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Paying Homage helps you connect and share with the people in your life.
GOHOMAGE.COM TERMS OF USE
1. Acceptance of the Terms of Service
Welcome to www.gohomage.com and/or www.payinghome.net (“We” or “Us” or “Our” the “Company”). We are excited to have you as user and member of the Gohomage community. The following terms and conditions (collectively, these “Terms of Service” or herein the “Agreement”) apply to your use of www.gohomage.com and/or www.payinghome.net including any content, functionality, transactions, and services offered on or via www.homage.com (the “Website” or “Homage”). The Terms of Service also include our Privacy Policy, that you can review here: http://payinghomage.net/index.php?do=/policy/
We want to keep our relationship with you as personable and clear of legalese as possible, but please read the Terms of Service carefully before you start using www.gohomage.com, because by using the Website you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, however, you can let us know of your questions and concerns by emailing us at info@payinghomage.net
2. Changes to the Terms of Service and the Website and Notices
We reserve the right to update the Website and these Terms of Service periodically, at our discretion and without any notice. Yet, this document is public on www.gohomage.com, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of an updated Terms of Service means that you accept and agree to the changes. We will make every attempt to notify you of the changes to the Terms of Service; however, it is your responsibility to ensure that you keep your contact information updated on the Website.
You agree that We will use the Website and email to provide you with important notices. You agree certain additional information can be shared with us. If the contact information you provide is not up to date, you may miss out on these notices. You agree that we may provide notices to you in an email sent to an address you provided during registration, or through other means including mobile number and by telephone. You agree to keep your email and/or contact information up to date.
3. Accessing the Website, Security, and Privacy
We strive to improve and maintain www.gohomage.com, however, we can't guarantee that the Website will be up and running 24 hours 7 days a week, as problems do occur. We also reserve the right to suspend or restrict access to some features to some users if they fail to abide by the Terms of Service. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time, nor for any data loss that is beyond Our control. To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential and not disclose it to anyone else. There is a password reset procedure if you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password that is different from the passwords you use for other purposes and on other websites. We also recommend that you log out from your account at the end of every session. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You may be asked to provide certain registration details or other information to confirm your identity. We reserve the right to disable any user account, at any time and in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We use SSL encrypted browsing for all logged-in users, yet we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy, that you can review in detail here: http://payinghomage.net/index.php?do=/policy/
You are agree that you are eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the services, you agree that: (1) you are the “Minimum Age” (defined below) or older; (2) you will only have one www.gohomage.com account, which must be in your real and legal name; and (3) you are not already restricted by Us from using the services.
“Minimum Age” means 13 years old. However, if law requires that you must be older in order for www.gohomage.com to lawfully provide the services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Website and its services are not for use by anyone under the age of 13. For paid purchases, and when using credit card services, you must be a minimum of 18 years.
When you share information on the Website, others may see, copy, and use that information. Our services allow messaging and sharing of information. Information and content that you share or post may be seen by other individuals, businesses or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as sending messages, are by default private, are only visible to the addressee(s).
We are not obligated to publish any information or content on our service and can remove it in our sole discretion, with or without notice. You are obligated to follow state or federal laws when sharing information including copyrights, trademarks, or intellectual property, etc.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to use it. You promise to only provide information and content that you have the right to share, and that your www.gohomage.com page will contain only information that is truthful.

As between you and the Company, you own the content and information that you submit or post on the Website, but you are granting Us the rights to use, copy, modify, distribute, publish, and process, information and content that you provide through the Website, without any further consent, notice and/or compensation to you or others.

You agree that we may access, store and use any information that you provide in accordance with the terms of the privacy policy and your privacy settings. By submitting suggestions or other feedback regarding Our services to Us, you agree that We can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. We may be required by law to remove certain information or content in certain cases.
4. Nature of your use of and Purchases on the Website.
Through your agreement to use the Website and your agreement to the Terms of Service, you understand that the nature of your use of the Website is for entertainment or gaming purposes, i.e., that when you purchase a virtual property for homage or memorial purposes, you are doing just that: purchasing a virtual property. Thus, if you purchase the virtual Brooklyn Bridge on the Website, you are not purchasing the real Brooklyn Bridge (imagine the cost of the upkeep!). While you are free to resell the property based upon the Website’s Terms of Service, you understand that this is a virtual game for entertainment purposes only.
The Website Homage is a world where Virtual and Reality meet where you can buy a piece of your past, present, or even your future! You can virtually purchase any building, property, or landmark in the world! Once you purchase the virtual property, it’s yours to keep or later sell for a profit. We like to call these virtual properties, Mages. Once you buy a Mage, you can dedicate it to any person or pet you like. We like to call these Omes. Each Mage will have a dedicated page for that location that you and others can post pictures, videos, stories, or blogs. There is even a Charity feature! Ten percent of the cost of each property will go to the charity of your choice in your Ome’s name. While you own it, you have the ability to honor your loved one for the whole world to see. Another amazing feature of Homage are the Special Places Page. There are places and events that have stopped us in our tracks. Not only were the events tragic but they also helped renew our faith in our neighbors, police, firefighters and our Country. I’m talking about the World Trade Centers, the Sandy Hooks, the Pulses of our history. These places are priceless. Though you can’t own them, A Special Page will be available for all to post pictures, videos, and share their personal memories.
If you purchase a property on the Website, the purchase will be charged by the company designated by www.gohomage.com in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the www.gohomage.com are inclusive of any applicable sales taxes and fees. The Company accepts a variety of different payment methods, so please check the www.gohomage.com for the best way for you to pay.
You agree that you will not:

• Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
• Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Website);
• Create a false identity on the Website;
• Use or attempt to use another's account;
• Harass, abuse or harm another person ;
• Send spam or other communications that are not welcome to others;
• Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
• Act in an unlawful, defamatory, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
• Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Us;
• Send messages to distribution lists, newsgroup aliases, or group aliases;
• Post anything that contains software viruses, worms, or any other harmful code;
• Manipulate identifiers in order to disguise the origin of any message or post transmitted through the services;
• Copy or use the information, content or data on the Website in connection with a competitive service (as determined by Us);
• Copy, modify or create derivative works of the Company, the services offered by the Company or any related technology (except as expressly authorized by Us);
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology, or any part thereof;
• Imply or state that you are affiliated with or endorsed by the Company without our express written consent (e.g., representing yourself as an accredited GoHomage representative or agent);
• Remove any copyright, trademark or other proprietary rights notices contained in or on any of the Website’s service or products;
• Remove, cover or obscure any advertisement include on the Website;
• Collect, use, copy, or transfer any information obtained from the Website without the consent of the Company;
• Share or disclose information of others without their express consent;
• Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website or any related data or information;
• Use bots or other automated methods to access the Website’s services, add or download contacts, send or redirect messages;
• Monitor the services' availability, performance, or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the services;
• Access the services except through the interfaces expressly provided by Us;
• Override any security feature of any of the Website;
• Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms, etc.).
5. Prices
The purchase prices for properties listed on the Website will change periodically and the amounts will be based upon the nature of the property, the popularity / desires of others to purchase the property, and many other factors.
6. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of www.gohomage.com is at your sole risk. The service is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify, and hold us harmless from any claims, losses, liability costs, and expenses (including but not limited to reasonable attorney's fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWNTIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT PURCHASE MADE BY YOU, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We are not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
7. Term and termination
These Terms of Service will become effective in relation to you when you create a www.gohomage.com account or when you start using the www.gohomage.com Service and will remain effective until terminated by you or Us. You may cancel your account on the www.gohomage.com at any time by visiting your account page and choosing terminate account, and such termination shall have effect immediately. You will forfeit any and all purchased properties, which will automatically be virtually owned by Us. We will not refund any amount any amounts that you paid for any properties. We reserve the right to terminate this Agreement with you or suspend your www.gohomage.com account at any time in case of unauthorized, or suspected unauthorized, use of the www.gohomage.com services whether in contravention of this Agreement or otherwise. If www.gohomage.com terminates this Agreement, or suspends your www.gohomage.com account for any of the reasons set out in this section, www.gohomage.com shall have no liability or responsibility to you, and We will not refund any amounts that you have previously paid.
8. Intellectual property
We honor intellectual property rights, and expect you to do the same. The www.gohomage.com Website and the content provided through the Website is the property of www.gohomage.com or www.gohomage.com’s licensors and is protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the www.gohomage.com Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using www.gohomage.com. Further, you may not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the www.gohomage.com.
9. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the www.gohomage.com Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to www.gohomage.com's designated copyright agent at the following address: GoHomage 4635 27th Ave S. Gulfport, FL 33711 . A notification of claimed copyright infringement must be addressed to www.gohomage.com's copyright agent listed above and include the following: a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; specific identification of each copyrighted work claimed to have been infringed; a description of where the material believed to be infringed is located on www.gohomage.com or the (please be as detailed as possible and provide a URL to help us locate the material you are reporting); contact information for the complaining party, such as a complete name, address, telephone number, and email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Technology limitations and modifications
We will make reasonable efforts to keep the Website and its services operational. However, certain technical difficulties or maintenance may periodically result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions, services, and features of the www.gohomage.com with or without notice.
11. Assignment
We may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
12. Entire agreement
This Agreement, together with the www.gohomage.com Privacy Policy, (the “Agreements”) constitutes, all the terms and conditions agreed upon between you and www.gohomage.com and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to www.gohomage.com are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by www.gohomage.com not contained in this Agreement.
13. Severability
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
14. Choice of Law, Venue, and Waiver of class action rights; limitations period; venue and choice of law
In the unlikely event, we end up in a legal dispute, it will take place in Florida courts, applying Florida law.
You agree that the laws of the State of Florida, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement. The Company and you both agree that all of these claims can only be litigated in the federal or state courts of Pinellas County, Florida, USA, and we each agree to personal jurisdiction in those courts. If you do not agree to this clause you are asked NOT to use www.gohomage.com or its services. If you DO use www.gohomage.com or its Services or Products, you agree to this clause.
15. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
16. How to Contact Us
Homage, LLC, the owner of the Website, is a Florida limited liability company with its registered agent at:
4635 27th Ave S., Gulfport, Florida, 33711
and We may be contacted at info@payinghomage.net