Your use of the eMemorial facebook application or services signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of this agreement.
Although eMemorial attempts to ensure that all information contained on this application is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. eMemorial does not make any warranty that the application is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMEMORIAL OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EMEMORIAL LIMTED'S EMEMORIAL APPLICATION, AND SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF EMEMORIAL APPLICATION, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER OR PHONE.
By participating in viewing or accessing eMemorial application, and/or using eMemorial applications, products provided by eMemorial (hereinafter referred as eMemorial), you (participant/player) agreed and accept unconditionally, all of these Terms and Conditions prior to your participation in eMemorial. We reserve the right to modify, alter and update these Terms and Conditions at any time without prior any notice. If these Terms and Conditions amendments are not accepted in full, you are strongly advised not to participate in eMemorial services.
eMemorial reserves the right to change any aspect of this eMemorial service without any prior notice.
eMemorial will not be responsible or liable for:
1. any failure to receive entries owing to transmission failures and other conditions beyond its reasonable control or
2. any printing, typographical errors, or misinterpretations in any materials associated with the application.
eMemorial does not target the eMemorial application or its services to users under 12 of age. There may be certain access restrictions placed on any under 12 year old users. You agree that if you assist users under 12 years old to access the eMemorial application or services, with your computer, hand phone, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither eMemorial, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the application by users under 12 years of age, even if such party has been advised of the possibility of such damages.
For participants under the age of 18 years old, they must first seek parental consent/permission/approval before proceeding with any eMemorial services.
If eMemorial is not capable of running as planned due to any reason (including, but not limited to fraud, a state of emergency, natural disaster, war, technical failures/glitches or any other causes) eMemorial reserves the right to cancel, modify, terminate or suspend eMemorial services.
Users may be banned or accounts suspended or terminated on the entire eMemorial application if inappropriate language or inappropriate behavior as determined by eMemorial. Inappropriate language and/or inappropriate behavior are not allowed on eMemorial application. eMemorial is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
- Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be:
- Defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
- Bigoted, hateful, or racially offensive;
- Vulgar, obscene, or sexually explicit (language or images); or that
- Encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other
material that infringes and/or violates any right of a third party or any domestic or international law,
rule, or regulation, including but not limited to:
- Copyright, patent, trademark, or other proprietary rights;
- Right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
- Any confidentiality obligation;
- Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others for commercial purposes of any kind,
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
- Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet;
- Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any thread.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by eMemorial.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a eMemorial application in violation of the law.
Personally Identifiable Information
Personally Identifiable Information is any information that personally identifies you. When you create a memorial, we ask for your personal details including email.
eMemorial has the rights to ban, edit, or remove any memorials created, that are found bearing any abusive, improper, or vulgar content(s) or images(s).
eMemorial is not responsible for the links to or from its application and the inclusion of these links does not mean that eMemorial endorses the material or content of these sites.
eMemorial accepts no responsibility for any third party advertisements or pop-ups that may appear on eMemorial application.
The laws of the Malaysia govern this agreement, without giving effect to conflict of law's provisions. The courts of the Malaysia have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless eMemorial wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.
- 1.1 eMemorial uses multiple online payment service providers to allow users to give donation and to receive donation.
- 1.2 Beneficial Owner. Registered users for a eMemorial is the Beneficial Owner.
- 1.3 Sending Transaction Fee. eMemorial will charge 5% of every transaction for Online Donation to the user that gives the Online Donation.
- 1.4 Withdrawal of Online Donation.
- 1.4.1 Beneficial Owner can request to withdraw the accumulated Online donation, after the end of the collection period set by the Beneficial Owner
- 1.4.2 Ememorial will give a total donation to Beneficial Owner by Paypal, cheque or bank transfer.
- 1.4.3 eMemorial will process the withdrawal within fourteen (14) working days.