PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. THE SERVICE
1.1 Okeepo is a restricted access website that allows registered users to create profiles, upload photos and video and store documents thereby creating a lifeline of important events in their lives. It allows its registered users to grant access to all or part of their profiles to selected friends and family only (“the Service”).
1.2 Within each Subscriber’s personal profile, there are several key components. The main component is the Lifeline, where you can build your own basic lifeline using our easy to use guides. You can store family documents, precious photographs and unique audio files. You can also create private family photo albums, an events calendar and even your own personal calendar with appointments, birthdays and reminders.
1.3 We agree to provide the Service to You on and subject to these terms.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, You must comply with this Acceptable Use Policy.
2. USER SUBSCRIPTIONS
2.1 Subject to You purchasing a yearly subscription (“User Subscription”) in accordance with these terms and conditions, We hereby grant to You a non-exclusive, non-transferable right to use and to permit those persons authorised by You (“Authorised Users”) to use the Services during the term of the subscription.
2.2 In relation to the Authorised Users, You agree that:
(a) the maximum number of Authorised Users that You authorise to access and use the Services shall not exceed the number of User Subscriptions You have purchased from time to time;
(b) each Authorised User shall keep a secure password for their use of the Services, that such password shall be changed no less frequently than [MONTHLY] and that each Authorised User shall keep their password confidential;
2.3 You agree that You shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that may breach our Acceptable Use Policy:
2.4 You agree that You will not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
(i) and except to the extent expressly permitted under these terms and conditions, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; or
(b) access all or any part of the Site in order to build a product or service which competes with the Services; or
(c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except the Authorised Users, or
(d) attempt to obtain, or assist third parties in obtaining, access to the Service, other than as provided under clause 3.
2.5 You agree to use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify Us.
3. ADDITIONAL USER SUBSCRIPTIONS
3.1 You will be granted access for six Authorised Users under your User Subscription.
3.2 You may, from time to time during any Subscription Term, purchase additional User Subscriptions in excess of the number set out in clause 3.1 via the website.
3.3 If You purchase additional User Subscriptions part way through your initial subscription term or any renewal period (as applicable), the fees will not be pro-rated for the remainder of Your subscription term. Any new bundles purchased will renew on the anniversary of their purchase date.
4. ACCESSING OUR SITE
4.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to You if for any reason our site is unavailable at any time or for any period.
4.2 You are responsible for making all arrangements necessary for You to have access to our site.
5. YOUR OBLIGATIONS
(a) make any part of the Service available to anyone, except as permitted under these terms or authorised by Us in writing;
(b) alter any part of the Service;
(c) purport to assign or otherwise dispose of Your rights under these terms.
5.2 You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Service using accounts created for You.
5.3 You agree to defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with Your or Your Authorised User’s misuse of the Service.
5.4 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Services. You should use Your own virus protection software.
6. YOUR ACCOUNT AND PASSWORD
6.1 If You or your Authorised Users choose, or You are provided with, a user identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential. You must not disclose it to any third party.
6.4 If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at firstname.lastname@example.org.
7. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that We own all intellectual property rights in the Service and the Site. Nothing in these terms, will grant any rights to You in or to, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service or the Site.
8. UPLOADING CONTENT TO OUR SITE
8.1 Whenever You make use of a feature that allows You to upload content to our site, make contact with your Authorised Users, or allow your Authorised Users to see content on your Account, You must comply with the content standards set out in our Acceptable Use Policy.
8.2 You warrant that any such contribution does comply with those standards, and You will be liable to us and indemnify us for any breach of that warranty.
8.3 Any content You upload to our site will be considered confidential. You retain all of your ownership rights in your content, but You are required to grant us a limited licence to display and store the content.
8.4 We have the right to remove any upload You make on our Site if, in our opinion, Your post does not comply with the content standards set out in our Acceptable Use Policy.
9. RIGHTS YOU LICENCE
9.1 When You upload content to our site, You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to display and store, that content in connection with the services provided by our site.
9.2 We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
10. CHARGES AND PAYMENT
10.1 You agree to pay the subscription fees (as amended from time to time) for the User Subscription.
10.2 You agree to provide to us valid, up-to-date and complete credit card details to enable us to process the Subscription Fee and You hereby authorise Us to bill such credit card.
10.3 We may, without liability to You, disable Your password, account and access to all or part of the Service while the Subscription Fee remains unpaid.
10.4 We will be entitled to increase the Subscription Fees, the fees payable in respect of the additional User Subscriptions purchased pursuant to clause 3 at the start of each renewal period upon giving you 90 days’ prior notice.
11. CHANGES TO THESE TERMS
12. CHANGES TO OUR SITE
12.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
12.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
13.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
13.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. LIMITATION OF OUR LIABILITY
14.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
14.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
14.4 We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
14.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
15.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
15.2 We have no control over the contents of those sites or resources.
16. APPLICABLE LAW