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Terms of Service

Welcome to Viaterna.

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”), they govern your use of our website, app or any other service brought to you by Martin Ahl & Partners AB. The Site, App and our services are collectively called the “Services” in this document.

By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and Martin Ahl & Partners AB, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the Services.

If you do not agree with any of these Terms, you are prohibited from using or accessing the Services. The materials contained in the Services are protected by applicable copyright and trademark law.

We may update the Terms at any time, in our sole discretion The update will be posted on the Viaterna.com website. It’s critical that you review any updates to the terms. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you are not agreeing to the new terms, you are not allowed to use the service. Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

User License

We hereby grant all you the temporary right to download any content on the Platform for personal, non-commercial transitory viewing only, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

User Conduct

You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

• to comply with Swedish law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from Sweden or the country in which you reside;

• not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”)

• not to use the Services for illegal purposes;

• not to commit any acts of infringement on the Services or with respect to Services content;

• not to use the Services to engage in commercial activities without prior consent from Martin Ahl & Partners AB.;

• not to create or maintain an Online Memorial for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from an Online Memorial;

• not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;

• not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

• not to upload or transmit viruses or other harmful, disruptive or destructive files;

• not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites.

Your license shall be automatically terminated if you violate any restrictions in the user license or the user conduct. In the case of a paid subscription, no refund will be given. Upon termination of your license, you must destroy any downloaded or printed material under the license.

Material shared by you

Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”) to any portion of the Memorial Website, or other purposes. You agree not to Submit any Material that:

• contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

• is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

• unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services;

• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;

• is intended primarily to promote a cause or movement, whether political, religious or other;

• contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the content’s copyright owner.

• constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.

• disclose any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;

• infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

• contains viruses or other harmful, disruptive or destructive files;

• harms or is inappropriate for minors to view;

• links to any commercial website;

• is not otherwise in compliance with these Terms of Use.

User License Grant

By making any User Content available through the Services you hereby grant to Martin Ahl & Partners AB a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute copies of, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you and to other Account holders.

Responsibility for content

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Martin Ahl & Partners AB on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content.

You can remove your User Content by using the functionality of the Services. However, in certain instances, some of your User Content) may not be completely removed and copies of your User Content may continue to exist on the Services. If you post User Content to the Services on a webpage created by someone else (such as a post you make on a memorial page created by another user), that User Content may be deleted if that other user chooses to delete the webpage they have created. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Termination.

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@viaterna.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US “AS IS”. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS IN RELATION TO THE SERVICES. WE DO NOT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY OF THE SERVICES AT ALL TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT THE SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE TAKE REASONABLE STEPS TO PROTECT ALL DATA STORED ON OUR WEBSITES AND ARE NOT LIABLE FOR ANY LOSS OF DATA OR DATA BREACH.

5. INDEMNITY

You agree to indemnify and hold Martin Ahl & Partners AB and its Affiliates harmless from and against any and all damages, costs, losses and expenses (including legal fees) arising out of or in connection with any claim, action or suit brought or threatened in writing by a third party claiming that the use of such Party’s Intellectual Property Rights infringes the Intellectual Property Rights of such third party.

Governing Law

The Agreement shall be governed by the substantive laws of Sweden without giving regard to its choice of law principles. Neither the Swedish Purchase of Goods Act (Sw. köplag (1990:931)) or the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to this Agreement.

General Terms

Entire agreement

These Terms constitute the entire and exclusive understanding and agreement between Martin Ahl & Partners AB and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Martin Ahl & Partners AB and you regarding the Services and Content.

No waiver

Martin Ahl & Partners AB´s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not, wholly or partly, assign, pledge or otherwise dispose of its rights and/or obligations under the Agreement without the other Party’s prior written consent.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Compliance with law and ethics

Nothing in these Terms shall prevent us from complying with the law.

You will comply with all applicable laws when using or accessing our Platform or Services.