|Updated: June 2020|
|2. USER LICENSE
b. Except as specifically authorized by BlackObits, you may not deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. BlackObits reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein.
c. Any rights not expressly granted herein are reserved.
d. User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:
○ to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from the US or the country in which you reside;
○ not to host, submit content to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a “Minor”);
○ not to use the Services for illegal purposes;
○ not to commit any acts of infringement on the Services or with respect to the Services content;
○ not to use the Services to engage in commercial activities;
○ not copy any content, including death notices, for republication in any newspaper or other publication, whether in print or online;
○ not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using the Services in that person’s name, and linking to any commercial or other website from the Services;
○ not to attempt to gain unauthorized access to other computer systems from or through the Services;
○ not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;
○ not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
○ not to upload or transmit viruses or other harmful, disruptive or destructive files;
○ not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites
e. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
|3. SERVICES CONTENT
a. Nature of User Material. Some features of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”). You agree not to Submit any Material that:
i. contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
ii. is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
iii. unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services;
iv. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
v. is intended primarily to promote a cause or movement, whether political, religious or other;
vi. contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
vii. constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
viii. discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;
ix. infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
x. contains viruses or other harmful, disruptive or destructive files;
xi. harms or is inappropriate for minors to view;
xii. links to any commercial or other website;
b. User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:
i. you are the author of the Material, or
ii. the Material is not protected by copyright law, or
iii. you have express permission from the copyright owner to post the Material to the Services ; and
c. User License Grant to BlackObits You grant BlackObits, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to BlackObits in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize BlackObits to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant BlackObits and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant BlackObits the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. BlackObits does not claim ownership of Material you Submit to the Services.
d. Disclaimer of Responsibility for Material. You acknowledge and agree that BlackObits does not control user-generated content or Material Submitted to the Services, and disclaims any responsibility for such Material. BlackObits specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such content, or other Material. In addition, BlackObits does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. BlackObits assumes no responsibility or liability for any errors or omissions in the content of the Services.
e. Review & Removal of Material.
i. BlackObits reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or any Material available through the Services that BlackObits believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. BlackObits also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or Material available through or Submitted to the Services for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made in connection with Services content that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, BlackObits, will issue a full refund.
ii. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by the Services infringes your copyright, you (or your agent) may send BlackObits a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BlackObits to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to BlackObits, 426 Marietta Street NW, Suite 101A, Atlanta, GA 30313. BlackObits suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
|4. TERMINATION AND MODIFICATIONS TO THE SERVICES
BlackObits reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, functions, look and feel.
|6. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY BlackObits, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BlackObits DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
|7. LIMITATION OF LIABILITY
IN NO EVENT SHALL BlackObits BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF BlackObits HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. BlackObits ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. BlackObits ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BlackObits’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO BlackObits OR (B) $100 (WHICHEVER IS LESS).
|8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
b. Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and BlackObits may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information. BlackObits accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at BlackObits’ discretion. You agree that BlackObits shall not be liable to you or any third-party for any termination of your access to any Services.
c. Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to BlackObits.
d. In connection with BlackObits Websites, the following terms shall also apply:
i. The creator and manager of a Memorial Website shall be known as the “Site Host.”
ii. The party who pays for the Memorial Website shall be known as the “Site Sponsor.”
iv. The Site Host shall have the right of first refusal to be the Site Sponsor, however, if the Site Host does not choose to become the Site Sponsor following the trial period, if any, BlackObits may allow another party to become the Site Sponsor. The Site Sponsor’s name will appear on the first page of the Memorial Website after the statement, “Sponsored by….” If a party other than the initial Site Host becomes the Site Sponsor within the trial period, if any, the Site Host may elect to become the Site Sponsor, and BlackObits shall refund the first Site Sponsor’s fee in its entirety. If the fourteen day trial period expires without a Site Sponsor, the Memorial Website shall be archived until such time as a Site Sponsor sponsors the Memorial Website.
v. In the event that a Site Host is unwilling or unable to continue to serve as Site Host, said Site Host may notify BlackObits in writing of his/her intention to cease serving as Site Host and to appoint a new Site Host. BlackObits may (but is not obligated) to inquire in writing whether a Site Host intends to continue to serve as Site Host. If the Site Host does not appoint a new Site Host, BlackObits may notify the Site Sponsor, if different from the Site Host, to request the appointment of a new Site Host. Thereafter, if the Site Sponsor does not appoint a new Site Host, BlackObits may, at its discretion, at any time, archive the Memorial Website until such time as a new Site Host requests permission to become the Site Host of the Memorial Website.
|9. PERMANENCE OF MATERIAL
Subject to its suspension, cancellation, and termination rights and rights to remove Material, BlackObits represents that the Services content sponsored as “permanent” will remain available through the Services for the duration of BlackObits’ existence, and that each Guest Book sponsored as “one year” will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of BlackObits cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services content that you sponsored, or any other service to which you subscribed. You may at any time ask BlackObits to delete without charge the Services content, or other service that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, BlackObits. hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information indentifying current providers of such protections is available at the web site America Links Up
|11. YOUR ACCOUNT, PASSWORD, AND SECURITY
Some features of the Services may require you to register and/or create an account with BlackObits During this process, you must select an account designation and password and provide certain personal information to BlackObits including a valid email address. In consideration of the use of BlackObits’ Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BlackObits has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BlackObits has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
a. You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify BlackObits of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. BlackObits will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
|12. LINKS AND FARMING
As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with BlackObits while others are not. BlackObits is not responsible for the contents of any website pages created and maintained by organizations independent of BlackObits Visiting any such third-party website pages is at your own risk. BlackObits has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by BlackObits By using the Services, you acknowledge that BlackObits is responsible neither for the availability of, nor the content located on or through any third-party website pages.
BlackObits.®, is a registered trademark of BlackObits Such trademarks and other marks, logos, and names of BlackObits, used on or in connection with the Services may not be used in connection with any product or service that is not under BlackObits’ ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits BlackObits All other trademarks not owned by BlackObits or its affiliates that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlackObits or its affiliates.
d. Contact BlackObits. For purposes of providing notice of cancellation or termination, contact BlackObits at BlackObits, 106 S. 20th Avenue, Hollywood, FL 33020.