Terms of Use

By accessing or using the Immortalia website, the Immortalia service, or any applications (including mobile applications) made available by Immortalia (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Elegant Moose, LLC (the "Company"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

General Conditions

  1. The Company reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  2. The Company reserves the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time without advanced notice. Your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  3. The Company reserves the right to refuse access to the Service to anyone for any reason at any time.
  4. The Company may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  5. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the Company is not responsible or liable for the conduct of any user. The Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  6. You agree that you are responsible for all data charges you incur through use of the Service.

User Generated Content

  1. The Company does not claim ownership of any content of any kind ("Content") that you post on or through the Service. Instead, you hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Company's Privacy Policy, available here _____________________.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service.
  3. The Service contains content owned or licensed by the Company ("the Company Content"). The Company Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the Company, the Company owns and retains all rights in the Company Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Company Content.
  4. The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission from Company.
  5. Although it is the Company's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, the Company reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the Company, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, the Company encourages you to maintain your own backup of your Content. You agree and acknowledge that the Company is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. The Company will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  6. You agree that the Company is not responsible for, and does not endorse, Content posted within the Service. The Company does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates this Agreement, you may bear legal responsibility for that Content.
  7. You hereby acknowledge that when you share or make public any Content through the Service, you are allowing other people to copy such Content into their own computer. Except as otherwise described in the Company's Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place the Company in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of the Company, and the Company will not be liable for any use or disclosure of any Content you provide.

Disclaimer of Warranty

  1. The Company's Service is provided to our users and prospective users "as is" and "as available" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement. The Company reserves the right to block or deny access to the Website to anyone at any time for any reason.
  2. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon or any content you receive as a result of your relationship with the Company. The Company will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any content. You also agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Service, will create any warranty not expressly made herein

Limitation of Liability

In no event will the Company be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of the Service this website or any other hyperlinked websites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if the Company is expressly advised about the possibility of such damages.


You agree to indemnify and hold the Company (and any employee, officer, director or affiliate of the Company, each a "Company Person") harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Service, the violation of these Terms of Use by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted through the Service by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the Company or any Company Person. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

Governing Law; Jurisdiction

This Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Georgia, without regard to any choice of law rules that may direct the application of the law of another jurisdiction. In the event any controversy or dispute arises in connection with this Agreement that cannot be first resolved through good faith negotiations between the parties, each party (i) submits to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia or the United States District Court, Northern District of Georgia, Atlanta Division, hereby expressly waiving whatever rights may correspond to it by reason of its present or future domicile, and (ii) agrees to service of process by certified mail, return receipt requested.