Terms and Conditions of the use of our services
Terms & Conditions of Da Vinci Forum LLC, the operators of this website, and our services. By using our services, you confirm that you are of sound mind and body, and are of legal age where you reside
One of our first priorities with Da Vinci Forum LLC (Da Vinci Forum) of Switzerland, is to execute our client's wishes, despite other interferences which might come along. We also wish to
(1) avoid any problem with third party copyright,
(2) ensure we can fulfill any promises we make by being around so that we can service your account for the foreseeable future,
(3) generally ensure that the site keeps to its purpose of providing exceptional and innovative online legacy communication services for its largely religious clientele and, of course, and
(4) prevent any potential abuses of our system.
Further, by registering with Da Vinci Forum or its affiliates, you agree to the following:
*If you are using our Heaven's Mail - it's Eternal® service, it is necessary that, when you sign up and begin the process of writing letters and providing photos for later delivery, we own the copyright in these original works of authorship. Why? Because if you don't assign copyright in these works, then the copyright ownership falls in the hands of your heirs who can then require that we deliver all of their property in our possession immediately upon demand and so not according to your wishes expressed in your service agreement with us.
Nevertheless, you may use the works you submit that you created as you see fit given the fact that, upon registration, Da Vinci Forum grants you a royalty-free lifetime, fully-paid-up license to modify, delete or otherwise alter works which you have assigned to us and/or do assign to us in the future. If you wish to permanently remove your works from our site, you may request that copyright ownership in these works be re-transferred to you, which will be done upon receipt by Da Vinci Forum of a listing of works for which you claim copyright.
We reserve the right to accept, or not, any candidate client, registrant or service order at our sole discretion without notice. For example, any sending of unsolicited or inappropriate emails or letters will result in the suspension of the forwarding services without refund, at the sole discretion of Da Vinci Forum. Further, you agree to provide accurate information about yourself and use your real name, and to pay for our services using a method clearly identified with your real name, such as credit card payment, that allows us to verify whether the person paying and the person registered is one and the same person. Bitcoin or the like is not accepted. You agree that if your identity at time of payment does not match the name you registered with, we may cancel your membership and refund any fees paid, minus a handling charge sufficient to cover our cost for having processed the payment.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in Da Vinci Forum pages or communications. Although Da Vinci Forum will attempt to take all reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.
You understand and agree that your memorial website or your packages may not be transferred or sold to third parties or be legated to your heirs because upon your death because we become the owner and custodian of your memorial and any related service order contents.
You understand and agree that, when used in this website, the term "unlimited" when referring to storage space, means "unlimited within reason" or as otherwise limited by footnote, whichever is less, and Da Vinci Forum may reject any uploads that exceed acceptable size limitations or which are not necessary for purposes of creating a thoughtful, lasting memorial of appeal to visitors of any of the Da Vinci Forum websites.
You understand and agree that, when used in this website, the term "unlimited" when referring to storage space, means " unlimited within reason " or as otherwise limited by footnote, whichever is less, and Da Vinci Forum may reject any uploads that exceed acceptable size limitations or which are not necessary for purposes of creating a thoughtful, lasting memorial of appeal to visitors of any of the Da Vinci Forum websites.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in Da Vinci Forum pages or communications. Although Da Vinci Forum will attempt to take all reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out. Of course, we cannot be responsible for misuse of our services, including, with regard to Heaven's Mail – it’s Eternal®, possible false starts. Unless you elect a Guardian to execute your service order (the default basis), we must rely on the initiation terms you give us to begin the service order. If you are not able to communicate with us to cancel or defer the order, it is likely that it will be started too early. Therefore, it is up to you to decide how to initiate the service and to bear all risk and responsibility for such initiation.
DA VINCI FORUM OFFERS ITS SERVICES WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BY SUBMITTING A MEMORIAL APPLICATION, SUBSCRIBING TO OUR SERVICES OR REGISTERED YOUR EMAIL WITH US, YOU AGREE THAT DA VINCI FORUM (OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, ITS PARENT, SUBSIDIARIES, FOUNDERS OR EMPLOYEES, HEREIN "DA VINCI FORUM") LIABILITY TO YOU, SHALL IN NO INSTANCE EXCEED $10US OR THE COST OF SERVICE YOU ORDER, WHICHEVER IS GREATER, AND THAT YOU AGREE NOT TO JOIN IN ANY CLASS ACTION SUIT AGAINST DA VINCI FORUM, ITS EMPLOYEES, DIRECTORS, OR FOUNDERS FOR WHICH THE TOTAL AGGREGATE DAMAGES SOUGHT EXCEED $10,000US, EVEN THOUGH IN SUCH CASE YOUR PRO-RATA DAMAGES DO NOT EXCEED THE GREATER OF $10US OR THE COSTS OF THE SERVICE YOU ORDERED. IN OTHER WORDS, YOU AGREE AND UNDERSTAND THAT DA VINCI FORUM’S LIABILITY UNDER ALL CIRCUMSTANCES IS CAPPED AT $10,000US FOR ANY ACTION, CLASS ACTION OR INCIDENT. YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR YOUR POSTING AND FOR YOUR BREACH OF THESE TERMS OF SERVICE AND THEREFORE YOU OR YOUR ESTATE AGREE TO INDEMNIFY AND HOLD DA VINCI FORUM HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, EXPENSES, OR LOSSES FOR DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY, INCLUDING REASONABLE ATTORNEY'S FEES ARISING DIRECTLY OR INDIRECTLY (i) FROM INFRINGEMENT BY YOU OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT OR (ii) FOR YOUR DIVULGING ANY CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION OF OTHERS, OR FOR ANY LIABILITY FOR SLANDER, OR LIBEL RESULTING FROM ANY COMMENTS OR (iii) FOR POSTINGS YOU MIGHT MAKE ON YOUR MEMORIAL OR THROUGH HEAVEN'S MAIL - IT'S ETERNAL® OR ANY OTHER DA VINCI FORUM SERVICE, OR (iv) OTHERWISE, WITHOUT LIMITATION, FOR YOUR BREACH OF THESE TERMS OF SERVICE.
You agree not to use our services for any unlawful purpose or for any purpose intended to harm or in preparation of harming any living person. Further, you certify that you are an adult, able to obligate yourself via contact. In addition, if you are signing up for our Heaven's Mail - it's Eternal® service, you certify that either you are physically and terminally ill (i.e., you have terminal cancer or some other physical illness for which a doctor has advised you that you have 5 years to live or less), you are 65 years old or older, or you are a professional whose life is currently regularly in danger (e.g., a policeman, fireman, bomb squad member, or on active military duty, all in service of public security). You agree and understand that if the operators of this website learn that this is not the case or that the cause of death is self-inflicted or your memorial contains content which at the sole discretion of the operators of this website is inappropriate in any way, then your memorial will immediately be deleted without a refund of any of the fees already paid to us by you. Further, you understand that, for reasons of security, Da Vinci Forum may at any time require that you prove your identity or age via submission of a copy of a driver’s license or passport. Once submitted, you hereby grant Da Vinci Forum the irrevocable authority to disclose your identity including submitting any evidence or proofs of identity that management has in its possession to authorities for the purpose of a criminal investigation. Violation of the terms of this Service Agreement or failure to provide this identification to the satisfaction of management may result in cancellation of your registration without refund for fees already paid at the time of cancellation.
When you indicate your desire to become a registered user, you are stating that you have read and understood these terms of service as stated above and on the webpage on which the terms of service are linked or found, and that you will read these terms again from time to time when we announce via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should a dispute arise between us.
In addition, in the event that ownership of Da Vinci Forum changes such that at least 30% ownership interest is sold to a third party or another legal entity, you agree that any prior obligations owed to you by us, other than to take down the memorial site you've created when asked, cease and any new terms of service may immediately be substituted for the prior terms of service without the requirement of further notice to, or consent from, you.
When you indicate your desire to become a registered user, you are stating that you have read and understood these terms of service as stated herein or on the webpage on which the terms of service are linked or found, and that you will read these terms again from time to time even failing an announcement from us via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should a dispute arise between us.
In sum, in exchange for the privilege of using our site, we require that you accept these terms of Service, which essentially disclaim any liability for our services, assign to us the copyright in your works and submissions (to the extent you own them) and/or license back to you the right to modify and even delete the contents of your writings and other copyrightable submissions or to use the same for other purposes of your choosing.
As for the General Data Protection Regulation (GDPR) of the European Union, you agree that these terms apply only to the extent they cannot be waived for those users who are resident in the European Union.
Finally, you give us the right to publish or delete your user submitted comments and feedback at websites and publications operated by Da Vinci Forum.
If you have particular questions, please send us them to gygli@davinciforum.com.
One of our first priorities with Da Vinci Forum LLC (Da Vinci Forum) of Switzerland, is to execute our client's wishes, despite other interferences which might come along. We also wish to
(1) avoid any problem with third party copyright,
(2) ensure we can fulfill any promises we make by being around so that we can service your account for the foreseeable future,
(3) generally ensure that the site keeps to its purpose of providing exceptional and innovative online legacy communication services for its largely religious clientele and, of course, and
(4) prevent any potential abuses of our system.
Further, by registering with Da Vinci Forum or its affiliates, you agree to the following:
- Filtering, editing and/or periodic review of the contents of your communications and submissions, in an effort to ensure accuracy and readability of information you submit and that the services are not being abused or used for any illegal or inappropriate purposes as defined under any applicable laws.
- You will not submit, use, paste, or upload, download, or cut-and-paste copyright protected works for which you do not at least have a transferrable license to use such works, and you assume full responsibility for any copyright violations for your unauthorized use of such works.
- For the purpose of ensuring uninterrupted service, ownership in your copyright*, to the extent it is under your control, or rights under a license, to the extent assignable, are hereby assigned to Da Vinci Forum and John B. Moetteli and you agree that ownership in any works you create or submit to or publish on this site, licenses to use such works, or suggestions for improvement to the site or our services which you make to us in the future are automatically assigned to, or where not assignable, non-exclusively sublicensed to Da Vinci Forum and John B. Moetteli. Upon express request sent to gygli@davinciforum.com to close your obituary or memorial, Da Vinci Forum hereby assigns these rights back to you at the moment that your memorial has been shut down.
- Any final decision to override your decision to publish your memorial or obituary, even privately, is the sole discretion of Da Vinci Forum, for which Da Vinci Forum need provide no explanations. If you attempt to post material which, in Da Vinci Forum's view, are not in harmony with the values of the website, violate the norms of common decency or are even marginally risqué, you now give Da Vinci Forum the right on its own and sole discretion to edit your submission, refuse to publish such information, delete such information, or unpublish such information, and/or terminate your account and, to compensate Da Vinci Forum for their efforts of ensuring appropriate content for other clients and visitors, you give Da Vinci Forum the right to retain any fees you’ve paid. If Da Vinci Forum deems content on your memorial or obituary inappropriate for the site or sites on which you wish to publish or make your memorial or obituary available, but which is not otherwise indecent, you grant Da Vinci Forum the right to modify the publish sites you choose, publishing only on those sites which in Da Vinci Forum's sole judgment are appropriate for such content. You of course retain the non-assignable right to ask us to terminate your memorial and unpublish its content. The goal of this effort is to ensure that those who visit Da Vinci Forum's family of memorial sites (e.g., dedicated funeral home sites or affiliate sites) will be pleased with the content they find and will not be offended by such content, a visitor to Catholic Memorials.com finding content appropriate to a Catholic website, a visitor to Christian Memorials.com finding content appropriate to a Christian website, and, likewise, a visitor to The Eternal Portal® finding things one would expect to find in a main stream, generically religious, theistic website which promotes hope in eternal existence beyond life on this earth. You agree that any of the public memorials you create may be displayed or republished on appropriate affiliate sites, such as funeral home sites.
- Although Da Vinci Forum endeavors to minimize the amount of third party advertising on its websites and on specific memorials (and despite statements of current policy on the website itself that claims that Da Vinci Forum does not permit third party advertising), Da Vinci Forum reserves the right to allow such advertising at any time in the future. You agree that your sole remedy in the event that you do not wish that such advertising appear on your memorial or memorials is to remove the memorial without recourse to a refund for any fees already paid.
- YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE SWISS COURTS AND THE EXCLUSIVE APPLICATION OF SWISS LAW, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
*If you are using our Heaven's Mail - it's Eternal® service, it is necessary that, when you sign up and begin the process of writing letters and providing photos for later delivery, we own the copyright in these original works of authorship. Why? Because if you don't assign copyright in these works, then the copyright ownership falls in the hands of your heirs who can then require that we deliver all of their property in our possession immediately upon demand and so not according to your wishes expressed in your service agreement with us.
Nevertheless, you may use the works you submit that you created as you see fit given the fact that, upon registration, Da Vinci Forum grants you a royalty-free lifetime, fully-paid-up license to modify, delete or otherwise alter works which you have assigned to us and/or do assign to us in the future. If you wish to permanently remove your works from our site, you may request that copyright ownership in these works be re-transferred to you, which will be done upon receipt by Da Vinci Forum of a listing of works for which you claim copyright.
We reserve the right to accept, or not, any candidate client, registrant or service order at our sole discretion without notice. For example, any sending of unsolicited or inappropriate emails or letters will result in the suspension of the forwarding services without refund, at the sole discretion of Da Vinci Forum. Further, you agree to provide accurate information about yourself and use your real name, and to pay for our services using a method clearly identified with your real name, such as credit card payment, that allows us to verify whether the person paying and the person registered is one and the same person. Bitcoin or the like is not accepted. You agree that if your identity at time of payment does not match the name you registered with, we may cancel your membership and refund any fees paid, minus a handling charge sufficient to cover our cost for having processed the payment.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in Da Vinci Forum pages or communications. Although Da Vinci Forum will attempt to take all reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.
You understand and agree that your memorial website or your packages may not be transferred or sold to third parties or be legated to your heirs because upon your death because we become the owner and custodian of your memorial and any related service order contents.
You understand and agree that, when used in this website, the term "unlimited" when referring to storage space, means "unlimited within reason" or as otherwise limited by footnote, whichever is less, and Da Vinci Forum may reject any uploads that exceed acceptable size limitations or which are not necessary for purposes of creating a thoughtful, lasting memorial of appeal to visitors of any of the Da Vinci Forum websites.
You understand and agree that, when used in this website, the term "unlimited" when referring to storage space, means " unlimited within reason " or as otherwise limited by footnote, whichever is less, and Da Vinci Forum may reject any uploads that exceed acceptable size limitations or which are not necessary for purposes of creating a thoughtful, lasting memorial of appeal to visitors of any of the Da Vinci Forum websites.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in Da Vinci Forum pages or communications. Although Da Vinci Forum will attempt to take all reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out. Of course, we cannot be responsible for misuse of our services, including, with regard to Heaven's Mail – it’s Eternal®, possible false starts. Unless you elect a Guardian to execute your service order (the default basis), we must rely on the initiation terms you give us to begin the service order. If you are not able to communicate with us to cancel or defer the order, it is likely that it will be started too early. Therefore, it is up to you to decide how to initiate the service and to bear all risk and responsibility for such initiation.
DA VINCI FORUM OFFERS ITS SERVICES WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BY SUBMITTING A MEMORIAL APPLICATION, SUBSCRIBING TO OUR SERVICES OR REGISTERED YOUR EMAIL WITH US, YOU AGREE THAT DA VINCI FORUM (OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, ITS PARENT, SUBSIDIARIES, FOUNDERS OR EMPLOYEES, HEREIN "DA VINCI FORUM") LIABILITY TO YOU, SHALL IN NO INSTANCE EXCEED $10US OR THE COST OF SERVICE YOU ORDER, WHICHEVER IS GREATER, AND THAT YOU AGREE NOT TO JOIN IN ANY CLASS ACTION SUIT AGAINST DA VINCI FORUM, ITS EMPLOYEES, DIRECTORS, OR FOUNDERS FOR WHICH THE TOTAL AGGREGATE DAMAGES SOUGHT EXCEED $10,000US, EVEN THOUGH IN SUCH CASE YOUR PRO-RATA DAMAGES DO NOT EXCEED THE GREATER OF $10US OR THE COSTS OF THE SERVICE YOU ORDERED. IN OTHER WORDS, YOU AGREE AND UNDERSTAND THAT DA VINCI FORUM’S LIABILITY UNDER ALL CIRCUMSTANCES IS CAPPED AT $10,000US FOR ANY ACTION, CLASS ACTION OR INCIDENT. YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR YOUR POSTING AND FOR YOUR BREACH OF THESE TERMS OF SERVICE AND THEREFORE YOU OR YOUR ESTATE AGREE TO INDEMNIFY AND HOLD DA VINCI FORUM HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, EXPENSES, OR LOSSES FOR DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY, INCLUDING REASONABLE ATTORNEY'S FEES ARISING DIRECTLY OR INDIRECTLY (i) FROM INFRINGEMENT BY YOU OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SUCH AS COPYRIGHT OR (ii) FOR YOUR DIVULGING ANY CONFIDENTIAL INFORMATION OR PRIVATE INFORMATION OF OTHERS, OR FOR ANY LIABILITY FOR SLANDER, OR LIBEL RESULTING FROM ANY COMMENTS OR (iii) FOR POSTINGS YOU MIGHT MAKE ON YOUR MEMORIAL OR THROUGH HEAVEN'S MAIL - IT'S ETERNAL® OR ANY OTHER DA VINCI FORUM SERVICE, OR (iv) OTHERWISE, WITHOUT LIMITATION, FOR YOUR BREACH OF THESE TERMS OF SERVICE.
You agree not to use our services for any unlawful purpose or for any purpose intended to harm or in preparation of harming any living person. Further, you certify that you are an adult, able to obligate yourself via contact. In addition, if you are signing up for our Heaven's Mail - it's Eternal® service, you certify that either you are physically and terminally ill (i.e., you have terminal cancer or some other physical illness for which a doctor has advised you that you have 5 years to live or less), you are 65 years old or older, or you are a professional whose life is currently regularly in danger (e.g., a policeman, fireman, bomb squad member, or on active military duty, all in service of public security). You agree and understand that if the operators of this website learn that this is not the case or that the cause of death is self-inflicted or your memorial contains content which at the sole discretion of the operators of this website is inappropriate in any way, then your memorial will immediately be deleted without a refund of any of the fees already paid to us by you. Further, you understand that, for reasons of security, Da Vinci Forum may at any time require that you prove your identity or age via submission of a copy of a driver’s license or passport. Once submitted, you hereby grant Da Vinci Forum the irrevocable authority to disclose your identity including submitting any evidence or proofs of identity that management has in its possession to authorities for the purpose of a criminal investigation. Violation of the terms of this Service Agreement or failure to provide this identification to the satisfaction of management may result in cancellation of your registration without refund for fees already paid at the time of cancellation.
When you indicate your desire to become a registered user, you are stating that you have read and understood these terms of service as stated above and on the webpage on which the terms of service are linked or found, and that you will read these terms again from time to time when we announce via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should a dispute arise between us.
In addition, in the event that ownership of Da Vinci Forum changes such that at least 30% ownership interest is sold to a third party or another legal entity, you agree that any prior obligations owed to you by us, other than to take down the memorial site you've created when asked, cease and any new terms of service may immediately be substituted for the prior terms of service without the requirement of further notice to, or consent from, you.
When you indicate your desire to become a registered user, you are stating that you have read and understood these terms of service as stated herein or on the webpage on which the terms of service are linked or found, and that you will read these terms again from time to time even failing an announcement from us via email or by publication on our site announcement page that modified terms have been published, and that you agree to abide by the most current published rules should a dispute arise between us.
In sum, in exchange for the privilege of using our site, we require that you accept these terms of Service, which essentially disclaim any liability for our services, assign to us the copyright in your works and submissions (to the extent you own them) and/or license back to you the right to modify and even delete the contents of your writings and other copyrightable submissions or to use the same for other purposes of your choosing.
As for the General Data Protection Regulation (GDPR) of the European Union, you agree that these terms apply only to the extent they cannot be waived for those users who are resident in the European Union.
Finally, you give us the right to publish or delete your user submitted comments and feedback at websites and publications operated by Da Vinci Forum.
If you have particular questions, please send us them to gygli@davinciforum.com.