© 2008 Pleasant Fields eMemorial Gardens Ltd.
The user (person viewing, making use of, or person who purchased a related service) by using, recommending, linking, viewing, accessing, submitting, uploading, downloading, participating whether paid or not paid, any content or material regarding Pleasant Fields web site(s), you agree without limitation or qualification to the following Terms of Use;
If you do not agree, then you may not use this site.
DISCLAIMER: We are not a cemetery. We do not arrange nor provide for the internment of human remains. We are not a pre-need funeral service. We do not sell, arrange nor provide for funeral services. We are strictly a web design and page hosting service, nothing more.
SUTABILITY & DISCLAIMER OF WARRANTIES: The User agrees that use of this site or service is at user’s sole risk. The site and it’s use is provided on an “as is” basis.
Pleasant Fields expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, suitability, fitness for a particular purpose or use and merchantability.
Pleasant Fields makes no warranty that the site or service will meet the user’s requirements, or that the service will be uninterrupted, timely, secure, or error free.
Pleasant Fields makes no warranty that the results from the site or service as to the accuracy or reliability of any information obtained nor that defects will be corrected.
User understands and agrees that any material downloaded or otherwise viewed or obtained through or by means of the site, is done at user’s own discretion and risk.
Pleasant Fields does not represent or warrant content or suitability of third parties linked from or to the site.
User understands and agrees that any material uploaded or otherwise provided to the site from user is at user’s sole discretion and risk. Pleasant Fields makes no warranty as to the suitability by acceptance of such material.
COPYRIGHT: ©2008 by Pleasant Fields eMemorial Gardens Ltd. P.O. Box 701286, Kapolei, Hawaii USA 96709. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. All content including, but not limited to, design, illustrations, photos, images, music, lyrics, poems, articles, text, guest book, memorial, obituary, audio, video, domain names, trade secrets, intellectual property and proprietary information, are reserved, and may be protected by U.S. & International copyright law, treaty, trade mark, license, statue and common law.
All material on this site originated with Pleasant field’s Musicians, Photographers, Web Designers, or a license was paid to use such material from a stock agency. Other material was also used in what Pleasant Fields in good faith believed was public domain. And user provided content which Pleasant Fields in good faith believed the user had the right to provide.
The user may not upload or post content to the site unless the user is the copyright owner of said material. Any photo or music submitted is a statement by you that you have the RIGHT TO USE said material. That you own the copyright or a licence to use it. Purchasing a music CD or downloading a song, does not give you the right. You must own the copyright or have a royalty free licence or proof of public domain. Photographers own the copyright to every photo they take, even if you are the subject, you need to obtain their permission. We do not dispense legal advise and will not determine what you may or may not use. It is your responsibility to obtain and keep proof of your right to use said material.
Compliance with the Digital Millennium Copyright Act of 1998. If you believe in good faith that content or material hosted by this site (Pleasant Fields) infringes your copyright, you may contact us with written notice requesting the material be removed. Request must identify the material with specificity and provide proof of your ownership of said material, or that you are an agent thereof. After receipt of said notice we will remove or block access to said material or content.
Pleasant Fields grants permission (may be revoked at any time for any reason or no reason) for the user to view the site, access, recommend, post, upload, download, email, print individual page, solely for the user’s own personal, non-commercial use, provided the user does not remove or defeat any copyright notice. No other use is permitted without the express written permission of the content owner.
LINKS: Links may be freely made to our web site or it’s pages and are encouraged. However, you may not deep link to elements of the site, including but not limited to, music, sound effects, graphics and photos.
PRIVACY / PUBLIC: All information or content in or provided to Pleasant Fields is public and available to internet search engines. As such is publicly viewable. No provision is made to keep any content private. However, there is no guarantee that search engines will find any material posted. If you want to keep information private do not upload or post it.
CONTENT OWNERSHIP: User grants Pleasant Fields and it’s representatives, associates, and web sites the right to make use of all content uploaded or provided by user including but not limited to, distribution and publication.
Pleasant Fields reserves the right, solely at Pleasant Field’s discretion, to erase, edit, modify, omit, or substitute any content or material.
User agrees that display of any content or use of material does not constitute an endorsement. Pleasant Fields neither endorses nor assumes responsibility for any provided or uploaded content.
The web page designed created or posted becomes and remains the property of Pleasant Fields. Any claim ariseing from purchase of eMemorial or our service is limited to the first 30 days.
SUBMITED MATERIAL: All material submited will NOT be returned. If you mail us a photo, please have a copy of the photo made first at a local photo lab or verify that you have the negative.
PRESUMPTION: Pleasant Fields presumes that the person who pays for the service has the right to do so, including to contract, obtain, modify, cancel said service for a period of 30 days from the date that the web page or memorial appears on the internet.
After 30 days no presumption is made as to who has the authority to speak on behalf of the interested parties, including but not limited to, the purchaser, the deceased wishes, relatives, friends, general public. Therefore user agrees, apart from governing law or declatory judgment to the contrary, to defer to Pleasant Field’s sole discretion and judgment.
PRICE: All amounts paid or billed, including but not limited to, Service or Subscription or Purchase is to sponsor the first 30 days period of time, beginning when page first appears. After 30 days, continued service is at no charge for perpetuity.
REFUND / TRANSFER: All purchases or use of service and web site or web memorial is not transferable and non refundable.
CANCELATION: Pleasant Fields may terminate the service, web page, memorial, guest book, or site, with or without cause, at its sole absolute discretion, or to modify, suspend, or discontinue at any time, with or without notice, including but not limited to the site’s features, look and feel, or functional elements and services.
The person who paid for the service, may cancel service within 30 days for any reason upon written notice to Pleasant Fields eMemorial Gardens Ltd. P.O. Box 701286, Kapolei, Hawaii U.S. 96709. Notice must specify particulars of cancellation and authority to do so. Pleasant Fields reserves the right to verify cancellation before accepting said cancellation. No refunds will be made.
After 30 days cancellation will be at Pleasant Field’s sole Discretion in keeping with the belief that memorials shall be disturbed as little as possible.
Pleasant Fields shall not be liable to any third party arising from cancellation or failure to cancel.
CORRECTIONS: User agrees that memorials should be disturbed as little as possible. Once posted correction are not guaranteed.
As a courtesy Pleasant Field will allow one set of corrections for misspelling of names or incorrect dates and other compelling reasons, to be made within 30 days of web page appearance. This does not include changing or correcting the provided email and deceased's first and last name.
Within 30 days from the web page appearance on the web, Pleasant Fields presumes that the person who paid for this service holds the sole right to submit the correction request.
Pleasant Fields reserves the right, at anytime, to make corrections as needed, including but not limited to, monitoring web page and guest book content, removing, deleting or editing, content that is offensive, vulgar, or defacement. However these corrections are not guaranteed. Or to substitute photos and music should copyright be in question.
GRAFFITI: Vulgar and offensive defacement is prohibited. Any damage resulting may make the person responsible for said vulgar or offensive graffiti liable to both Pleasant Fields and to the user who leased the page service. Further the perpetrator may be subject to criminal prosecution.
LIABILITY: In no event shall Pleasant Fields, it officers, agents, web developers, musicians, photographers, be liable to you the user, for any direct, indirect, special, punitive, tort, incidental, exemplary or consequential damages, including actual or punitive, or any loss or damages whatsoever, whether in an action under contract, negligence, or any other theory, in any manner, including failure to perform, suitability, representations, access or loss of data or content, error, defamation, libel, slander, omission, falsehood, obscenity, danger, or inaccuracy contained in the service or site.
The user views or uses site and service strictly at his or her own risk and agrees not to hold Pleasant Fields liable for any reason whatsoever.
User of service and or site, agrees that in the event that said site or service is unsatisfactory, or does not agree to the terms of use, that user’s sole and only remedy is to discontinue use of site.
In any case user agrees that Pleasant Fields liability shall not exceed the amount user paid (if any) to Pleasant Fields to use said site.
User agrees to indemnify Pleasant Fields for any action resulting from user’s use of site and for any action resulting from content provided to Pleasant Fields by user.
Jurisdiction for disputes brought against Pleasant Fields shall be the state of Hawaii.
LEGAL ADVISE: Pleasant Fields will not advise you in legal matters.
PERPETUAL / PERMANENCE OF MEMORIAL: Pleasant Fields reserves the right to cancel, modify, substitute, omit, edit, the service or site, at any time for any reason or no reason.
Pleasant Fields eMemorial Gardens Ltd. Is a corporation established for a perpetual period of time. As its own entity Pleasant Field’s existence can survive its officers, board, caretakers and contributing parties for a perpetual period of time. Including preservation of the web site and included memorials.
However, all things eventually come to an end. Perpetual as used in this site only means a continuing undetermined period of time. It exists as long as it exists.