OBITUARe.com Takedown Policy


PLEASE READ THE FOLLOWING POLICY CAREFULLY.
WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND
AGREE TO BE BOUND BY THIS TAKEDOWN POLICY.


This Takedown Policy is hereby effective on March 5, 2023, and will apply to You (hereinafter, “User”, “You” or “Your”) as a result of Your visit to, and use of, www.obituare.com (the “Website”), which is licensed by MMH Technology, Inc. (hereinafter, “MMH”, “Our”, “We” or “Us”, including all Affiliates). Terms that are capitalized herein, but which are not otherwise defined herein, are defined within Our Terms of Service, which can be found here.

If You post User Content to the Website that is deemed potentially defamatory to a third-party, or if Your User Content potentially infringes upon the Intellectual Property of a third-party, You may be held liable for monetary damages as a result of Your actions.

This Takedown Policy sets forth the process by which third-parties (hereinafter, “Third-Party(ies)“, “They”, “Them” or “Their”) can contact Us to request that We takedown Your User Content which is demonstrated to be potentially defamatory to, or Your User Content which potentially infringes upon the property rights of, that Third-Party. If a Third-Party who may be potentially affected by either User Content or Our Content (as these phrases are defined below, collectively, the “Website Content”), this Takedown Notice provides that Third-Party with the process whereby They can request that We take down Website Content that They believe is either defamatory to Them, or which They believe infringes upon Their property rights.

As a responsible website publisher, We support the protection of the reputation and intellectual property rights of all Third-Parties. We do not edit or pre-vet any content that a User posts (“User Content”) to the Website. As it pertains to content that we place (“Our Content”) on the Website, We take all commercially reasonable efforts to ensure that We are not violating the intellectual property rights of Third-Parties. We operate under the notice and take-down process set forth within this Takedown Policy to review Website Content that a Third-Party believes is either defamatory to Them, or that a Third-Party believes infringes upon Their copyright, trademark or other Intellectual Property right.

Upon receipt of appropriate notification (a “Notification”) from a Third-Party of a claim (a “Claim”, as further described below), and upon Our review of a Claim, where We deem it appropriate in Our sole discretion, We may take down or disable access to the Website Content that is demonstrated to be defamatory to, or infringing upon the rights of the Third-Party registering the Claim. All Third-Parties should take notice that providing false or misleading information in the Notification of a Claim may result in civil and/or criminal liability to the Third-Party.

Notice and Procedure for Making a Claim of Defamation:

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT A THIRD PARTY BELIEVES THEY HAVE BEEN DEFAMED BY WEBSITE CONTENT. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

If a Third-Party believes that any Website Content contains statements that are defamatory to Them, They must send a Notification to Us at [email protected], providing Us with all of the specific information set forth below. The sending of the Notification with all of the specific information set forth below constitutes a “Claim”. A Third-Party that sends a Claim may be referred to hereinafter as an“Affected Party”. The mere sending of a Claim by a Third-Party, and Our reference hereafter to that Third-Party as an Affected Party, does not confer upon that Third-Party any specific status, nor is Our reference to a Third-Party that files a Claim as an Affected-Party an admission of any type as it pertains to the Claim alleged by the Third-Party.

If a Third-Party believes that They have been defamed, Their Claim must include the following:

  1. Their contact information including Their name, postal address, telephone number, email address and occupation, if applicable.
  2. Identification of the Website Content and the URL location of the content on the Website (where possible, cut and paste the URL in the Notification) that They believe is defamatory to Them.
  3. A statement as to why They believe the Website Content is defamatory to Them, the specific language that is untrue, and an estimate of any and all specific damages that They are alleging to have suffered as a result of the defamation that They are alleging.
  4. A good faith statement, submitted under the penalty of perjury, that the information provided by Them in the Claim is accurate and true.

Notice and Procedure for Making a Claims of Copyright, Trademark or Intellectual Property Infringement:

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT A THIRD PARTY BELIEVES THAT WEBSITE CONTENT INFRINGES UPON A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT THAT THEY OWN. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

If a Third-Party believes that any Website Content contains material that consists of a copyright, trademark or other Intellectual Property right that They own, They must send a Notification to Us at [email protected], providing Us with all of the specific information set forth below. The sending of the Notification with all of the specific information set forth below constitutes a “Claim”. A Third-Party that sends a Claim may be referred to hereinafter as an “Affected Party”. The mere sending of a Claim by a Third-Party, and Our reference hereafter to that Third-Party as an Affected Party, does not confer upon that Third-Party any specific status, nor is Our reference to a Third-Party that files a Claim as an Affected-Party an admission of any type as it pertains to the Claim alleged by the Third- Party.

If a Third-Party believes that copyright, trademark or other Intellectual Property has been improperly placed on the Website, Their Claim must include the following:

  1. Their contact information including Their name, postal address, telephone number, email address and occupation, if applicable.
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright, trademark or other Intellectual Property right that is allegedly being infringed.
  3. Identification of the Website Content and the URL location of the content on the Website (where possible, cut and paste the URL in the Notification) that They believe infringes upon Their copyright, trademark or other Intellectual Property right.
  4. Copies of the official registration of the allegedly-infringed copyright, trademark or other Intellectual Property right, certified by the appropriate governmental authority of record which had previously-issued formal registration thereof, reflecting that the copyright, trademark or other Intellectual Property right is in an active status.
  5. A statement as to why They believe the Website Content infringes upon Their copyright, trademark or other Intellectual Property right, and an estimate of any and all specific damages that They are alleging to have suffered as a result of the defamation that They are alleging.
  6. A good faith statement, submitted under the penalty of perjury.