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Terms
 
Your privacy is very important to us. We have designed our privacy policy to indicate how you can use tear4u.com to share with others and how we collect content and information. We also encourage you to read and use the privacy policy to help you make informed decisions when using the site.

Please read the Terms of Use before using tear4u.com.

1. Acceptance of Terms of Use

By viewing, using, accessing, browsing or posting any content or material on this site, you agree to these Terms of Use as a binding legal agreement between you and Viamart, s.r.o., without limitation.
If you do not agree to these Terms of Use, you may not use this site. Viamart, s.r.o. reserves the right to modify these Terms of Use at any time without notice. You agree that each of your visits to this Site will be subject to the Terms of Use then in effect, and your continued use of the Site now or after modifications to those Terms of Use confirms that you have read, agreed to, and agree to be bound by those Terms.

2. User License

A. Scope

Viamart, s.r.o. grants you permission (which may be revoked at any time for any reason or for no reason) to browse this site and download, email or print individual pages of this site in accordance with these Terms of Use, solely for your personal, non-commercial use, provided that you do not remove any trademarks, copyrights or other notices contained on this site.
No other use is permitted. For example, you may not include information, content, or other material in any database, compilation, archive, or cache. You may not modify, copy, distribute, republish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer or sell any information, content, material, software, products or services derived from this website, except as specifically stated above.
Except as expressly permitted by Viamart, s.r.o., you may not, for any purpose, directly link to or access this site with any robot, spider, web crawler, extraction software, or any other automated process or device for copying or monitoring purposes. any part of this site or any information, content or material on this site. Viamart, s.r.o. reserves all its legal and general rights against any person or entity that violates this paragraph. You may not link to any pages of this site or to any content contained therein, in whole or in part.
All rights not expressly granted herein are reserved.

B. User behavior

You agree that your use of this site and / or the services on this site is subject to all applicable local, state, national and international laws and regulations. You also agree:
comply with EU and local laws or regulations regarding the conduct of online and acceptable material and regarding the transfer of technical data exported through the website or any service provided by Viamart, s.r.o. or the country in which you reside;
you will not host, post content or use the Website or its services without the consent of a parent or legal guardian if you are under 18 years of age ("minor");
not use the site for illegal purposes;
not to commit any acts of infringement on the website or in connection with the content on the website;
not use the site for business purposes;
not create or maintain commemorative sites for or with any commercial or other purpose or intent that does not in good faith conform to the purpose or spirit of this site, including, but not limited to, obtaining, naming or selecting a website name or title, or a web address or URL for resale, or hiring, relieving any member of the deceased's family or friend from the introduction or use of the service in the person's name and a link to any commercial or other website from commemorative sites or other material.
not attempt to gain unauthorized access to other computer systems from or through the Site;
not interfere with the use and use of the site by another person or the use of another site by another entity;
not to use the Website to chain spam, spam, or use distribution lists;
not to upload or transmit viruses or other harmful, disruptive or destructive files;
not interfere with, interfere with, or otherwise damage or violate the security of this site or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this site or affiliated or linked sites.

C. Damage from commercial use

You agree that the consequences of commercial use or republishing may be so severe and incalculable that monetary compensation may not be a sufficient or appropriate remedy.

3. Site content

Nature of user material. Some of the services offered by Viamart, s.r.o. on this site allow you and others to publish, upload, transmit, display, publish, distribute or otherwise upload materials to this site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, texts, photographs, audio files , poems, videos or text (collectively "Material") for memorial sites. Memorial pages may be created for human relatives or pets and other living creatures, but must follow the instructions on the content.
You agree not to submit any material that:
contains vulgar, hateful or sexually explicit language, swearing, unsightly illustrations, personal attacks of a sexual, racial or religious nature or expressions of bigotry, racism, discrimination or hatred;
is defamatory, threatening, contemptuous, outrageous, false, misleading, deceptive, fraudulent, inaccurate or unjust, contains gross exaggerations or unsubstantiated allegations, violates the privacy or publicity rights of any third party, is unreasonably harmful or offensive to any person or community , contains any actionable statement, or tends to mislead or unfairly accuse any other person, company or entity;
accuses, suggests, informs or announces the death of any living creature while still alive;
unfairly interferes with the uninterrupted use and use of this site by any third party;
advertises, promotes or offers to trade in any goods or services, except in areas specifically designated for that purpose;
it is primarily intended to support a thing or movement, whether political, religious or otherwise;
contains copyrighted content (articles, illustrations, images, texts, photographs, sound, video, poems, text or other copyrighted content) without the express consent of the copyright owner of the content;
establishes or promotes unlawful conduct, violates any right of any natural or legal person, violates any local, state, national or international law, rule, instruction or regulation, or otherwise creates liability;
publish any personally identifiable information concerning minors without the consent of a parent or legal guardian;
infringes copyrights, trademarks, patents, trade secrets or other intellectual property rights;
contains viruses or other harmful, intrusive or destructive files; harms or is unsuitable for minors; links to any commercial or other websites; exceeds 10 minutes in length or duration when playing on the web; otherwise it does not comply with these terms of use.
B. User Statements and Warranties. Each time you submit material to this site, you represent and warrant that you have the right to submit material to this site, which means:
you are the author of the material, or you have the express consent of the copyright owner to publish the material on this site; and you have the right to grant Viamart, s.r.o. the license set out in these Terms of Use; and the material you submit does not violate these Terms of Use.
C. By granting a user license on tear4u.com. you grant Viamart, s.r.o., its affiliates and related entities gratuitous, permanent, irrevocable, non-exclusive rights and licenses to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all materials that you provide to Viamart, s.r.o. in any form, media, software or technology of any kind that currently exists or will be developed in the future. Without limiting the generality of the preceding sentence, you authorize tear4u.com to include the material you provide in a searchable format that is accessible to users of this site and other websites. You also grant Viamart, s.r.o. and related parties the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such material. You also grant Viamart, s.r.o. the right to use the material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any material or communication you send us for any purpose, including but not limited to the development, production, promotion and / or marketing of products, and services. You grant all rights described in this paragraph with respect to how you use this site and our services to create the material you provide to us to third parties without any additional compensation to you. Viamart, s.r.o does not claim ownership of the material you submit to tear4u.com
D. Disclaimer of Material. You acknowledge and agree that Viamart, s.r.o. does not control the material sent to the site or any other services enabling user-generated material or content, and disclaims any responsibility for such material. Viamart, s.r.o. specifically disclaims any obligation, duty or liability to inspect, refuse to publish, remove or modify any commemorative sites or other materials. Viamart, s.r.o. furthermore, it does not warrant that any other content or information accessible through this site is accurate, complete or current. Pricing and availability information is subject to change without notice. Viamart, s.r.o. assumes no responsibility for any errors or omissions in the content of this site.
E. Inspection, removal and change of material condition. Viamart, s.r.o. reserves the right (but disclaims any obligation or liability) to inspect, verify, refuse to publish, remove in full or modify (at any time and without notice) any submitted material, commemorative site or any other material of which Viamart, s.r.o. believes, in its absolute and sole discretion, that it may violate any of the above sections. Viamart, s.r.o. also reserves the right (but disclaims any obligation or liability) to refuse to publish, remove in full or modify (at any time and without prior notice) any photographs, memorial sites or materials on the Site for any reason or without any reason in its sole and exclusive discretion. Viamart, s.r.o. also reserves the right (at any time and without prior notice) to change the status of memorial sites from public access to private access based on a third party complaint for any reason, at the sole and absolute discretion of Viamart, s.r.o. In cases where payment for memorial sites has been made , which have been removed or changed for reasons other than violation of point 2 (A), 2 (B), 3 (A) or 3 (B) above, Viamart, s.r.o., will return the full compensation.
Act 185/2015 Coll. The Slovak Republic (Copyright Act) and the relevant EU directives provide remedies to copyright owners who believe that material displayed on this site infringes their rights under this Act. If you believe in good faith that content or material hosted on this site infringes your copyright, you (or your agent) may send it to Viamart, s.r.o. a notice requesting that content or material on the site be removed or blocked from being accessed. This notification shall contain the following information: (a) the physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) the identification of the copyrighted work allegedly infringed (or, if multiple copyrighted works hosted on the Site, are subject to a single notice, a representative list of those works); (c) the identification of the material claimed to be infringing or which is the subject of an infringing activity and information reasonably sufficient to enable Viamart, s.r.o. be able to search for content or material on the web; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the claimant believes in good faith that the use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and that, under penalty of perjury, the claimant is entitled to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that you have been wrongly notified of a copyright infringement, the law allows you to file a counter-notification. Notices and counter-notifications must comply with current legal requirements established by law; for details see https://www.dusevnevlastnictvo.gov.sk/web/guest/autorske-pravo. Notices and counter-notifications regarding this site should be sent to: Viamart, s.r.o., Teplická 34, 058 01 Poprad, Slovak Republic. Viamart, s.r.o. suggests that you consult your legal counsel before submitting a notification or counter-notification. We reserve the right to terminate the account of any user who infringes copyright.
F. Proprietary Rights. You acknowledge and agree that this site contains protected information and content that is protected by intellectual property and other laws, and may not be used unless stated in these terms of use without the prior written consent of Viamart, s.r.o. text, graphics, interfaces and images (and their selection and arrangement) and software, hypertext markup language ("HTML"), scripts, active server pages and other content and software used on these pages are © 2021 Viamart, s.r.o., all rights reserved .

4. Termination and changes on the website

Viamart, s.r.o. reserves the right, in its sole and absolute discretion, to modify, suspend or terminate at any time, without prior notice, this site and / or the services offered on or through this site (or parts thereof), including but not limited to features, appearance and behavior , functional elements and services related to memorial sites and other services provided by Viamart, s.r.o.

5. Compensation

You agree to indemnify and hold harmless Viamart, s.r.o., its subsidiaries and affiliates, agents, officers, directors or other employees from being sued for any claim, claim or damage (whether direct, indirect or consequential, including reasonable representation fees), anyone in connection with your use of this site, the materials or information you submit to or through this site, any alleged infringement of intellectual property or any other right of any person or entity relating to this site, your violation of these terms Use and any other acts or omissions regarding this site.

6. Disclaimer of Warranties

INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THIS WEBSITE (PROVIDED BY YOU, OTHER USERS AND OTHER ASSOCIATIONS OR THIRD PARTIES), INCLUDING, WITHOUT LIMITATION, THE MATERIAL, TEXT, PHOTOS, AND HOW ARE AVAILABLE, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. VIAMART, s.r.o. DISCLAIMS ALL DISCLAIMERS AND WARRANTIES, EXPRESS OR IMPLIED.

7. Cancellation, Termination, Transfer and Expiration of Account / Services

You may cancel or terminate your account at any time, and / or use any service provided on or through this site, without giving a reason, upon written notice to tear4u.com. If you cancel or terminate your account or any services, or after your account or service expires, your cancellation / termination / expiration will take effect immediately. Upon termination of your right to use your account or service immediately. Your notice of cancellation or termination of the tear4u.com service must be sent by e-mail or regular mail to Viamart, s.r.o., as set out in these Terms of Use.
Viamart, s.r.o. may, in its sole and absolute discretion and at any time, with or without notice, suspend, cancel, transfer or terminate your password, account, any page within the account and / or use of any services provided on or through this site for any reason ( including and without limitation, due to insufficient use, commercial use, cybersquatting, Viamart, s.r.o. in any dispute between several persons requesting the right to use the same or similar accounts or services, or Viamart, s.r.o.'s belief, in its absolute and exclusive discretion, that you violate or act contrary to the letter or spirit of these Terms of Use). In the event of a dispute or conflict or complaint from users of the Website regarding the right of another to establish, use or manage an account or service on the Website, we remember.
Upon the expiration or cancellation or termination of your account, your password and / or the use of any service provided on or through this site by either party, you will not have any right to any material or information you provide and tear4u.com may temporarily or permanently block access to all materials or information contained therein, including their removal, deactivation, deletion and disposal, including but not limited to any memorial sites. Viamart, s.r.o. accepts no responsibility for deleted material or Information. In addition, Viamart, s.r.o. terminate all agreements (oral, written or implied) relating to your account, material or information you provide, and / or your use of any service on this site. You agree that Viamart, s.r.o. is not responsible to you or any third party for terminating your access to any service.
Upon suspension, cancellation or termination of your account or use of any service provided on or through this site (for any reason), the amount you paid to Viamart, s.r.o. will not be refunded.
Viamart, s.r.o. does not control and is not otherwise obliged to verify the materials published on the commemorative sites. Viamart, s.r.o. however, it reserves the right to remove any material posted on commemorative sites, unless such material otherwise complies with these Terms of Use.

8. 10-day free use of services

Viamart, s.r.o. offers 10 days of free use for any created memorial.

9. Minors

The consent of a parent or legal guardian will be required before a minor can use the website. Use of any portion of the Site is confirmation that the person is an adult or minor who has received permission from parents, legal guardians or school supervisors to use the Site. The parent or legal guardian will be responsible for all activities of the minor on the site, regardless of whether the minor has received permission from the parent, legal guardian or school supervisor to use the site.
Viamart, s.r.o. warns you that parental control protections (such as computer hardware, software, or filtering services) are commercially available, which can help you reduce material that is harmful to minors.

10. Memorial, password and security

Some of the services offered on this site (such as creating memorial sites) may require you to register and / or create an account at tear4u.com. During this process, you must select an account ID and password and provide certain personal information to tear4u.com, including a valid email address. With respect to your use of the tear4u.com Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to maintain true, accurate , current and complete. If you provide any information that is false, inaccurate, out of date or incomplete, or Viamart, s.r.o. has a reasonable suspicion that this information is false, inaccurate, out of date or incomplete, the memorial may be canceled.
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with your account or password. You agree to (a) immediately notify tear4u.com of any known or suspected unauthorized use of your password or account or any known or suspected breach of security, including the loss, theft or unauthorized disclosure of your password or credit card information; and (b) ensure that you leave your account at the end of each session. Viamart, s.r.o. shall not be liable for any injury, loss or damage of any kind resulting from or related to your failure to comply with (a) and (b) or for any act or omission by you or anyone else using your account and / or password.

11. References

For the sake of courtesy, this website may offer you links to other websites. Viamart, s.r.o. is not responsible for the content of any website created and maintained by organizations independent of Viamart, s.r.o .. Visiting such third party websites is at your own risk. Viamart, s.r.o. has no control over these third party websites and cannot guarantee the accuracy, completeness or timeliness of the information on third party websites. Your use of this information is voluntary and you should only rely on this information after independent review. Links to commercial products or services on any such third party websites do not constitute or imply endorsement by Viamart, s.r.o .. By using this site, you acknowledge that Viamart, s.r.o. is not responsible for availability either,

12. Consideration

You acknowledge that these Terms of Use are based on reasonable and valuable consideration, the acceptance and adequacy of which are hereby confirmed. Without limiting the foregoing, you acknowledge that such considerations include, but are not limited to, your use of this site and the receipt or use of data, content, products, services, materials and information available on or through this site, our ability to control, use or display your user-generated content and the ability to promote and promote from our control, use or display of your user content.

13. Domain

tear4u.com is a registered domain of Viamart, Ltd. Such domains and other brands, logos and names of tear4u.com, used on or in connection with this website, may not be used in connection with any product or service not covered by ownership or control of the company Viamart, s.r.o. or registered affiliates. Furthermore, these trademarks may not be used in any way that is likely to cause confusion among customers, nor in any way that would disparage or discredit. their respective owners, who may or may not be affiliated, associated or sponsored by Viamart, s.r.o. or its affiliates.

14. Third Party Software

If you choose to download or access any third party software that Viamart, s.r.o. you understand that you may be required to agree to the terms of use or license of that third party provider before using such software. You also agree that your use of any third party software or content obtained in connection with the services provided on this site does not transfer to you any rights, title or interest in such software or content and you agree not to use any such software except permitted under the terms of use or license agreement of the third party provider. By downloading software provided through this site, you agree to be bound by the terms of use or license agreement of the third party provider, the terms of which are incorporated herein by reference for the benefit of such third party providers. If you do not agree to the terms of use or third party license agreement, do not download the software.

15. Enforceability

If any part of these Terms of Use is found to be invalid or otherwise unenforceable, that part will be deemed to have been replaced by a valid enforceable provision that most closely matches the intent of the original provision. The remainder of these Terms of Use will continue to be enforceable and applicable in accordance with the terms contained herein.
No waiver. The inability of Viamart, s.r.o. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Neither party shall be deemed invalid against any provision of the Terms of Use or failure to perform as a result of acts or events beyond the reasonable control of that party and caused without its fault or negligence, including, but not limited to, force majeure, civil or military authorities, interruptions of electrical or telecommunications services, civil unrest, acts of war or terrorism, strikes, fires, floods or other disasters, etc.

16. General provisions

Headings and constructions. The section names in the Terms of Use are for your convenience only and have no contractual or legal effect. The language in these Terms of Use shall be construed in accordance with its honest meaning and shall not be construed strictly for or against any party.
For the purpose of notification of cancellation or termination, contact Viamart, s.r.o. at Teplická 34, 058 01 Poprad, Slovakia,
Again, we encourage you to comply with our terms and conditions in conjunction with our privacy policy when using this site
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