy; to see this, please click here). where it is relevant; and |
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(c) |
Users (or registered Users where the Contribution is within an area of Lasting Post only available to registered Users) may access any Contribution made through the Message Posting Facility or otherwise, on terms similar to these (as updated). |
If you wish to restrict our or any Users’ use of any Contribution then you are advised not to submit that Contribution to Lasting Post. |
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3.2 |
You are entirely responsible for any Contributions you make. Administrators are additionally responsible for Contributions made in relation to Announcements and Everlasting Posts in respect of which they are Administrators. You shall be entirely responsible for any losses which we or any Users may suffer as a result of any Contributions you make or otherwise as a result of your use of the Message Posting Facility and Lasting Post or breach of these terms. |
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3.3 |
In order to ensure the smooth running of Lasting Post, we reserve the right (on behalf of ourselves, any moderator which we may appoint and, to the extent we allow them in our discretion, Administrators) to:
(a) |
temporarily or permanently suspend your access to the Message Posting Facility; |
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(b) |
edit or delete any of your posts; or |
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(c) |
take any other action against your account; |
if, in our or their view, you have not complied with the rules of conduct set out in section 4 below. |
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3.4 |
We reserve the right to edit your Contributions for any reason before they appear on Lasting Post. |
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3.5 |
As many Contributions as possible will be published but if volumes exceed our capacity we cannot guarantee that all Contributions submitted will appear. |
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4 |
Conduct |
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4.1 |
Wherever possible, you should ensure that your Contributions relate to your own personal experience and (where applicable) your own personal memories of the deceased. You must ensure that you do not name any individuals (other than yourself and the deceased person about whom you may be making a Contribution) in your Contributions or include information through which someone else could identify such an individual. |
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4.2 |
Lasting Post is about helping people to deal with issues relating to death and bereavement and to remember their loved ones. You must keep your Contributions relevant. You must be constructive, truthful, polite and respectful. |
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4.3 |
Generally, you must ensure that you only use Lasting Post in order to make Contributions which are respectful, legal, decent, proper and relevant. Your use should facilitate other Users’ use of Lasting Post and contribute to the smooth running of the Message Posting Facility and Lasting Post and its supporting systems. |
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4.4 |
By way of example (and without limiting your obligations under 4.1 to 4.3 above) and in order to minimise the risk of legal claims against you, you must ensure that you:
(a) |
comply with the instructions of any moderators and any other instructions regarding the use of the Message Posting Facility or Lasting Post; |
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(b) |
do not name businesses or individuals other than yourself and the deceased person in respect of whom you may be making a Contribution; |
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(c) |
do not make untrue statements; |
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(d) |
do not threaten, harass, abuse or otherwise violate the rights of others; |
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(e) |
do not submit posts or other Contributions which are unlawful, libellous, obscene, profane, sexually oriented, racially offensive or otherwise objectionable or inappropriate or use offensive nicknames; |
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(f) |
do not include abusive language in Contributions; |
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(g) |
do not make any Contributions which infringe the rights of another party, e.g. you must not use material which you do not own or which you have obtained or copied from other sources and you must not breach the confidences of others; |
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(h) |
do not include information which is capable of identifying anyone else as an individual save for the deceased person about whom you may be making a Contribution; |
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(i) |
do not interfere with or disrupt the smooth running of the Message Posting Facility or annoy other Users (by, for example, flooding the Message Posting Facility with multiple versions of the same or similar Contributions, sharing “chain-mail” or making Contributions which are off-topic); |
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(j) |
do not submit commercial messages or advertising or seek to engage in commercial activity through Lasting Post; |
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(k) |
do not impersonate anyone else; |
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(l) |
do not use negative stereotypes; |
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(m) |
do not misuse any complaints facility by, for example, raising spurious or vexatious complaints or overloading the complaints facility with multiple versions of the same or similar complaints; |
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(n) |
do not submit Contributions which express or imply that they have been sponsored or endorsed by us; |
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(o) |
do not transmit any viruses or other harmful code or otherwise interfere with the systems supporting Lasting Post; |
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(p) |
do not refer to on-going or forthcoming court cases; |
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(q) |
do not breach any injunction; |
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(r) |
do not post specific URLs (web site addresses); |
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(s) |
do not make a reference to specific products; |
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(t) |
do not make Contributions containing innuendo or hidden meanings; |
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(u) |
do not make Contributions advocating criminal, harmful or immoral activities; |
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(v) |
do not seek to use a Contribution to seek to exchange personal details or other information with another user; |
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(w) |
do not make Contributions relating to gaming or gambling; |
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(x) |
do not make political references; |
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(y) |
do not give advice to other users; |
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(z) |
do not make Contributions over 1000 words in length. |
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4.5 |
Please note that that we seek to use these terms to prohibit all behaviour which you may find offensive or objectionable. However, we cannot guarantee that you will not be exposed to such behaviour on the Message Posting Facility. If you encounter any such behaviour then please feel free to make a complaint to us at headoffice@lastingpost.com . You should note that the views expressed in material posted on the Message Posting Facility are the views of the individual concerned, which are likely to be different to our views. |
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4.6 |
Lasting Post is currently available in English only. Therefore your posts and other Contributions must be in English unless other languages are expressly permitted in future. |
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These Terms of use were last updated on 07th January, 2009.
Copyright ©Lasting Post Ltd, 84 Brook Street, London W1K 5EH |
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