Terms and Conditions
Effective: March 3, 2023
Welcome to GNight Fetcher!
These terms and conditions outline the rules and regulations for the use of GNight Fetcher (G'Night Fetcher)'s Website, located at www.gnightfetcher.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use GNight Fetcher if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
AGREEMENT TO TERMS.
The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on date above, is made between you (“user,” “you” or “your”), and:
WEBSITE OWNER.
Website URL: www.gnightfetcher.com
Company Name: GNight Fetcher or G'Night Fetcher
The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website”), for the purpose of making use of any of the content, software, or other tools on the website (“services”).
PAYMENTS.
All or a portion of the services offered by the Company on the website are paid in accordance with the terms below:
a.) Forms of Payment. We accept payment through the methods offered at the time of purchase or when a balance is due. The provider and method of payment are determined by your location, device, and purchased item. We reserve the right, at any time, to reject payment for any reason.
b.) Currency. Payments will be accepted on the website in the currency based on your location and in accordance with local laws.
c.) Refund Policy. Except when required by law, payments made by a user are not refundable by the company. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the company.
d.) In-App Purchases. If the website’s services are offered on an Android, iOS, or other mobile application (“mobile app”), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or “store."
SUBSCRIPTIONS.
If any of the services offered by us are only available with a paid subscription, you will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, annually, or other agreed upon timeframes) at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.
a.) Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made.
b.) Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be given by the e-mail on your registered account or profile.
c.) Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registering of a user’s e-mail. It is strictly prohibited for a user to create and register more than one (1) e-mail solely to access another free trial on the website.
ACCESS.
Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website’s visitors. If for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or its services.
Additionally, your access to and use of the services is also conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information which is initiated by and commences when you use the website. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the website or its services.
a.) Minors (under the age of 18).
If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the website. If a minor accesses the website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the website.
b.) Children (under the age of 13).
If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the website. Furthermore, this Agreement allows the protections mentioned under the Children’s Online Privacy Protection, specifically, 15 U.S. Code § 6502.
We do not claim that the website's content is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to the legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance.
Any supplemental amendments or documents posted on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.
PROHIBITED ACTIVITIES.
As a user of our services, whether on the website or mobile app, it is prohibited to engage in the following activities to:
-Systematically retrieve data or other content from the website or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
-Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;
-Circumvent, disable, or otherwise interfere with security-related features of the website or services, including those that restrict the copying of content or protected marks;
-Disparage, tarnish, or otherwise harm the company, website, mobile app, or any other platforms where the services are offered;
-Use any information obtained from the website or the service to harass, abuse, or harm another person or group of people;
-Make improper use of our support services, specifically, our customer service representatives, or make false reports of abuse or misconduct;
-Use the website or services in a manner that is inconsistent with its intended use or against any applicable laws;
-Engage in spamming, linking, or referring to other websites for commercial or other purposes;
-Upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper material, including the spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the website or its features, functions, operations, or maintenance;
-Attempting any unauthorized automated use of the website, such as using scripts to send comments and messages, or using mining tools with the intention of gathering, injecting, or extracting data;
-Deleting copyrights, trademarks, disclaimers, or any other marks from the website or its content;
-Impersonating another user or person by use of a username, e-mail, personal name, or in any other manner;
-Upload or transmit, or the attempt of such act, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices, also known as “spyware,” “passive collection mechanisms” or “pcms;”
-Interfering with, disrupting, or creating an undue burden on the website, services, networks, and other connections;
-Harassing, annoying, intimidating, or threatening any of the other users, employees, agents, contractors, or any other individual affiliated with the company;
-Disabling or attempting to disable restrictions implemented by the website that prohibits access to certain areas;
-Copying or adapting the software of the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
-Deciphering, decompiling, disassembling, or reverse engineering any of the software on the website;
-Except as may be the result of standard search engine or internet browser usage, to use, launch, develop, or distribute any automated system, including without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or launching any unauthorized script or other software;
-Using a buying or purchasing agent to make purchases on the website;
-Making any unauthorized use of the website or the services, such as collecting usernames, e-mail addresses, or personal names of users by electronic or other means to send unsolicited e-mails or create user accounts by automated means or under false pretenses;
-Using the website or services as part of any effort to compete with us or otherwise using the website, services, marks, content, data, or any part thereof for any revenue-generating endeavor, commercial purpose, or for personal benefit;
-Using the website or services to advertise or offer to sell goods or other services;
-Selling your user profile or account on the website.
GUIDELINES FOR REVIEWS.
We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the services provided. Said review or rating requires that you:
-Should have firsthand experience with the person/entity being reviewed;
-Do not contain any offensive, abusive, racist, profanity-laden language;
-Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
-Do not include references to illegal activity;
-Do not post negative reviews as part of a scheme working with a competitor of ours;
-Do not make any suggestions or conclusions as to the legality of our services, products, or conduct;
-Do not post any false or misleading comments about your experience with the website or our company; and
-Do not organize a campaign encouraging others to post reviews, whether positive or negative.
In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the website and its services are accurate and verifiable. Any reviews made by you or other users of the website do not represent our opinions or statements of the services or of our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the website. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.
MOBILE APPLICATION LICENSE.
If a proprietary mobile application is offered in connection to the services offered on the website (“mobile app”), the following will apply:
a.) Use License. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the website and its services. Under such license, you agree that it is prohibited to conduct the following:
-Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app;
-Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app;
-Violate any applicable laws or regulations in connection with your use or access to the mobile app;
-Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile app;
-Use the mobile app for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
-Allow the mobile app to be available over a network or other environment that permits access or use by multiple devices or users at the same time;
-Use the mobile app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the mobile app;
-Use the mobile app to send automated queries to any other website or application for unsolicited use, commercial or non-commercial; and
-Use any proprietary information provided by or through the use of the mobile app for the design, development, licensure, or distribution of any other applications, accessories, or other devices for use with the mobile app.
b.) Apple and Android Devices. When using the mobile app on an Apple or Android device (“mobile platform”), the following will apply:
-The license granted to you when using the mobile app is limited to a non-transferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform’s terms of service and any other applicable documents;
-It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use;
-Any refund requests made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the website, assist in any refund request for payments made on the mobile app;
-If the jurisdiction or governing law of the company or mobile app is located in the United States, you verify that:
-You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; or
-You are not listed on any U.S. government list of prohibited or restricted parties;
-You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and
-You acknowledge that the mobile platforms used in connection with the mobile app are 3rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.
COPYRIGHT POLICY.
By accessing or using GNight Fetcher's website, products, or services, you acknowledge and agree to the following regarding copyright and intellectual property:
1. Nature of Offerings: GNight Fetcher reserves the right to expand its product and service offerings to include a diverse range of memorial products and/or services, including but not limited to those mentioned in the provided lists below. This expansion may occur without prior notice to partners, users, or customers.
List one — Pet Memorial related:
Customized Pet Memorial Jewelry: Personalized necklaces, bracelets, or rings with pet names and special dates.
Pet Memorial Urns: Artistic urns crafted to hold pet ashes.
Engraved Memorial Plaques: Beautiful plaques with engraved messages and photos.
Pet Memorial Frames: Frames designed to display cherished photos of your pet.
Pet Memorial Candles: Scented candles in memory of your pet.
Custom Pet Portraits: Artist-rendered portraits of your pet.
Biodegradable Pet Urns: Eco-friendly urns that can be buried or scattered.
Pet Memorial Wind Chimes: Melodic chimes to remember your pet.
Pet Memorial Garden Stones or Sculptures: Decorative stones for a garden memorial or sculptures and/or figurines.
Pet Memory Books or Cards: Scrapbooks, journals, calendars, affirmation cards, comfort cards for documenting memories and/or grief support.
Pet Memorial Keychains: Portable tributes for daily remembrance.
Digital Pet Memorial Services: Online platforms for sharing memories and tributes.
Pet Memorial T-Shirts: Wearable tributes with custom designs.
Shadow Boxes: Display cases for creating a three-dimensional memorial.
Pet Memorial Tattoos: Artistic tattoos honoring your pet.
Personalized Paw Print Keepsakes: Clay or ink paw prints to cherish.
Pet Memorial Blankets: Cozy blankets with images of your pet.
Pet Memorial Charities: Donations in your pet's name to animal charities.
Pet Memorial Teddy Bears: Stuffed animals made from your pet's fur.
Virtual Pet Memorials: Online spaces for sharing memories and photos.
Pet Memorial Art Prints: Wall art featuring your pet's image.
Pet Memorial Subscription Boxes: Monthly deliveries of pet-themed items.
Customized Pet Memorial Ornaments: Holiday ornaments to honor your pet.
Pet Memorial Car Decals: Decals for your vehicle to remember your pet.
Pet Memorial Quilts: Quilts made from your pet's favorite fabrics.
Memorial Puzzle: Customized puzzles featuring your pet's image.
Pet Memorial Shadow Lamps: 3D lamps casting a pet-shaped shadow.
Pet Memorial Planters: Planters with space for ashes and flowers.
Pet Memorial Meditation Apps: Guided meditations to remember your pet.
Pet Memorial Doormats: Customized doormats featuring your pet's image.
Pet Memorial Balloons: Biodegradable balloons for a symbolic release.
Pet Memorial Stamps: Custom stamps for creating memorial cards.
Pet Memorial Stickers: Adhesive tributes for personal items.
Pet Memorial Puzzle Boxes: Boxes with a hidden compartment for keepsakes.
Pet Memorial Mobile Apps: Apps to organize and share memories.
Pet Memorial Virtual Reality Experiences: Immersive experiences to remember your pet.
Pet Memorial Wood Engravings: Engravings on wooden surfaces for a rustic tribute.
Pet Memorial Flags: Custom flags with your pet's image.
Pet Memorial Keepsake Boxes: Boxes for storing mementos and ashes.
Pet Memorial Phone Cases: Custom cases featuring your pet.
Pet Memorial Soaps: Artisanal soaps with pet-themed designs.
Pet Memorial Scrapbooking Kits: Kits for creating personalized scrapbooks.
Pet Memorial Wine Labels: Custom labels for special commemorative bottles.
Pet Memorial Perfumes/Colognes: Fragrances inspired by your pet.
Pet Memorial Stencils: Stencils for creating DIY memorial projects.
Pet Memorial Digital Art: Digital illustrations or animations of your pet.
Pet Memorial Charm Bracelets: Bracelets with charms representing your pet.
Pet Memorial Locket Watches: Timepieces with space for pet photos.
Pet Memorial Bath Bombs: Bath bombs with hidden pet-inspired surprises.
Pet Memorial Online Courses: Courses on coping with pet loss and creating memorials.
Pet Cremation Services: Professionally handled cremation with options for ashes.
Pet Memorial Photography: Capturing and preserving memories of your pet.
Pet Memorial Videography: Creating video tributes and montages.
Pet Funeral Services: Arranging and conducting pet funerals or memorials.
Pet Grief Counseling: Professional support for those coping with pet loss.
Pet Memorial Events: Organizing memorial gatherings or ceremonies.
Pet Memorial Keepsake Creation: Crafting personalized mementos from pet belongings.
Pet Memorial Printing Services: Designing and printing memorial materials.
Pet Memorial Grave Markers: Customized markers for pet burial sites.
Pet Memorial Obituaries: Crafting obituaries or memorial announcements.
Pet Memorial Tree Planting: Planting trees or shrubs in memory of pets.
Pet Memorial Cemetery Services: Managing pet cemeteries or burial grounds.
Pet Memorial Headstone Engraving: Engraving personalized messages on pet headstones.
Pet Memorial Chapel Services: Providing chapel spaces for pet memorial events.
Pet Memorial Artwork Services: Commissioning artistic tributes or portraits.
Pet Memorial T-Shirts Printing: Printing custom memorial shirts for pet owners.
Pet Memorial Donation Services: Facilitating donations to animal charities in the pet's name.
Pet Memorial Virtual Assistance: Offering online support for virtual memorials.
Pet Memorial Keepsake Jewelry Crafting: Designing and creating custom memorial jewelry.
Pet Memorial Bereavement Support Groups: Group sessions for shared grieving experiences.
Pet Memorial Virtual Ceremonies: Hosting online memorial ceremonies.
Pet Memorial Engraving Services: Engraving pet names on various surfaces.
Pet Memorial Custom Framing: Framing and preserving pet memorial items.
Pet Memorial Eulogy Writing Services: Crafting personalized eulogies for pets.
Pet Memorial Grief Workshops: Workshops focused on coping with pet loss.
Pet Memorial Poem Writing Services: Creating customized poems in memory of pets.
Pet Memorial Digital Archive: Creating online archives for pet memories.
Pet Memorial Travel Services: Assisting with pet memorial travel arrangements.
Pet Memorial Hotline: Offering a hotline for immediate grief support.
Pet Memorial Legal Services: Assisting with legal aspects of pet memorials.
Pet Memorial Shadow Box Crafting: Crafting personalized shadow boxes for pet memories.
Pet Memorial Candlelight Vigils: Organizing candlelight vigils in memory of pets.
Pet Memorial Custom Music Composition: Creating custom music pieces for pet memorials.
Pet Memorial Flower Arrangements: Designing floral arrangements for memorials.
Pet Memorial Poem Printing Services: Printing customized poems on various mediums.
Pet Memorial Scrapbook Design Services: Designing personalized scrapbooks for pets.
Pet Memorial Balloon Releases: Organizing symbolic balloon releases for pets.
Pet Memorial Documentary Production: Creating documentaries about pets' lives.
Pet Memorial Therapeutic Services: Offering therapeutic activities for grieving pet owners.
Pet Memorial Meditation Retreats: Hosting meditation retreats for pet remembrance.
Pet Memorial Custom Calendar Design: Designing custom calendars with pet photos.
Pet Memorial Online Memorial Walls: Creating virtual spaces for shared pet memories.
Pet Memorial Tattoo Artists: Artists specializing in pet memorial tattoos.
Pet Memorial Social Media Management: Managing social media accounts for pet memorials.
Pet Memorial Technology Services: Developing apps or platforms for virtual pet memorials.
Pet Memorial Legal Document Services: Assisting with wills or legal documents related to pets.
Pet Memorial Charitable Event Planning: Organizing events that raise funds for animal charities.
Pet Memorial Keepsake Box Subscription: Offering a subscription service for personalized keepsake boxes.
Pet Memorial Astrology Readings: Providing astrology readings for pets' unique characteristics.
Pet Memorial Online Marketplace: Creating a platform for buying and selling pet memorial items.
List two — Human Memorial related:
Custom Memorial Jewelry: Personalized necklaces, bracelets, or rings with engraved names and dates.
Memorial Urns: Artistic urns to hold ashes with customizable designs.
Engraved Memorial Plaques: Plaques with engraved messages and photos.
Memorial Frames: Frames designed to display cherished photographs.
Biodegradable Urns: Eco-friendly urns for burial or scattering ashes.
Memorial Candles: Scented candles with personalized labels.
Custom Portraits: Artist-rendered or printed portraits of the deceased.
Digital Memorial Services: Online platforms for sharing memories and condolences.
Keepsake Thumbprint Jewelry: Jewelry incorporating a loved one's thumbprint.
Memorial Garden Stones or Sculptures: Decorative stones for a garden memorial or sculptures and/or figurines.
Memory Books or Cards: Scrapbooks, journals, calendars, affirmation cards, comfort cards for documenting memories and/or grief support.
Memorial Teddy Bears: Stuffed animals made from clothing or belongings of the deceased.
Personalized Memorial Blankets: Cozy blankets with printed images or messages.
Custom Memorial T-Shirts: Shirts with custom designs in memory of a loved one.
Shadow Boxes: Display cases for three-dimensional memorabilia.
Memorial Art Prints: Wall art featuring meaningful quotes or images.
Virtual Reality Memorial Experiences: Immersive experiences to remember the departed.
Memorial Wind Chimes: Melodic chimes for a calming tribute.
Digital Memorial Archives: Online storage for digital memories and tributes.
Memorial Stamps: Custom stamps for creating memorial cards or envelopes.
Personalized Memorial Jewelry Boxes: Boxes for storing memorial jewelry or keepsakes.
Memorial Phone Cases: Custom phone cases featuring images or quotes.
Memorial Doormats: Welcome mats with personalized messages.
Memorial Puzzle: Puzzles featuring images or quotes of the departed.
Memorial Quilts: Quilts made from clothing or fabric of the deceased.
Personalized Memorial Planters: Planters with space for ashes and flowers.
Memorial Wine Labels: Custom labels for commemorative wine bottles.
Memorial Wood Engravings: Engravings on wooden surfaces for a rustic tribute.
Personalized Memorial Flags: Flags with images or messages in memory.
Memorial Stencils: Stencils for creating DIY memorial projects.
Custom Memorial Perfumes/Colognes: Fragrances inspired by the departed.
Memorial Bath Bombs: Bath bombs with hidden memorial symbols.
Virtual Memorial Reality Apps: Apps for organizing and participating in virtual memorials.
Memorial Balloons: Biodegradable balloons for symbolic releases.
Memorial Soaps: Artisanal soaps with memorial designs.
Memorial Travel Services: Assistance with travel arrangements for memorial events.
Memorial Charities: Contributions to charities in memory of the deceased.
Memorial Keychains: Portable tributes for daily remembrance.
Memorial Online Courses: Courses on coping with grief and loss.
Memorial Stickers: Adhesive tributes for personal items.
Memorial Tattoo Artists: Artists specializing in memorial tattoos.
Memorial Subscription Boxes: Monthly deliveries of memorial-themed items.
Memorial Puzzle Boxes: Boxes with hidden compartments for keepsakes.
Memorial Meditation Apps: Guided meditations for remembering loved ones.
Memorial Flags: Custom flags with images or messages.
Memorial Legal Services: Assistance with legal aspects of memorials.
Memorial Documentary Production: Creating documentaries about the lives of the departed.
Memorial Therapeutic Services: Offering therapeutic activities for grieving individuals.
Memorial Online Marketplace: Platform for buying and selling memorial items.
Memorial Virtual Assistance: Online support for planning and organizing memorials.
Funeral Services: Traditional ceremonies to honor and remember the deceased.
Cremation Services: Including options for memorialization of ashes.
Memorial Services: Gatherings to celebrate and remember the life of the departed.
Graveside Services: Ceremonies held at the burial site.
Virtual Memorial Services: Online platforms for remote participation in memorials.
Eulogy Writing Services: Assistance in crafting and delivering a meaningful eulogy.
Grief Counseling: Professional support for individuals and families coping with loss.
Memorial Photography: Capturing moments during memorial events.
Videography Services: Recording and editing memorial videos.
Live Streaming Services: Broadcasting memorial events to a wider audience.
Memorial Printing Services: Creating memorial programs, cards, and other printed materials.
Floral Arrangement Services: Providing customized flower arrangements for memorials.
Memorial Reception Catering: Catering services for post-funeral gatherings.
Memorial Venue Rental: Offering spaces for memorial events and receptions.
Memorial Music Services: Live music or playlists tailored for memorial events.
Transportation Services: Arranging transportation for attendees to and from memorial events.
Memorial Technology Services: Integrating technology for presentations and displays.
Memorial Officiants: Professional individuals to lead and officiate memorial services.
Memorial Legal Services: Assisting with legal aspects related to the deceased's affairs.
Memorial Planning Services: Comprehensive planning assistance for memorial events.
Memorial Event Coordination: Managing logistics for memorial gatherings.
Memorial Catering Services: Providing food and refreshments for memorial events.
Memorial Venue Decoration: Decorating venues with meaningful elements.
Memorial Videotape Conversion: Digitizing old videotapes for memorial tributes.
Memorial Keepsake Creation: Crafting personalized keepsakes for attendees.
Memorial Virtual Reality Experiences: Immersive experiences to remember the departed.
Memorial Website Creation: Developing websites to share memories and information.
Memorial Charitable Contributions: Facilitating donations to charities in memory of the deceased.
Memorial Support Groups: Group sessions for shared grieving experiences.
Memorial Virtual Assistance: Online support for organizing virtual memorials.
Memorial Pet Tribute Services: Honoring the memory of pets associated with the departed.
Memorial Travel Services: Assisting with travel arrangements for memorial attendees.
Memorial Guestbook Services: Providing guestbooks for attendees to share memories.
Memorial Personal Shopper Services: Assisting with selecting memorial-related items.
Memorial Speech Writing Services: Crafting speeches for memorial events.
Memorial Subscription Boxes: Subscription services for memorial-themed items.
Memorial Meditation Retreats: Organizing retreats focused on grief and remembrance.
Memorial Educational Workshops: Workshops on coping with grief and loss.
Memorial Podcast Services: Creating podcasts to share memories and stories.
Memorial Face Mask Printing: Printing customized face masks for memorial events.
Memorial Art Therapy Sessions: Incorporating art therapy for healing and expression.
Memorial Poetry Writing Services: Crafting personalized poems in memory of the deceased.
Memorial Engraving Services: Engraving names or messages on memorial items.
Memorial Legal Document Services: Assisting with wills or legal documents related to the deceased.
Memorial Balloon Releases: Organizing symbolic balloon releases for remembrance.
Memorial Flower Preservation: Preserving flowers from memorial events as keepsakes.
Memorial Donation Services: Facilitating contributions to memorial funds or causes.
Memorial Astrology Readings: Providing astrology readings for insights and reflection.
Memorial Custom Calendar Design: Designing custom calendars with images of the departed.
Memorial Tree Planting Services: Planting trees in memory of the deceased.
2. Reservation of Rights: All rights not expressly granted herein are reserved. GNight Fetcher maintains the exclusive right to modify, suspend, or discontinue any aspect of its offerings, including the introduction or removal of specific memorial products and/or services, at its sole discretion.
3. No Obligation to Notify: Users and customers acknowledge that GNight Fetcher is under no obligation to notify them individually or collectively about changes in its product and service offerings, including the addition or removal of memorial products and/or services.
4. Disclaimer of Liability: GNight Fetcher shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with the use or inability to use the memorial products and/or services offered, even if GNight Fetcher has been advised of the possibility of such damages.
5. Third-Party Services: Some memorial products and/or services offered by GNight Fetcher may involve third-party providers. Users and customers understand and agree that the terms and conditions of such third-party services are separate and distinct from GNight Fetcher's, and GNight Fetcher shall not be responsible for any actions or omissions of third-party providers.
6. Governing Law: These terms and conditions, including any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles.
7. Changes to Terms: GNight Fetcher reserves the right to update or modify these terms and conditions at any time without prior notice. Users and customers are encouraged to review the terms periodically for changes.
By continuing to use GNight Fetcher's website, products, or services, users and customers accept and agree to be bound by the most current version of these terms and conditions.
If you do not agree with any part of these terms, please discontinue use of GNight Fetcher's offerings.
a.) Intellectual Property Infringement.
It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.
If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.
If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.
b.) DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
-An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
-A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;
-Your contact details including a personal name, address, phone number, and an e-mail address;
-A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and
-A statement by you, with language that includes “under penalty of perjury,” that the in
formation included in the infringement removal is accurate.
Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.
INTELLECTUAL PROPERTY.
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g. audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.
No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
USER OBLIGATIONS.
You, as a user of the website or any of its services, agree to the following:
-Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;
-If any information should change regarding your account, you agree to change it in a timely fashion;
-You have the legal capacity to understand, agree with, and comply with this Agreement;
-That you are not considered a minor in the jurisdiction where you reside or are accessing the website or its services;
-That you will not access the website or its services through the use of bots, scripts, or any other use than the traditional manner as is intended; and
-That you will use the website and its services in an authorized and legal manner in accordance with this Agreement.
In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.
USER ACCOUNTS.
If our website allows the creation of a user account of any type, you agree to be responsible for safeguarding its information including account data, connected e-mails, passwords, and any other personal information located therein. If you are made aware of any breach of unauthorized use of the account, to notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3rd party other than secured services used to assist with saving passwords on your behalf.
If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.
SOCIAL MEDIA.
As part of the website's functionality, you may be able to link and connect a social media profile with your account for sharing information, logging into the website, or for any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).
If connecting a social media profile with the website, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile and that you understand that:
-We may access, make available, and store (if applicable) any content that you have provided to and stored in your social media profile so that it is available on and through the website via your account, including without limitation any contacts;
-We may submit and receive data, which may include personal information, to your social media profile upon its connection to the website;
-That you have the ability, at any time, to disable the connection between the website and the social media profile; and
-That the relationship between you and your social media profile is governed solely by its terms of use and in no way does this Agreement amend your rights and responsibilities unless otherwise stated.
Due to the policies commonly mentioned in a social media company’s terms of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3rd party, or another event that triggers a review of the account.
USER SUBMISSIONS & CONTENT.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights which may be used by us for any lawful purpose, commercial or otherwise, and without acknowledgment or compensation to you.
With the posting of your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.
Our website or services may allow you to chat, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the website, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the “content”). Content may be viewable by other users or the general public. As such, any content transmitted by you may be treated as non-confidential and non-proprietary. When you create or make any content available on the website, you are accepting that:
-The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3rd party;
-You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the website, to use your content in any manner deemed reasonable;
-You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness;
-Your content is not false, inaccurate, or misleading to the detriment of other users, the website, or any 3rd party;
-Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
-Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, slanderous, or otherwise objectionable (as determined by us);
-Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;
-Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people;
-Your content does not violate any applicable laws or regulations;
-Your content does not violate any privacy-related concerns or the publicity rights of any 3rd party;
-Your content does not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and
-Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.
By posting your content on our website, you grant us the right and license to use, modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the website, 3rd parties, and to the general public, with or without your consent.
THIRD (3RD) PARTY WEBSITE AND CONTENT.
Our website or services may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.
ADVERTISING.
In the event that we host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any other monetary benefit in accordance with its terms and conditions or affiliate terms.
Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.
SITE MANAGEMENT.
To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:
-To monitor our website, services, and any other content for violations by users of this Agreement;
-To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;
-To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and
-To otherwise manage our website and services in such a way as to protect our rights and property and to encourage the optimal running of said websites and services.
TERMINATION.
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.
If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the website and its services.
GOVERNING LAW.
The laws governing the company’s jurisdiction mentioned herein shall govern this Agreement, including your use and access to the website and services. Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.
DISPUTE RESOLUTION.
If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.
a.) Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.
b.) Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.
”AS-IS” DISCLAIMER.
It is recognized to you, as a user of the website and any services offered, that they are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.
To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:
-The operation or availability of the website or any services, or the information content, and materials or products included herein;
-The website or any services being uninterrupted or bug-free;
-The accuracy, reliability, or currency of any information or content provided through the website or services; and
-The website or any services, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.
INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:
-Our content;
-Use of the website or any of our services;
-Not able to use the website or any of our services;
-Any breach of this Agreement;
-Any beach of representations and warranties set forth in this Agreement;
-Any violation of the rights of a 3rd party, including but not limited to intellectual property rights; and
-Any overt harmful act toward any other user of the website or its services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES.
Except as explicitly stated otherwise, any notices sent to us must be sent to gnightfetcher@gmail.com. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the website.
If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.
ELECTRONIC MEANS.
When accessing the website or any of its services, sending e-mails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
CALIFORNIA USERS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.
If you are a user acting on behalf of the U.S. federal government, our website and its services are treated as a “commercial item” as defined under 48 C.F.R. § 2.101.
EUROPEAN UNION (EU) USERS.
If you are a European Union (EU) resident, consumer, or user, it is recognized that you are entitled to specific protections on how your personal information is collected. We, in our privacy policy, attempt to be in accordance with such rules and regulations.
MISCELLANEOUS.
This Agreement and any policies or operating rules posted by us, on the website, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.