TERMS AND CONDITIONS OF USE


This agreement governs your use of the Zachary Douglass Web site

This Web site is owned and operated by Zachary Douglass LLC ("Zachary Douglass"). Access and use of this Web site is provided by Zachary Douglass to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use the Web site.

Zachary Douglass may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

License
Our Web site grants you the following license to use the funeral program templates and our custom photo editing software (the "products") sold through our Web site in accordance with these Terms and Conditions (the "license") issued by our company, as follows:

Membership Usage License

You are granted a Membership Usage License in case of purchasing one of our standard membership packages. Membership rights cannot be distributed to other funeral homes, businesses, or any individuals. Funeral home chains cannot distribute membership rights to their subsidiaries. A membership must be purchased for every funeral home using the product.

This membership enables a single place of business and or individual to use Zachary Douglass’ templates and photo editing software for the duration of the paid membership. ONCE MEMBERSHIP EXPIRES, THE RIGHT TO ALL ZACHARY DOUGLASS PRODUCTS ALSO EXPIRE (THIS INCLUDES, BUT IS NOT LIMITED TO, ALL FUNERAL PROGRAM TEMPLATES AND CUSTOM PHOTO EDITING SOFTWARE). ZACHARY DOUGLASS RESERVES THE RIGHT TO AUDIT EXPIRED MEMBERSHIPS UPTO 2 YEARS AFTER CANCELATION FOR SAID MEMBERSHIP.

Imagery and Graphics
All imagery and graphics used in our products are photos that have been enhanced by our graphical team and are an integral part of our products. The Membership Usage License does not allow you the right to use or modify in any way, our imagery to develop other projects. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is.

Intellectual Property

All materials (including but not limited to the organization and presentation of such material, templates, software, and software upgrades) on this Web site (the "Materials") are the property of Zachary Douglass and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Zachary Douglass, any other use of these Materials without Zachary Douglass' written permission is prohibited.

The Materials may only be used and copied for your funeral home usage, provided that copyright and other intellectual property laws in connection with the use of Zachary Douglass will not be violated.

Ownership of IP
You do not claim intellectual property right or exclusive ownership to any of our original products, modified or unmodified. All original products, modified or unmodified, are property of Zachary Douglass. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

Customizations
Zachary Douglass does not customize any of our customers finished products as part of the standard Membership Usage License. Customization is a paid service which is not included in the Membership Usage License package price. Zachary Douglass has no obligation to create customized art work, but reserves the right to accept or deny such inquires.

Assignability
As a Member or One Time User, you shall not sub-license, assign, or transfer any products (including but not limited to: templates, manipulated art work, and photo editing software) mentioned above to any entity without prior written consent from our company.

Privacy

Zachary Douglass is committed to respecting the privacy of the personal information of the individuals with whom we interact. All payment information gathered is strictly confidential. Membership information will be used for internal purposes only and never sold or redistributed in any way.

Currency of Web site

Zachary Douglass updates the information on this Web site regularly. However, Zachary Douglass cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Zachary Douglass may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Web Site and Materials Provided "As Is"

This web site and the materials are provided "As Is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Zachary Douglass does not represent or warrant that this web site or the materials will meet your requirements or that their use will be uninterrupted or error free.

Limitation of Liability

You assume all responsibility and risk for use of this web site and the materials including without limitation any of the information contained therein.

In no event shall Zachary Douglass or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms of use, including without limitation your use of, reliance upon, access to, or exploitation of this web site, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under these terms of use or the use or exploitation of any or all part of this Web site or the materials in any manner whatsoever shall be limited to five ($5.00) U.S. Dollars.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Zachary Douglass monitors or endorses these Web sites. Zachary Douglass does not accept any responsibility for such Web sites. Zachary Douglass shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Zachary Douglass shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Zachary Douglass recommends that you install appropriate anti-virus or other protective software.

Indemnification

You agree to indemnify and hold Zachary Douglass harmless against all claims or liability asserted against Zachary Douglass arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement

Zachary Douglass LLC respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Zachary Douglass with a written communication addressed to our CEO including substantially the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Web site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send this information to the following email address - info@zacharydouglass.com

Email

Feel free to email Zachary Douglass at info@zacharydouglass.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Zachary Douglass is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • Zachary Douglass has no obligation concerning such information;
  • the information is non-confidential;
  • Zachary Douglass may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Web site is controlled, operated and administered by Zachary Douglass from within the state of Utah, United States of America. This Web site can be accessed from all states and territories of the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Utah, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the state of Utah and the federal laws of United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of Utah and acknowledge that you do so voluntarily.

This site and our competitors are closely monitored daily to prevent illegal usage of our products. If you are a competing site and are thinking about using our products for resale, you do not have permission to do so. This is a serious copyright infringement and violators will be prosecuted accordingly by our legal department.

General

Zachary Douglass’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

You also agree to comply with all other policy and producers that are found on the Zachary Douglass website.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this Web site or these Terms of Use, please contact Zachary Douglass at info@zacharydouglass.com or via phone at (435) 862-7577.