Terms of Use & Privacy Policy
We ask that you take the time to read the terms of conditions for using the service which are set out below and are designed to be easy to understand, fair and reasonable. We would appreciate your understanding that because of the nature of setting up and using an online Tribute Site that may be intended for perpetual public access, we must have clear conditions regarding authority, content and privacy for both Site Administrators and contributors.
The service running on www.forevergarden.net enables family, friends and colleagues to come together to provide a beautiful and loving tribute to a loved one.
The site and service is run by InstaCode Software Limited (“InstaCode”), a registered company in Hong Kong located at 18/F, CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong as a service to assist all bereaved people in remembering loved ones.
By using or logging into any of the subdomain sites hosted on the forevergarden.net domain, you agree to al l the terms and conditions listed on this page.
The Site Administrator is the person or people that have agreed to administer a Tribute Site, including its appearance and privacy settings. All Site Administrators are bound by the terms and conditions for use including the privacy policy.
Anyone who wishes to contribute to a tribute site by uploading messages, stories, pictures, music, video or tribute events.
Site Administrators and Contributors retain the copyright over all their uploaded content but grant InstaCode a worldwide, royalty-free and non-exclusive license in perpetuity to use and reproduce the content. Please make sure that any content you upload does not infringe any other person’s copyright. All Intellectual Property relating to the website is owned by InstaCode.
Any material that may be viewed as offensive or otherwise inappropriate may be removed by Site Administrators or InstaCode at their sole discretion. This action may include the full removal of a Tribute site without notice.
Any re-publication of any part of the website including any content is not allowed without express written permission by InstaCode. Any breach of this by either individuals, companies or any other organisation will be deemed to be a breach of both the spirit of the service and legal copyright and we reserve the right to take action to protect the interests of both InstaCode, our Site Administrators and our users.
InstaCode uses leading global hosting solutions to ensure almost 100% uptime service access. All media files are stored separately by our cloud providers to ensure a combination of both fast access and file protection. Information collected is stored in a format suitable for future online display but please note that resolutions of stored images may not be appropriate for subsequent hard copy printing.
Each Site Administrator has an allowance of up to 100mb of data storage which is provided according to a mutually agreed charge in perpetuity. If additional storage space is required, this can be obtained for a small fee to cover the additional related hosting costs.
Whilst the intention and expectation is that the service is sufficiently funded so that tribute sites remain online in perpetuity, you also recognise that you should retain your own independent storage of all information submitted to your tribute site.
Whilst we try to take reasonable precautions to protect and store your information, InstaCode can not be held responsible for any loss or damage, including temporary or permanent loss of access. As part of the contract you agree that InstaCode (its employees, trustees, partners or anyone connected with the organisation) is not, nor ever will be, liable to you or any third party for any modification, suspension or discontinuance of the service for any reason.
You warrant that you own all intellectual property rights of content you upload and agree that InstaCode is not responsible in any way for uploaded content, notwithstanding its authority to remove any inappropriate content at its own discretion, and you also agree to indemnify InstaCode for any direct or indirect damages claims now or in the future.
We take your privacy seriously and outline below how we will treat your personal information. We have put in place suitable technical and organisational precautions to ensure that your information is secure including the use of secure servers and data encryption.
Please let us know at any time if your personal information needs to be updated or corrected. If you have any questions about how your personal information is treated please contact us at info@instajs.com or by post at InstaCode Software Limited 18/F, CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong
We use cookies in order to improve the website service, such as helping our website to recognise you when you visit. Cookies are an identifying file stored by your browser on your device, however most browsers provide you with options to reject third party cookies if you wish; choosing this option will have an impact upon the usability of many website services including ours. We also use Google Analytics to analyse use of the website which generates statistical and other website use information through cookies stored on users' computers. This information is stored by Google and their privacy policy is available at http://www.google.com/policies/privacy
We may collect and use the following kinds of personal information:
(a)
information that you provide for the purpose of registering with us
in order to subscribe to our website services and notifications
including your name and contact details.
b) information about
your use of our website including your IP address, geographical
region and other traffic and communication data.
c) any other
information that you choose to send to us
Before you disclose the personal information of another person, you must obtain that person's consent to both the disclosure of their personal information and its use in accordance with this privacy policy.
We may use your personal information to:
a)
enable your access and use of the service
b) administer,
personalise and improve the service for you
c) publish
information about you on the website (with your specific consent)
d)
send you emails and correspondence relating to use of the service
including your contributions
d) send you emails and
correspondence relating to any changes in the service and related
tribute information and events
We may disclose your personal information to the relevant Site Administrators and our employees, officers, partners or suppliers as reasonably necessary for the purposes set out in this privacy policy. Where we disclose any personal information to partners or other authorised party, they will be obligated to use that personal information in accordance with the terms of this privacy policy. In addition to the above, we may use or disclose your personal information in order to deal with enquiries made by or about you in connection with any legal proceedings or prospective legal proceedings or as required by law or to establish, exercise or defend our legal rights.
Information that we collect may be stored and transferred between any of the countries that we operate in order to enable us to use the information in accordance with this policy. Any personal information that you submit for publication on the website will be published on the internet and may be available around the world.
InstaCode reserve the right to update these terms and conditions and all users will remain bound by the amended terms which are governed by Hong Kong laws. Your use of the service indicates acceptance of these terms and you can notify us to deactivate your tribute site and/or account at any time if you do not wish to continue to abide with the terms and conditions of service.
We will update this policy from time to time by posting a new version on our website and by providing visible links at appropriate points throughout the service. You should check this page occasionally to ensure that you are familiar and happy with any changes. If you have any queries whatsoever, please contact us at info@instajs.com
The current version is dated 1st May 2017
Copyright © 2017 InstaCode Software Limited – All Rights Reserved.