TERMS AND CONDITIONS OF ETTERNITTY LIFE
Thank you for choosing and using the Ettenitty Life App and / or website www.etternittylife.com (hereinafter and jointly the "Site"), both of which are operated by ETTERNITTY LIFE and / or its subsidiaries or creators.
These "Terms of Service" (hereinafter the "Terms") will govern the use and access to the Site, as well as services available through the Site, whether they are provided by ETTERNITTY LIFE or by any third party authorized by the latter. Therefore, the "Terms" form a legally binding contract between the "User" and ETTERNITTY LIFE.
By using the Site and / or the services available through it, the "User" (term defined below) acknowledges that he has read all these "Terms of Service" and agrees to be bound by them, including the Privacy Notices and Legal Notice of ETTERNITTY LIFE.
By using the Site and / or the services available through it, the "User" agrees to be at least 18 years of age and have the legal capacity to accept these Terms or declares that he or she is the parent or guardian of a minor in whose name he or she accepts these Terms. If the "User" does not accept the Terms of this Site, it is obliged to stop using and / or accessing this Site and / or services available through it.
The services available through the Site may be subject to different or additional terms.
The information provided on the Site is intended for informational purposes only. In the event of a contradiction between such information and these Terms, these Terms will prevail.
ETTERNITTY LIFE offers various services related to the use of a platform, in which the "User" may create digital files addressed to Designated Third Parties, which will be made of their knowledge and they will only be able to access them, once the "User" has passed away. The Services also include various functions, such as Video, photo thumbnails, text, numbers, views, pdf files, message previews, editing, deleting, sharing, searching and file encoding.
To access the ETTERNITTY LIFE Services, the "User" must register for an account by providing their email address and choosing a password. The "User" is solely and exclusively responsible for maintaining the confidentiality of his password, as well as the use of his account.
The "User" agrees not to use the account or password of another "User” or reveal his password to any third party.
The "User" must register for an account by providing his email address and choosing a password, this registration and password will serve for the "User" to access the Site each time it is required. Within the Site, the "User" may make use of the platform, in which he may create digital files addressed to Designated Third Parties, which will be made of his knowledge and may only access them, once the "User” has passed away. The Services also include various functions, such as Video, photo thumbnails, text, numbers, pdf's, NFT's message previews, editing, deleting, sharing, searching and file encoding.
4.1. How to report the death of a "User": The Third-Party beneficiary or beneficiaries designated by the "User", once they have knowledge of his death, must send a notification to ETTERNITTY LIFE, which may be done through the following channels:
4.2. Verification of the death of a "User": Once the notification of the death of a "User" is received, through any of the means indicated in the previous point, ETTERNITTY LIFE may at its discretion conduct a verification process of death, which may consist of any of the following:
Regardless of what is indicated in this point, ETTERNITTY LIFE does not assume any responsibility and / or obligation, directly and / or indirectly, with respect to the veracity or accuracy of the notices that are reported to any person in accordance with the previous provisions and / or any consequence (s) of such notice (s). The user agrees that they may at any time eliminate or limit access to any designated third party.
4.3. Access to digital Files: (i) Before the death of a "User", the "User" will be the only person who will have access to their digital Files; and (ii) After the death of a User, only designated Third Parties that are in force, once points 4.1 and 4.2 of these Terms are credited, will be able to access the Digital Assets.
4.4. Transfer of messages to Designated Third Parties: ETTERNITTY LIFE will notify the designated Third Parties through the emails indicated by the "User" itself or through the Site itself (when the designated Third is in turn "User"), the digital files that a "User" has left them, providing access to the digital files through the site and / or services, subject to the following conditions:
Any digital file of a "User" may only be viewed and / or accessed by the "User" himself, or by designated Third Parties. ETTERNITTY LIFE does not guarantee that the digital Files will actually be viewed by Third Parties designated as a "User".
The digital files of a "User" will be subject to the storage space that they have contracted.
4.5 Designated third parties adults and minors: After the death of a "User", the designated Third party if they are over 18 (eighteen) years old, will be able to view the digital Files that have been sent to them; In the event that the designated Third Party is a minor under 18 (eighteen) years of age, he / she will need the consent of his / her parent or guardian.
5. Content of Digital Files.
The services and purpose of ETTERNITTY LIFE allow the "User" to share digital Files with their designated Third Parties, the "User" being the sole and absolute responsible for the content or material of the digital Files.
5.1. Responsibility: The "User" is solely responsible for the digital Files, as well as any information provided on the "Site". Likewise, the "User" declares and guarantees that the digital files that he will keep on the "Site" are his exclusive authorship, or, where appropriate, he has the right to use them, releasing ETTERNITTY LIFE from any type of liability.
The "User" declares that all its digital files have legal content, without causing any infringement of the rights of third parties, including, but not limited to, intellectual property rights and privacy rights. In addition, for any content uploaded to the "Site", the "User" declares and guarantees that said content is free of copyrights, trademarks or other intellectual property infringements of third parties; and that he has the consent, release and / or permission of each identifiable person in said digital File.
5.2. Responsibility of ETTERNITTY LIFE: ETTERNITTY LIFE is not responsible nor will it be obliged to review the content of the digital Files of the "User", or of any information or content that a "User" provides through the "Site".
It will be at the discretion of ETTERNITTY LIFE to review the conduct of a "User", for which, it will be necessary to receive complaints from other "Users" or from designated Third Parties, which merit the intervention of ETTERNITTY LIFE, in which case, ETTERNITTY LIFE will have the right to block, delete, cancel access or delete said digital Files or "User" Account
5.3. Ownership of Digital Files: The "User" is the sole owner of their digital Files, retaining all their property rights over them. However, by uploading or transmitting any digital Files using the "Site", the "User" grants ETTERNITTY LIFE, its affiliates and service providers, a non-exclusive, royalty-free, worldwide license, consent, and authorization to use such digital Files in any form, provided that such use is for the purposes of ETTERNITTY LIFE providing the services at its expense, including, hosting, indexing, caching, tagging, copying, transmitting, extracting, creating derivative works and modifying, in any way or means now known or developed in the future, as well as to share the digital Files with designated Third Parties (e.g., "goodbye message").
5.4. ETTERNITTY LIFE expressly refuses all liability in relation to the digital Files. ETTERNITTY LIFE reserves the right to remove Digital Files from its databases at any time due to breach of these Terms and Conditions.
6. Intellectual property rights.
With the exception of digital files, personal data and information found on third party websites, all the content of the "Site", as well as the services and system of the "Site", including, but not limited to, the text and the images thereof and their arrangement are owned, controlled, duly obtained or licensed from or in favor of ETTERNITTY LIFE and are protected by applicable copyright and other property laws, including, but not limited to, the laws of intellectual property.
ETTERNITTY LIFE is also the owner, directly or by license, of all intellectual property rights contained in any material and software on the "Site" and the System, including, among others, database rights, commercial image, service marks, graphic design, graphics, user interfaces, visual interfaces, photos, text, documents, descriptions, products, interactive features, videos, user submissions, button icons, trademarks, logos, trade names sounds, illustrations, computer code, design, structure, selection, coordination, organization, arrangement and other matters related to the System and the "Site".
Copying, reproduction, use, modification, or publication by "Users" of said materials or any part of the System, "Site" and / or Services in any form or by any means is strictly prohibited.
The "User" agrees not to modify, rent, lease, sell, distribute, or create derivative works based on the ETTERNITTY LIFE Services, as well as not be able to exploit the ETTERNITTY LIFE services.
All other trademarks, trade names or copyrights that are not owned by ETTERNITTY LIFE and that appear on the "Site" are the property of their respective owners, without the "User" having any right over them.
7. Links to Third Party Websites.
The "Site" and the System may contain links to other third-party websites that are not owned or controlled by ETTERNITTY LIFE. ETTERNITTY LIFE is not responsible for the content, accuracy or opinion expressed on such websites. The inclusion of any linked website on the "Site" or System does not imply approval or endorsement of the linked website by ETTERNITTY LIFE.
The "User" must be careful and consult the terms of use applicable to the website in question. The "User" releases ETTERNITTY LIFE from each and every one of the responsibilities and damages arising from its use or dependence on any third-party service, material or website, which is provided solely for convenience.
In no case will ETTERNITTY LIFE be responsible, directly or indirectly, for any damage or loss that the "User" suffers and that is caused or supposedly caused by or in connection with the use or reliance on any content, goods or services available on the Sites from third parties.
8. Accounts and billing.
8.1 Basic Account: The basic ETTERNITTY LIFE account currently offers a free 30 (thirty) day trial for new “Users” who are not yet registered on the “Site”, which gives them the right to access ETTERNITTY LIFE services for a period of 30 (thirty) days from the moment they activate their account (the "Free Trial").
After the expiration of the free trial, you will be asked to submit your payment details to continue using your account. If you decide that you do not want to become a paid “User” of the ETTERNITTY LIFE Services when the Free Trial ends, you will not be able to access your ETTERNITTY LIFE account at the end of the Free Trial. You can only use the free trial once. ETTERNITTY LIFE reserves the right, at its absolute discretion, to withdraw or modify this free trial offer at any time without notice and without liability.
8.2. Account Update: The "User" can update his basic ETTERNITTY LIFE account according to the different subscription options offered by ETTERNITTY LIFE, as they are updated or modified. By virtue of the foregoing, the "User" accepts that certain features, tools and / or functionalities of the Services or “Sites” may only be available depending on the type of account, version or subscription acquired. All the updates that the "User" decides to conduct, will be billed by ETTERNITTY LIFE on a monthly, annual or event basis, until the cancellation is received by the "User"
8.3. Taxes: The "User" is directly responsible for the taxes generated by the use of the services or "Site" of ETTERNITTY LIFE, except for the Income Tax in Mexico, which will be paid by ETTERNITTY LIFE.
For the purposes of the foregoing, the "User" accepts that the fees charged in relation to the "Site" and the ETTERNITTY LIFE Services, already contemplate all the taxes, liens or duties imposed by the tax authorities, and that they are transferred directly to the "User".
The "User" accepts that his bank and / or the credit or debit card company that he uses, may impose compensation and / or currency conversion fees in relation to his subscription fee to the Services.
8.4. Suspension: The "User" accepts that his account will remain in effect until it is canceled for any reason or he cancels it. Thereafter, all digital Files will no longer be available for transmission to designated Third Parties.
8.5. Changes in Rates: ETTERNITTY LIFE may change the current rates at its sole discretion and without prior notice. Notwithstanding the foregoing, "Users" who have opted for the automatic renewal of the subscription or contracted services, will receive prior notification of these changes through a message to the email address associated with their account.
8.6. Cancellation and refunds: The "User" can stop using the services and / or "Site" of ETTERNITTY LIFE at any time, as well as cancel their account completely, for which, it will be necessary to send an email to the following email address: info@etternittylife.com.
ETTERNITTY LIFE reserves the right to suspend or terminate the Services at any time in its sole discretion and without prior notice, if the "User" is not complying with these Terms, or if he uses the Services or "Site" in a way that would cause legal responsibility to ETTERNITTY LIFE.
ETTERNITTY LIFE services are provided by prepayment, so if the "User" chooses to cancel his ETTERNITTY LIFE account without causes attributable to the latter, he accepts that he will not have the right to demand a refund of any payments made.
If there are charges from the "User" that he does not recognize, he should immediately contact ETTERNITTY LIFE at the following email address: info@etternittylife.com. Charges cannot be claimed if they exceed 15 (fifteen) calendar days from the date of collection to the date of claim.
8.7. Non-operational account: After receiving notification about the death of a "User" and the verification process of ETTERNITTY LIFE as established above, then: (i) ETTERNITTY LIFE will stop charging the account of said "User", (ii) the "User's" account will become a non-operational account and (iii) all of the "User's" Digital Files will be stored in ETTERNITTY LIFE's security systems until such time as they are sent to designated Third Parties.
9. Sponsorship Plans and Collaboration Agreements.
ETTERNITTY LIFE is working to obtain, from time to time, sponsorship agreements, collaboration, cooperation, commercial alliances with organizations or third parties, whether or not they are related to the services or purposes of the "Site". Therefore, the "User" accepts that third party brands or content may appear on the "Site".
10. Prohibited uses.
The "User" agrees not to use the Services within the "Site" whose purpose is to damage, threaten, harass, abuse, stalk, defame or infringe or violate the rights of any third party or person and / or organization, as well as to create services or similar websites or applications.
The "User" may not: (i) damage, disable, overload or impair the Services or the "Site"; (ii) resell or redistribute the Services or any part thereof, as well as the "Site"; and (iii) frame or use, directly or indirectly, any framing technique to include any trademark, logo or other proprietary information (including images, text, page or form design) of ETTERNITTY LIFE and / or its affiliates or collaborators .
The "User" must not: (i) use the Services or "Site" for any purpose other than that expressly permitted by these Terms; (ii) engage in any illegal or fraudulent activity or perpetrate a hoax or participate in phishing or forgery schemes or other similar falsification or manipulation of data; (iii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicate or unsolicited messages, commercial or otherwise; (iv) store or transmit inappropriate content, such as content that contains illegal, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature; (v) store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other hazardous or harmful computer code, files or programs, such as Trojan horses, worms, time bombs or spyware; (vi) modify, decompile, reverse engineer, disassemble, publish, create derivative works, copy, distribute, broadcast, transmit, exhibit, license, sell, use any content on this "Site" or frame this "Site" within any other site, or use meta tag searches or carry out any activity that could damage the operation of the "Site" or exploit for any purpose the content, information and source code of the "Site", including the attempt to derive the source code of , modify or create derivative works of the license, including updates or any part thereof; (vii) collect content or information from the "Site", or otherwise access the "Site", using any automated means, including, but not limited to, "spiders", "offline readers", "robots" and "scrapers"; (viii) disrupt the servers or networks connected to the "Site"; (ix) disable, circumvent, directly or indirectly, or otherwise interfere with the functions and content of the "Site" related to security or with the functions and contents that prevent or restrict the use or copying of any content or that impose limitations on the use of the "Site"; (x) collect or compile any personally identifiable information from the "Site"; and (xi) use the "Site", directly or indirectly, for commercial purposes or for commercial solicitation purposes.
11. Disclaimers of Warranty.
The "Site", system and services are provided "as is", "as available" and "with all faults", and are used solely at the risk of the "User", to the fullest extent permitted by law. The "User" waives each and every one of the warranties, express or implied, of any kind, with respect to the System and / or the Services (including, among others, its software, functionality or any content included therein), in terms of title, non-infringement, precision, integrity, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, marketability, suitability for a specific purpose or absence of viruses.
The "User" agrees that any information they provide to the "Site" may be lost or destroyed, and that ETTERNITTY LIFE is not responsible for the loss of such information.
ETTERNITTY LIFE cannot guarantee that the "Site", the information and the Services will be free from errors and / or problems and / or other limitations. ETTERNITTY LIFE will not be responsible for the acts, omissions and conduct of third parties in connection with or related to the use that the "User" and / or their designated third parties make of the "Site" and / or the Services.
The "User" expressly accepts that any use or access to the "Site" is at the sole risk and responsibility of the user. Neither ETTERNITTY LIFE, nor any of its affiliates, officers, executives, directors, employees, licensors, agents, representatives, shareholders, sponsors and business partners warrant that the content, information, materials, Services or products of the "Site" are accurate and up-to-date, as well as that access to the "Site" will be uninterrupted or free of errors, security breaches, virus attacks and similar nature or that the "Site" and its servers are free of harmful components. Except as expressly stated in the ETTERNITTY LIFE Privacy Policy, ETTERNITTY LIFE does not make or provide any representation, warranty or condition of any kind, express or implied, regarding the security of any information that you may provide or activities in which you may participate during the use and / or access to the "Site" and the Services. The "User" assumes full responsibility for all digital files and personal data uploaded, releasing ETTERNITTY LIFE from any type of liability.
12. Limitation of liability.
Under no circumstances and as long as the law allows, ETTERNITTY LIFE or any of its subsidiaries, affiliates, officers, executives, directors, employees, licensors, agents, representatives, shareholders, sponsors and business partners will be liable for any direct damages, indirect, special, incidental, punitive, exemplary or consequential damages arising from the use of the "Site", System or any other claim related in any way to them. Likewise, it will not be responsible for the consequences that may be caused to the designated Third Parties of the "Users", including anguish or emotional or physical pain, reputation, personal injury, social damage, business or profits.
In the event that any authority determines any type of responsibility in charge of ETTERNITTY LIFE, the "User" acknowledges that this will be limited to the total amount that in his case would have paid to ETTERNITTY LIFE.
13. Dispute Resolution.
The "User" accepts that before submitting any claim against ETTERNITTY LIFE, he will seek to resolve any difference or claim in a friendly manner, for which, they may have conciliation meetings in person or electronically in which minutes will be drawn up of the points they have been agreed.
14. General Topics.
14.1. Applicable Law and Jurisdiction: These Terms shall be governed by the laws of Mexico City, the "User" renouncing any jurisdiction that may correspond to him due to his domicile. Any claim or dispute between the "User" and ETTERNITTY LIFE that arises in whole or in part from the "Site" and / or the Services will be decided exclusively by a court of competent jurisdiction located in Mexico City.
14.2. Entire Agreement: These Terms constitute the entire agreement between the "User" and ETTERNITTY LIFE with respect to the "Site" and the Services, and supersede any previous agreement.
14.3. Waiver, severability and assignment: The fact that ETTERNITTY LIFE does not enforce a provision of these Terms, does not mean and should not be understood as a waiver to exercise said right later. If it is determined that a provision of these Terms or the Privacy Policy is not applicable or enforceable, that situation will not affect the other provisions of these Terms or the Privacy Policy.
The "User" cannot assign any of his rights under these Terms, and any such attempt will be void. ETTERNITTY LIFE may assign its rights to any of its affiliates, subsidiaries, or, to any third party.
14.4. Modifications: The content of this "Site", Services, including these Terms, are subject to modification or change at any time and at the free discretion of ETTERNITTY LIFE. The "User" is recommended to periodically consult the Terms and Privacy Policy of ETTERNITTY LIFE for updates. Any modification or change will become effective once ETTERNITTY LIFE publishes it on the "Site", the "User" accepting such changes or modifications once they use and / or access the "Site".
14.5. Contact: Any question, doubt, claim, request or any other type of information required by the "User" may be requested at the following email address: info@etternittylife.com.
Last Updated Octiber 2022
LEGAL NOTICES
Intellectual Property and Confidentiality
All the content of this program, website, application and/or document (text, figures, lists, graphics, design, diagrams, as well as other graphic elements and/or audio and videos), whatever the format used (paper or electronic), is owned by Jorge Emmanuel Sánchez Morales (Etternitty Life).
This document includes ideas and information based on Etternitty Life's experience, know-how, intellectual effort / creativity. For these reasons, this material will not be used, reproduced, copied, revealed, transmitted, transformed, commercialized or communicated, in whole or in part, neither to third parties nor to the public, without the express and written consent of Etternitty Life.
People who have access to the content of this program, website, application and/or document must keep strict confidentiality of all information, without, in this regard, being understood as binding of rights in their favor.
This program, website, application and/or document is protected by applicable laws on copyright and/or intellectual property. Its unauthorized use is a violation of copyright and/or intellectual property.
Brand
The “Etternitty Life” brand and logo, as well as any other brand, notice or trade name appearing in this document are registered (reserved) trademarks and property of Etternitty Life, unless otherwise indicated. Unauthorized use or duplication of these are strictly prohibited by Intellectual Property laws.
The recipients of this document are expressly prohibited from reproducing, marketing, deleting, modifying, altering or usurping, either in whole or in part, the trademarks, notices and trade names owned by Etternitty Life, without the prior consent of the owner.
Any violation of intellectual property laws will be penalized by the corresponding national and international legislation.
If there is any doubt regarding the power or legal possibility to use the trademarks, names or commercial notices in this document, please immediately refrain from using them and contact us at the following email: info@etternittylife.com.