OBITUARe.com Terms of Service

PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.

These Terms of Service are hereby effective on April 7, 2014 and will apply to the website that you are visiting, www.obituare.com (the “Website”), which is owned by Obituare, LLC (“Obituare”).

 

Privacy:  Since it affects your use of Obituare’s web site, please review Obituare’s privacy policy to understand Obituare’s practices. By using the website or purchasing Obituare’s products or services, you agree that Obituare may use and share your personal information in accordance with the terms of Obituare’s Privacy Policy.

 

Your Account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Obituare reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

License and Site Access: Obituare grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Obituare. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of Obituare without express written consent. You may not use any meta tags or any other “hidden text” utilizing Obituare’s name or trademarks without the express written consent.  You must not modify, attempt to modify, adapt, attempt to adapt, hack, or attempt to hack the website.  Any unauthorized use terminates the permission or license granted.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Obituare so long as the link does not portray Obituare, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Obituare logo or other proprietary graphic or trademark as part of the link without express written permission.  You may not misrepresent your relationship with Obituare or imply that Obituare sponsors, endorses, or is affiliated with your website or products.  Except as stated above, you are not given any other right or license to (i) the content of this website or (ii) any intellectual property or proprietary rights of Obituare.  This limited linking right may be taken away from you at any time at the Obituare’s discretion.

 

Content Licensing and User’s Rights:  You retain your rights to any content you submit, post or display on or through the website. By submitting, posting or displaying content on or through the website, you grant Obituare a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).You agree that this license includes the right for Obituare to provide, promote, and improve the website and to make content submitted to or through the website available to other companies, organizations or individuals who partner with the Obituare for the syndication, broadcast, distribution or publication of such content on other media and services, subject to Obituare’s terms and conditions for such content use.Such additional uses by Obituare, or other companies, organizations or individuals who partner with Obituare, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Services.  Obituare may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the website, for any content you provide, and for any consequences thereof, including the use of your content by other users and Obituare’s third party partners. You understand that your content may be syndicated, broadcast, distributed, or published by Obituare’s partners and if you do not have the right to submit content for such use, it may subject you to liability.  Obituare will not be responsible or liable for any use of your content by Obituare in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.

 

Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of Obituare’s website.  You may not use Obituare’s website for any illegal or unauthorized purpose.  International users agree to comply with all local laws regarding online conduct and acceptable content.  Specifically, you agree to follow all laws that apply to transmitting technical data exported form the United States or the county of your residence.  Should you be found to have engaged in illegal or abusive usage of Obituare’s website, Obituare will suspend your account or usage as applicable.  Obituare reserves the right (but not the obligation) to remove, without notice and in its sole discretion, any content posted by a user that Obituare believes contains false, inaccurate, defaming, or abusive information.  Obituare may, but has no obligation to, remove content and accounts that Obituare determines, in its sole discretion, are unlawful, violate any party’s intellectual property, or these Terms of Service.

Obituare does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on the website or endorse any opinions expressed by users on the website. You understand that by using the website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Obituare be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website or broadcast elsewhere.

 

Website Transmission and User Data Usage:  You understand that the technical processing and transmission of the website and services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Obituare reserves the right to temporarily disable your account if your usage significantly exceeds the average usage of other website customers.  In most cases, Obituare will contact to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the website for other customers.

 

Electronic Communication: When you visit Obituare’s website or send emails to Obituare, you are communicating with Obituare electronically.  You consent to receive communications from Obitaure electronically.  Obitaure will communicate with you by email or by posting notices on the website.  You agree that all agreements, notices, disclosures and other communications that Obituare provides to you electronically satisfy any legal requirement that such communications be in writing.  Technical support is only provided via email.

 

Subscriptions and Billing:

(1) Billing: By providing a credit card or other payment method accepted by Obituare (“Payment Method”) for your subscription, you are expressly agreeing that Obituare is authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by contacting Obituare via email. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize Obituare to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

Obituare automatically bills your Payment Method each year on the calendar day corresponding to the commencement of your subscription (each such month, a “Yearly Period”). In the event your subscription began on a day not contained in a given month, Obituare will bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on February 29, your Payment Method would next be billed on February 28 of the following year.  You acknowledge that the amount billed each Yearly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize Obituare to charge your Payment Method for the corresponding amounts. If the Obituare changes the subscription fee or other charges for your subscription from time to time, Obituare will give you advance notice of these changes by email. However, Obituare will not be able to notify you of changes in any applicable taxes.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Very rarely, if there are special circumstances where Obituare determines it is appropriate (e.g., the website is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Obituare’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

(2) Free Trials: Obituare’s service is offered with a free trial.  Once that trial is up, you will only be able to continue using the service by paying in advance for an additional subscription.  If you fail to pay for an additional subscription, your account will be frozen and inaccessible until payment is made.

(3) Ongoing Subscription and Cancellation: Your subscription will continue in effect on a yearly basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Yearly Period in order to avoid the next billing.  Obituare will bill the yearly subscription fee plus any applicable taxes to the Payment Method you provide to Obituare during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Yearly Period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your account by emailing Obituare.

If you have subscribed to and paid for the Extended Obituary Plan for five (5) consecutive years, your account will automatically be upgraded to the Unlimited Obituary Plan.  If you choose to upgrade your account from an Extended Obituare Plan to the Unlimited Obituary Plan before five (5) consecutive years have passed, the cost of upgrading with be the price of the Extended Obituary Plan minus the total amount you have paid for the Extended Obituare Plan.  Please email Obituare directly if you wish to make this upgrade.

(4) Unpaid Amounts:  In order to sustain Obituare’s website, it is important that each user of the subscription service honor the payment obligations to which the user agreed. Accordingly, Obituare reserves the right to pursue any amounts you fail to pay in connection with your subscription service. You will remain liable to Obituare for all such amounts and all costs Obituare incurs in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.  Failure to make timely payments may cause the loss of features or capacity of your account.  Obituare does not accept any liability for such loss.

 

Modification to the Service and Prices:  Obituare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the website with or without notice.

Prices of all services and subscriptions are subject to change upon thirty (30) days notice from us.  Such notice may be provided at any time pursuant to the Electronic Communication section of these Terms.  Obituare shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of services and subscriptions.

Any new features that augment or enhance the current website or services, including the release of new tools and resources, shall be subject to the Terms of Service.  Continued use of the website and services after any such changes shall constitute your consent to such changes.

 

Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Obituare protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Obituare and protected by U.S. and international copyright laws. All software used on this site is the property of Obituare or its software suppliers and protected by United States and international copyright laws.

 

Trademarks: Obituare, LLC or www.obituare.com, and other Obituare graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Obituare in the U.S. and/or other countries. Obituare’s trademarks and trade dress may not be used in connection with any product or service that is not Obituare’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Obituare.  All other trademarks not owned by Obituare that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Obituare.

 

Third Part Websites:  This website may contain links to third party websites.  Obituare does not represent, guarantee, or endorse any website that you may access from this website.  In addition, if Obituare provides a link to a website, Obituare does not represent, guarantee, or endorse that company or any of its offerings.  When you access a non-Obituare web site, the linked site and its content are not under Obituare’s control. Obituare is not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.

 

Applicable Law:  By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Obituare.  All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

Indemnification:  By visiting our website, you agree to reimburse Obituare, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from your violation of these Terms of Service.

 

Disclaimer of Warranties and Limitation of Liability:

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OBITUARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OBITUARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OBITUARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OBITUARE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM OBITUARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  OBITUARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

OBITUARE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE AND RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE OR SERVICE WILL BE CORRECTED.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OBITUARE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE OBITUARE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE OBITUARE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE FAILURE OF OBITUARE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

 

Entire Agreement:  These Terms and our Privacy Policy are the entire and exclusive agreement between Obituare and you regarding the website (excluding any services for which you have a separate agreement with Obituare that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Obituare and you regarding the website.  No other person or Obituare will be third party beneficiaries to the Terms.  We may revise these Terms from time to time, the most current version will always be at obituare.com/tos.  If the revision, in Obituare’s sole discretion, is material Obituare will notify you via e-mail to the email associated with your account. By continuing to access or use the website after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact Obituare at support@obituare.com.