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Terms of Use

Who can use our website; what are the requirements to create an account?

In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use our website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

YouTube - Embedded Links

According to YouTube’s Terms of Service (which applies to all users, including content providers), YouTube grants permission to access and use the site, provided that “you agree not to distribute in any medium any part of the Service or Content without YouTube’s prior written permission, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).”

Said another way: When anyone uploads a video to YouTube, the person enters into a royalty-free licensing agreement with YouTube that grants certain public usage rights, depending on how a creator enables a video.

If a video creator leaves the embed functionality enabled for a video, that person has agreed to allow other people to share that video on other mediums (including websites) without YouTube’s prior written permission according to YouTube’s Terms of Service.

If a video creator, on the other hand, disables embed functionality for a video, that person does not grant public use of a video, and per YouTube’s Terms of Service, anyone wishing to share that video on any medium would require prior written permission from YouTube.

To sort which videos you can use, simply click a video’s Share button to see whether the embed functionality has been enabled. After that, YouTube still has a few more usage conditions.

  • You agree not to access YouTube content through any other technology or means, other than a video’s embed code, the video playback pages of YouTube or any other authorized means that YouTube may designate.

  • You agree not to modify, build on or impair any of the embed functionality, including the links back to the YouTube website.

YouTube Copyright Restrictions

While YouTube grants certain public usage of videos through its Terms of Service, YouTube acknowledges and supports copyright ownership by video creators.

Falling under Intellectual Property Rights, copyright is a legal right existing the U.S. and Canada (and many other countries around the world) that grants exclusive rights to the creator of an original work, including the conditions under which a work may be used. While video creators relinquish certain usage rights after uploading a video to YouTube, video creators remain the owners of their work. As such, video creators retain economic rights (the right to sell their work, either outright or in residual fashion such as paid access through streaming) and moral rights.

If you watch YouTube videos, you’re likely familiar with how YouTube displays related videos (or, “suggested videos”) at the conclusion of any video. Prior to September 2018, website owners could disable this YouTube function in the interests of avoiding videos that may not be in keeping with brand message and/or image. After September 2018, YouTube changed their embed code. So, it’s no longer possible to fully disable related videos.

In summary, here are the guidelines for finding and displaying someone else’s YouTube videos on your Unborn Memorial Wall.

  • Find a video you like on YouTube, then click the Share button to see whether the embed functionality has been enabled.

  • Do not alter that code when displaying videos on our website.

  • Do not edit or otherwise change the video.

  • Should a video creator contact us and ask us to remove a video from our website, we will do so immediately.

Acceptable Use Policy

The following material and activities are prohibited on The Unborn Flame.

  1. Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

  2. Harassment, bullying, defamation and threats: You may not post or upload Materials, that harass, bully, defame or threaten a specific individual.

  3. Hateful content: You may not use our website to promote or condone hate or violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use our Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

  4. Illegal activities: You may not post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

  5. Intellectual property: You may not post or upload Materials, that infringe on the copyright or trademarks of others.

  6. Malicious and deceptive practices: You may not use our Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of The Unborn Flame or our third party providers. You may not use our Services for deceptive commercial practices or any other illegal or deceptive activities.

  7. Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorised to provide such consent. You may not use our Services to collect, store, or process any protected health information subject to any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.

  8. Restricted Items: You may not post or upload Restricted Items.

  9. Self-harm: You may not post or upload Materials, that promote or display self-harm.

  10. Spam: You may not use our Services to transmit unsolicited commercial electronic messages.

  11. Terrorist organizations: You may not post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

 

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.

 

The Unborn Flame has the right, but not the obligation, to monitor or investigate any Materials and your use of our Services at any time for compliance with this AUP and our Terms of Service, or any other agreement between you and The Unborn Flame governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.

Shopify may modify this AUP, including the list of Restricted Items, at any time by posting a revised version

By continuing to use our Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.

You agree and consent that the uploaded of content is for private use only on our website.

Key commercial terms offered to customers

When buying an item, you agree that:

(i) you are responsible for reading the full item listing before making a commitment to buy it:

(ii) you enter into a legally binding contract to purchase an item when you commit to buying an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Retention of the right to change offers

We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Right to suspend or cancel the user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Indemnification

You agree to indemnify and hold The Unborn Flame and it's owner harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of our website or any of the services offered on our website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall The Unborn Flame and it's owner be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, The Unborn Flame and it's owner assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of our Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) our website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference for law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia / Western Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Perth. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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