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 OF SERVICE.
These Terms of Service are hereby effective on March 5, 2023, and will apply to the website that you (hereinafter, “User”, “You” or “Your”) are visiting, www.obituare.com (the “Website”), which is licensed by MMH Technology, Inc. (hereinafter, “MMH”, “Our”, “We” or “Us”, including all Affiliates).
Your Account: By using the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. We reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
License and Site Access: We grant You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify the Website, or any portion of it, except with Our express written consent. The limited license that we grant to You to use the Website does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resale, or otherwise exploit for any commercial purpose any portion of the Website without Our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information contained on the Website, including, but not limited to, images, text, page layout, fonts or associated pages or forms, without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, service marks or any other content shown on the Website without Our express written consent. You may not modify, attempt to modify, adapt, attempt to adapt, hack, or attempt to hack the Website. Any unauthorized use of the Website terminates any permission or license otherwise granted to You.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website, its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Our logos or other proprietary graphics, trademarks, service marks or content as part of a link to any other web page without Our express written permission. You may not misrepresent Your relationship with Us or imply that either the Website or MMH sponsor, endorse, 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 the Website; or, (ii) any of Our owned or licensed intellectual property rights, whether associated with the Website or otherwise. This limited linking right may be taken away from You at any time at Our sole unfettered discretion.
Content Licensing and User’s Rights: You retain rights to any content You submit, post or display (the“User Content”) on or through the Website. By submitting, posting or displaying User Content on or through the Website, You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense for any purpose) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your User Content in any and all media or by the use of any distribution method (now known or later developed). You agree that this royalty-free license includes the right for Us to provide, promote, and improve the Website and to make User Content submitted to or through the Website available to other companies, organizations or individuals who partner with the Us for the syndication, broadcast, distribution or publication of User Content on other media and services, without limitation. Any user of the User Content by Us or other companies, organizations or individuals who partner with Us, shall be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through the Website. We may modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your User Content as We deem necessary, at Our sole discretion, to conform and adapt Your User Content to any requirements or limitations of any networks, devices, services or media with whom We are affiliated.
You are responsible for Your use of the Website, for any User Content You provide, and for any consequences thereof. You understand that Your User Content may be syndicated, broadcast, distributed, or published by Our affiliates and partners, and if You do not have the right to submit Your User Content for such use, it may subject You to civil monetary liability. We will not be responsible or liable for any use of Your User Content in accordance with these Terms of Service. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit to the Website or to Us.
Illegal or Abusive Usage is Strictly Prohibited; Takedown Policy: You may not abuse, harass, threaten, impersonate or intimidate other users of the Website. You may not use the 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 from the United States or the country of Your residence. Should You be found to have engaged in illegal or abusive usage of the Website, We may suspend Your account or usage as applicable. We reserve the right (but not the obligation) to remove, without notice and in Our sole discretion, any of Your User Content that We believe contains false, inaccurate, defaming, or abusive information. We may, but have no obligation to, remove User Content and accounts that We determine, in Our sole discretion, are unlawful, violate any party’s intellectual property, or these Terms of Service. All of the aforementioned notwithstanding, Your User Content, Your use of the Website and any account that You create on the Website shall be subject to Our formal Takedown Policy, which can be found here, and which is incorporated herein by this reference.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on the Website, nor do We endorse any opinions expressed by You or other users of the Website. You understand and acknowledge that by using the Website, You may be exposed to User Content created by others that You may deem to be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that may have been mislabeled or is otherwise deceptive. Under no circumstances will We be liable to You in any way for any User Content, or the effect of User Content upon You, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind, whether direct, indirect or of a special nature, incurred by Your or others as a result of Your use of the Website or of Your viewing of any User Content posted, emailed, transmitted or otherwise made available to You or others via the Website or broadcast elsewhere.
Website Transmission and User Data Usage:You understand and acknowledge that the technical processing, transmission, publishing and conveyance of the Website and any functionality associated therewith, including Your User Content, may be transferred unencrypted and involve: (a) transmissions over various non-private networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right, in Our sole discretion, to temporarily disable Your account if Your usage of the Website significantly exceeds limits that We may establish for any performance metric that We choose to measure. In most cases, We may, but are not obligated to, contact You before taking any action relative to Your User Content or account.
Electronic Communication: When You visit the Website, use Our online chat system or send emails to Us, you are communicating with Us electronically, and shall hold Us harmless in the event that You are damaged in any manner by relying upon these communications methods. You consent to receive communications from Us electronically, irrespective of the manner or method of these communications. You understand, acknowledge and agree that all agreements, notices, disclosures and other communications that We provide to You electronically or otherwise, satisfy any legal requirement that such communications be in writing.
Modification to the Products or Service: We reserve the right at any time, at Our sole discretion, to modify or discontinue, temporarily or permanently, any part of the Website, or any service or product associated therewith, with or without notice.
Fees associated with any of Our products and services, including, but not limited to, the fees associated with any Subscriptions, are subject to change upon reasonable notice to You from Us. Such notice may be provided at any time pursuant to the express terms of these Terms of Service. We shall not be liable to You or to any third-party, for any modification, change, suspension or discontinuance of products, services and subscriptions, or the fees associated therewith.
Any new features or functionality that augment or enhance the Website, Our products or services, including the release of new tools and resources, shall be subject to these Terms of Service. Your continued use of the Website, products and services, after any such changes have been implemented, shall constitute Your consent to, and acceptance of, such changes.
Copyright, Trademarks, Service Marks or Trade Dress: All content included on the Website, such as text, page headers, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trade names, trademarks, service marks, scripts and software (collectively, the“Intellectual Property”, is Our Intellectual Property, or the Intellectual Property of third-parties who have granted Us the permission to use their Intellectual Property. All Intellectual Property is protected by United States and international copyright laws. The compilation of all content on the Website is Our exclusive property of Obituare and protected by United States and international copyright laws.
Third-Party Websites: The Website may contain links to third-party websites. We do not represent, guarantee, or endorse any website that You may access from the Website. In addition, if You access a link to another website from the Website, We do not make any representations, guarantees, or endorsements, implied or express, related to the linked-to website, or any company, product or service associated therewith. When You access a third-party web site in any manner, the linked site and its content are not under Our control. We are not responsible for webcasting, cookies, tracking methodologies or any other form of transmission that You may receive from any sites that You link to from the Website, and as such, You are solely responsible for protecting the integrity and privacy of Your computer system and data from viruses and other malicious intrusions that You may experience.
Applicable Law: By visiting the Website, You agree that the laws of the State of Delaware, 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 Us. All claims, legal proceedings or litigation arising in connection with Your use of the Website, or any purchase of products or services from Us, will be brought solely in the federal or state courts located in the city of Wilmington, Delaware, 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 the Website, You agree to reimburse Us, and to hold harmless Our 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:
THE WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THD WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TH WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, 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, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; OR COMMUNICATION THAT YOU MAY CONDUCT ON OR IN CONNECTION WITH THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TH WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WE DO NOT WARRANT THAT: (i) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) THE WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE AND RELIABLE; (iv) THE QUALITY OF THE WEBSITE, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND, (v) ANY ERRORS OR DEFICIENCIES IN OR ON THE WEBSITE, ANY PRODUCT OR SERVICE WILL BE CORRECTED.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO ANY CLAIM THAT YOU MAY ALLEGE AGAINST US.
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 WE HAVE 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 STATE 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.
OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
If You have any questions about these Terms of Service, please contact Obituare at [email protected].