Tribute Tag by Hearts Tribute Standard Terms of Use

These Tribute Tag Standard Terms of Use (the “Terms”), together with any Additional Terms, Policies, or Purchase Orders (collectively, the “Agreement”), contain the terms and conditions upon which Hearts Tribute and its Affiliates (“Hearts Tribute”, “we”, and “us”) provide Services to you, the customer (“Customer”, “you”, and “your”), and govern your use of the Tribute Tag Platform. In the event of a conflict between these Terms and any transaction-specific language found in a Purchase Order, the Purchase Order shall control.

About The Terms

  1. These Terms govern access to or use by You (i.e., the Customer) of the Services and the Tribute Tag Platforms.
  2. These Terms supersede all prior agreements or arrangements, verbal or written communications, with You, except if You are a Customer who has entered into a separate Master Services Agreement with Hearts Tribute.
  3. We may cease offering or deny access to the Services and online Platform or any portion thereof at any time for any reason. The exchange of value and consideration for these terms of use is the physical Tribute Tag and its associated purchase price.
  4. Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be accessible by You in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
  5. We may amend these Terms from time to time and strongly encourage You to return regularly to this page to review the current Terms. Amendments will be effective upon Our posting of i) updated Terms on this webpage and/or via a link on our website homepage https://tributetag.com; or ii) distribution of the amended Terms or supplemental terms regarding the applicable Service(s). By continuing to use the Services following any update or amendments to the Terms, You consent and agree to be bound by the Terms as amended.

Your Tribute Tag Online Account

If you meet the age requirements you can create a Tribute Tag Account for your convenience. Some services require that you have a Tribute Tag Account in order to work — for example, to post or comment on a page, you need a Tribute Tag Account so that you have a place to send and receive your information. You’re responsible for what you do with your Tribute Tag Account, including taking reasonable steps to keep your Tribute Tag Account secure, and we encourage you to regularly change your password and update security as necessary.

Using Tribute Tag services on behalf of an organization

To use our services on behalf of an organization:

  1. An authorized representative of that organization must agree to these terms.
  2. Your organization’s administrator may assign a Tribute Tag Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Tribute Tag Account.

Customer Responsibilities

Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

  1. Comply with applicable laws, including export control, sanctions, and human trafficking laws.
  2. Respect the rights of others, including privacy and intellectual property rights.
  3. Don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking others.
  4. Don’t abuse, harm, interfere with, or disrupt the services.

Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse.

Non-Exclusive Access Grant

You are granted non-exclusive, non-transferrable, and revocable access to the Tribute Tag Platform solely for Your individual or business purposes, subject to these Terms. This access is limited by the restrictions listed below, as well as user count, location, term, and other transaction-specific details that may be found in an Order Form.

Restrictions

You may not reproduce, resell, assign, grant access to, license, sub-license, market, or otherwise distribute the Platform or any Tribute Tag Intellectual Property. You also may not:

  1. Attempt to reverse engineer, decompile, disassemble, or otherwise translate or modify the Platform or any Tribute Tag Intellectual Property.
  2. Defeat, disable, or circumvent any protection mechanism related to the Platform, including network, application, or information systems scanning or performing penetration testing.
  3. Allow any third party, with the exception of our authorized maintenance providers, to maintain or repair the Platform.
  4. Allow or encourage any third party to do any of the foregoing.

Age Requirements

If you’re under the age required to manage your own Google Account, you must have your parent or legal guardian’s permission to use a Tribute Tag Account. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.

Disclaimer of Warranties

The Platform is provided as-is. We do not provide any warranty for the Platform, and specifically disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement as well as effects or damage to Tribute Tags caused by weather, normal wear and tear or incidental damage and theft.

Suspension/Termination

You are responsible for all activity that occurs via your account. Services may be suspended for Cause or use of the Platform in a manner that may be unlawful, may harm Hearts Tribute or a third party, or materially hinder performance of the Platform. Accounts may be terminated for Cause by giving written notice of such Cause to the nonbreaching party. Termination for Cause will be effective thirty (30) days after receipt of such notice if such Cause is not cured in all material respects.

If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties, or Hearts Tribute, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, content that promotes/encourages/endorses violence and content that infringes someone else’s intellectual property rights.

Compliance with Laws

Both you and Hearts Tribute shall comply with applicable laws. You are solely responsible to monitor your account for illegal or fraudulent use. If either you or we become aware of a violation of applicable law by itself or the other party, or illegal or fraudulent use, that party must promptly notify the other party of the violation.

Export Restrictions

Cloud Services may be subject to U.S. Export Administration Regulations. None of the Cloud Services, Documentation, or underlying information or technology may be downloaded or otherwise exported or re-exported into a country to which the U.S. has embargoed goods; to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or to any country who is considered by the U.S. as a supporter of international terrorism without proper authorization from the U.S. government. Customer shall indemnify, defend, and hold Hearts Tribute harmless of and from any and all damages incurred by Hearts Tribute as a result of the Customer’s failure to obtain the necessary licenses to export, re-export, or import the Cloud Services or Documentation, or for any other breach of these Terms.

Content

You retain all rights in and title to your Content except as expressly granted herein. Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

We may access, view, display, or listen to your Content in the course of providing the Platform, for example, to (a) provide the Platform; (b) respond to support requests; (c) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (d) enforce the Agreement. When you upload Content to the Platform, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license during the Term to use, reproduce, display, distribute, modify (so as to better showcase your Content, for example), perform, and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). Except to the extent granted herein, we disclaim any rights of title to your Content. You warrant that (a) you are the owner or authorized licensee of the Content and have all necessary licenses, consents, authorizations and waivers for the use of the Content; and (b) the Content and your use of the Platform at all times complies with the Agreement.

Other Content

Our services may give you access to content that belongs to other people or organizations — for example, a friend’s page of a deceased family member or an obituary from a newspaper article. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Hearts Tribute views.

Privacy and Security

It is Your sole responsibility to keep Your account, ID/user name, password, Content, and other private or sensitive information confidential. You understand and agree that You are solely responsible for all computer password,