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Tributes.com Terms of Use


Tributes.com Terms of Use

Last Updated: October 9, 2012


Introduction

Welcome to Tributes.com. Tributes.com is a media property of Tributes, Inc. (also referred to as "The Company" or “Tributes”) located online at http://www.tributes.com (also referred to as "the Web site" or "Tributes.com") that is the national online resource for timely obituary news (both local and celebrity), a lasting tribute celebrating the lives of loved ones, and online community to provide support during times of loss and grieving. These terms of use ("TOU") constitute a binding agreement between Tributes and you governing your use of the Web site. By visiting the Web site, you agree to be bound by all of the terms and conditions of the TOU, whether you are a "Visitor" (which means you are just browsing Tributes.com) or a "Registered User" (which means you have registered with Tributes.com).

If you do not agree to these TOU, please do not register for or enter the Web site. The Company may also modify the TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Web site after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting Tributes.com immediately.

We at Tributes take these terms of use seriously. We believe they are necessary to create a Web atmosphere in which Tributes’ users, content providers, and service providers may feel safe and respected. If we believe you have breached the TOU, we may, without notice, suspend or terminate your ability to access the Tributes Web site and/or any other service, specific content, digital products, products, courses or events, provided to you by Tributes, including any personal web site.

Registered Users

Visitors to Tributes.com may choose to register their identifying information and become "Registered Users." Others may become Registered Users via a separate agreement with Tributes. As a Registered User, you have your own account consisting of access to content, tools and other services reserved solely for Registered Users.

Each Registered User may receive a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account on Tributes.com. You agree to immediately notify Tributes of any unauthorized use of your password or account or any other breach of security of which you become aware.

Tributes cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

By registering at Tributes.com, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Tributes suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted, including but not limited to information about yourself, and you may be barred from using the Web site.

Users Who Are Age 18 and Younger

Tributes.com is not directed at children under 13 years of age. Any registration with, use of, or access to the Tributes.com by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU.

Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children. Because Tributes.com contains user-generated content, please be aware the Tributes.com users may have created areas on the Web site that contain adult or mature content.

Privacy Policy

Your use of Tributes.com is subject to our Privacy Policy. To view the Tributes Privacy Policy, please visit http://www.tributes.com/global/privacy

Reliance on Information

Tributes.com presents resources for the purpose of informing, sharing, and creating a community among Tributes Visitors and Registered Users; Tributes' intent is not to provide exhaustive information or advice on a particular topic. The information contained here should not replace a consultation with a qualified expert in the appropriate field, such as an attorney, accountant, financial or investment advisor, mental health professional, health care provider, or therapist.

Other Parties and Web Sites

From time to time, Tributes may make available to you certain services offered by third parties, and certain pages of Tributes.com may include links to other parties' Web sites. Those third party services and Web sites are not governed by these TOU but may be governed by other terms of use. Also, Tributes does not review all the content of these external Web sites and is not responsible for the quality of information or links on any of the external Web sites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Copyright

Tributes is the owner of the Web site as a whole, and of any individual content on the Web site that is provided by Tributes staff members, or contributors who provide work under contract with Tributes. All Tributes content is protected under the copyright and intellectual property laws of the United States and other countries. The Web site also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of Tributes.com content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Tributes.com. You may not incorporate the information, content, or other material on Tributes.com in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Web site, except as specifically noted above.

Except as specifically authorized by Tributes, Inc., you may not deep-link to this Web site for any purpose or access this Web site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Web site or any information, content, or material on this Web site. Tributes 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 this Web site or any content contained therein, whether in whole or in part.

Content and Comments Posted by Tributes Users

Tributes.com is an online destination where friends and family can come together to honor the memories of their loved ones with lasting personal tributes. The interactive nature of postings on Tributes.com makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The obituary-related content, ideas, suggestions, opinions, comments, and observations made by Web site users, and any text, data, photographs, video, music, sound, chat, messages, obituary content, files or other material provided to us by Tributes.com Visitors and Registered Users (all of which are referred to as "User Content") are not endorsed by Tributes, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Web site. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Web site is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.

Tributes does not claim any ownership rights in User Content. By submitting User Content, you are representing that you are the creator of the material you submit, or have authorization to distribute it, and that the User Content does not violate these TOU. After posting UserContent, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content inany way you choose. By sending User Content to Tributes, or posting it on the Web site, you expressly grant Tributes a worldwide,transferable, sublicensable, royalty-free, and non-exclusive license to publicly display, use,reproduce, modify, publish, archive, store, transmit, create derivative works from, and distribute the User Content 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 also grant Tributes the right to use your User Content and any facts, data, ideas, concepts or know-how contained in the User Content you provide to us for any purpose whatsoever, including, without limitation, enhancing the Web Site and/or developing, promoting and marketing other products and services. This license will continue perpetually unless and until you remove your user content from the Web site, at which time the license granted here will automatically expire; provided however that Tributes may retain archived copies of your user content, and may continue to include, use, or display such user content in published materials (e.g. books, television products) created prior to such removal of your user content. Notwithstanding the foregoing, you acknowledge and agree that the license granted by you to Tributes for User Content included in obituaries or obituary notices (the “Obituary Content”) shall be irrevocable. Registered Users may request that Tributes take down Obituary Content by contacting support@tributes.com, but Tributes shall not be obligated to do so.

If you choose to post User Content on Tributes.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Tributes.com reflects your respect for the legal rights of users connected with Tributes. In particular, you agree to the "Rules of Conduct" posted below (though this is not meant as an exhaustive list).

You acknowledge that Tributes may or may not pre-screen User Content, but that Tributes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Web site for any or no reason and with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the Web site and to any and all materials you post on Tributes.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material ("User Content") whether the User Content is included in obituaries, tributes, memory books, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion or feature of Tributes.com.

You may not, in connection with the Web site, upload, post, email or otherwise transmit any User Content that:

  • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
  • a reasonable person would consider excessive, inappropriate, harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited e-mail or spam;
  • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  • Harm minors in any way;
  • Solicit personal information from anyone under 18;
  • Use or create inappropriate screennames or Group names;
  • Provide false or deceptive information (including impersonating another person or entity);
  • Use Tributes.com as a forwarding service to another Web site;
  • Do anything to prevent the full and complete display of advertisements on Tributes.com pages. These include, but are not limited to, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Web site;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other Content when you have not been granted the privileges to do so; or
  • Allow usage by others in such a way as to violate Tributes' TOU.

You may not, except with Tributes' express advance authorization or in a specially designated area, use the Web site to:

  • upload, post, email or otherwise transmit any User Content that provides any telephone numbers, street addresses, last names, URLs or email address; or
  • engage in commercial activities within Tributes.com (such as by advertising or selling products or services, or inducing Registered Users, Guests, and Visitors to the Web site to enroll in a promotional or money-making enterprise).

In addition, you may not interfere in any way with the Web site's networks or network security, or attempt to use the Web site to gain unauthorized access to any other computer system.

Tributes Products and Services

Registered Users may create and maintain their own Tributes products and services within the Web site. Such products and services may consist of user-generated content, Internet-based memory books and other functionalities that enable users who visit the products and services (e.g. obituary or tribute) to communicate with each other.

In the Registered User's sole discretion, he or she may:

  • change the obituary's / tribute's access designation (whether restricted or public) at any time;
  • delete any User Content posted to the obituary / tribute or associated memory book.

Tributes may offer product or services that are “permanent,” for a “lifetime,” or “eternal” (the “Lifetime Products”), and others that indicate that they will survive for a fixed duration (e.g. one year) (the “Fixed Duration Products”). Subject to its suspension, cancellation, and termination rights and rights to remove user content and other material, Tributes represents that Lifetime Products will remain on the Web site for so long as Tributes owns and maintains the Web Site. Fixed Duration Products will remain on the Web site for the duration specified (e.g. one year), unless: (a) this Web site ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Tributes cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Web site or the applicable product or service to which you subscribed.

Fees and Payments

You acknowledge that Tributes.com reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time at its discretion. Billing will be processed immediately upon purchasing a Tribute.com product and/or service. If Tributes.com modifies, removes, discontinues or terminates your service, product or user registration you shall not be entitled to a refund. All sales are final. There are no refunds.

Billing for products and services will generally be on a monthly or annual recurring basis unless otherwise stated. Your credit card will automatically be charged on each renewal date unless cancelled prior to the respective renewal date.

At any time, to request removal of your purchased product from the Web site and/or to discontinue future Recurring Billing Charges in connection with a purchased Tribute product and/or service, e-mail Customer Support at support@tributes.com with your request. In the event that you request that the Recurring Billing Charges in connection with a purchased Tributes product and/or service be discontinued, the applicable Tributes product or service will be removed from the Web site at the expiration of the then-current term.

Copyright Infringement

Tributes respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Tributes and the Web site, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. Tributes reserves the right, in its discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found here.

Tributes’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: support@tributes.com

By mail:
Tributes, Inc.
Attention Copyright Agent
192 South Street, 5th Floor
Boston, MA 02111

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Users or Visitors to the Web site. Tributes reserves the right, but has no obligation, to monitor or take action regarding disputes between Registered Users and/or Visitors. In the event of disputes, Tributes may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Web site, and removing any User Content.

Indemnity

You agree to indemnify and hold Tributes and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Web site, your use of the Web site or other Tributes services, your connection to the Web site, your violation of the TOU, or your violation of any rights of another.

General Practices Regarding Use and Storage

Tributes may establish general practices and limits concerning use of the Web site, including, for example, limits on the number of:

  • days that memory book postings or other uploaded content and User Content will be retained
  • obituaries which you may enhance / edit
  • files (including graphics, photographs, videos, or sound/music files) that may be posted
  • disk space that will be allotted on Tributes' servers on your behalf, and
  • times you may access the Web site in a given period of time (and the maximum duration of your visits to the Web site).

You agree that Tributes has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by Tributes and its affiliated websites.

Modifications to the Web Site

Tributes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. Tributes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site.

Termination

Tributes may, under certain circumstances and without prior notice, immediately terminate your Tributes account and access to the Web site and any other Tributes services. Cause for such termination shall include, but not be limited to:

  1. breaches or violations of the TOU or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. a request by you (self-initiated account deletions);
  4. discontinuance or material modification to the Web site (or any part thereof);
  5. unexpected technical or security issues or problems;
  6. extended periods of inactivity;
  7. engagement by you in fraudulent or illegal activities; and/or
  8. nonpayment of any fees owed by you in connection with the Web site or any other Tributes products or services.

Termination of your Tributes account includes:

  1. removal of access to all pages within the Web site;
  2. deletion of your password and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and
  3. barring of further use of the Web site. Further, you agree that all terminations for cause shall be made in Tributes' sole discretion and that Tributes shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIBUTES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TRIBUTES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

  1. THE WEB SITE OR ANY OTHER TRIBUTES SERVICES WILL MEET YOUR REQUIREMENTS;
  2. THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TRIBUTES WILL MEET YOUR EXPECTATIONS; AND
  5. ANY ERRORS ON THE WEB SITE WILL BE CORRECTED. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIBUTES OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIBUTES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIBUTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

  1. THE USE OR THE INABILITY TO USE THE WEB SITE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE;
  3. AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
  5. ANY OTHER MATTER RELATING TO THE WEB SITE OR TRIBUTES.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTICE

Tributes may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Web site.

Violations of These Terms of Use

Please report any violations of the TOU, including objectionable User Content or behavior, to http://tributes.com/global/contact. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Tributes in its sole discretion may investigate the matter and take such action as Tributes determines to be appropriate.

No Waiver

Tributes' failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that Tributes may at any time choose to take an action that it is permitted or legally entitled to take, even if Tributes has not taken such an action in the past, in the same or a similar situation.