Terms and Conditions

STANDARD TERMS OF USE

These Terms and Conditions ("Terms") govern the use of Soaring Angels Emblems and Soaring Angels Stickers ("Emblems" and "Stickers") services provided by ReMemory Designs to customers ("Users"). By purchasing and/or using Emblem, Stickers, and related services, users agree to abide by these Terms. 

Acceptance of Terms:

1. Users agree to be bound by these Terms upon purchasing and/or using the Emblems, Stickers and services provided by ReMemory Designs.

Emblems/Stickers Purchase and Use:

1. Users may purchase Emblems and Stickers for personal or memorial use only.

2. Emblems and Stickers are intended for application on gravestones, urns, or memorial markers only.

3. Users agree not to use Emblems or Stickers for unlawful, fraudulent, or inappropriate purposes.

4. Using ReMemory Designs services on behalf of an organization. To use our services on behalf of an organization:

• An authorized representative of that organization must agree to these terms.

5. Age requirements - If you’re under the age required to manage your personal Google Account, you must have your parent or legal guardian’s permission to use ReMemory Designs products and services. 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.

Feedback:

1. If you submit Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use your Feedback for any legal purpose, including incorporating it into our products and services. 

QR Code Content:

1. Users are solely responsible for the content linked to the QR codes on the Emblems.

2. Content linked to QR codes must comply with all applicable laws and regulations.

3. The Company reserves the right to refuse or remove any inappropriate, offensive, or unlawful content.

Payment and Fees:

1. Users agree to pay the specified fees for purchasing Emblems, Stickers and related services.

2. All fees are non-refundable once Emblems or Stickers have been produced and/or services rendered, except as provided by law and our cancellation policy (95% of all payments are refundable for cancellations done by 10:30 am the next day).

Intellectual Property:

1. ReMemory Designs retains all rights, title, and interest in the Emblems and Stickers, including any intellectual property rights.

2. Users may not reproduce, distribute, or modify the Emblems without written consent from ReMemory Designs.

Limitation of Liability:

1. ReMemory Designs shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Emblems, Stickers or services provided.

2. ReMemory Designs' total liability, whether in contract, tort, or otherwise, shall not exceed the fees paid by the user for the Emblems, Stickers, and services.

Indemnification:

1. Users agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, or losses arising from the user's breach of these Terms or use of the Emblems, Stickers, and services.

Modifications:

1. The Company reserves the right to modify or update these Terms at any time.

2. Terms may be amended occasionally and we 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://www.rememorydesigns.org; or ii) distribution of the amended Terms or supplemental terms regarding the applicable Service(s). Continued use of the Emblems, Stickers, and services constitutes acceptance of the modified Terms.

Governing Law:

1. These Terms shall be governed by and construed by the laws of Jamaica.

2. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Jamaica.

Miscellaneous:

1. No Waiver - Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision. 

2. Publicity - By entering into an Agreement with us, you consent to the inclusion of your name, information, content, and logo in a customer listing as part of our website and marketing materials. For example, to promote a ReMemory Designs product, website, or app, we might quote a review you wrote, or to promote ReMemory Designs, we might show a screenshot of the app you offer on the website.

3. Definitions - Some of the terms defined below may not appear in these Terms, but instead in an Order Form governed by these Terms. 

• “Cause” means any material breach of the Agreement, including your failure to pay undisputed amounts by the Past Due Date. 

• “Content” means any data you provide to us for you to use the Platform. 

• “Documentation” means materials concerning the Platform that we distribute generally to our customers, including manuals, descriptions, instructions, and training materials, but does not include software code. 

• “Feedback” means suggestions, recommendations, enhancement requests, ideas, or other feedback related to the Platform. 

• “Infrastructure Provider(s)” means any underlying carrier, cloud services provider, data center, or other infrastructure provider of Turning Hearts. 

• “ReMemory Designs” “us” or “we” means ReMemory Designs and its Affiliates. 

• “ReMemory Designs Intellectual Property” means all patents, copyrights, trademarks, service marks, trade dress, logos, product or service names, ideas, designs, concepts, object and source code, APIs, Resulting Information, know-how, and functionalities related to the Platform, including software, Documentation, solutions overviews, business requirements documents, statements of work, or the like. 

• “Emblem/Stickers” means the physical object with a unique QR code etched into the surface and purchased by you from ReMemory Designs.

• “Order Form(s)” means any document accepted by ReMemory Designs for ordering products or services, including Service Contracts, purchase orders, statements of work, appendices, and emails, regardless of whether such document references these Terms. 

• “Our” means belonging to or associated with ReMemory Designs. 

• “PII” means sensitive personally identifiable information. 

• “Platform” or “ReMemory Designs Platform” means ReMemory Designs products, services, hosting environment, and related documentation. 

• “Resulting Information” means data created by, or resulting from, the use of the Platform, including analyses, statistics, reports, and aggregations, which may include: (i) agent identifier; (ii) phone, text, chat, email, skills, and work performance metrics; (iii) information related to your registered devices; and (iv) technical, aggregate statistics and traffic patterns derived from the Content (but not including the Content), all of which shall be considered ReMemory Designs Confidential Information. For the avoidance of doubt, the term Resulting Information does not include personally identifiable information, such that there is no reasonable basis on which any individual, or the Customer itself, could be identified by the Resulting Information. 

• “You” or “your” means the legal entity listed as “Customer” on an Order Form.

By purchasing and/or using the Emblems, Stickers, and services provided by ReMemory Designs, users acknowledge that they have read, understood, and agreed to these Terms and Conditions.