1. ACCEPTANCE
OF TERMS
DEATH-ANNOUNCEMENT.COM welcomes you. We have the right
to update the information in our website from time to
time without notice to you.
2. DESCRIPTION OF SERVICE
DEATH-ANNOUNCEMENT.COM provides users with access to
various communications tools, shopping services, personalized
content and branded programming. You also understand
and agree that we also may include advertisements and
that these advertisements are integral to our service.
You also understand and agree that our Services may
include certain communications from DEATH-ANNOUNCEMENT.COM,
such as service announcements, and administrative messages,
and that these communications are considered part DEATH-ANNOUNCEMENT.COM
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our Services, you represent
that you are of legal age to form a binding contract
and are not a person barred from receiving services
under the laws applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by our registration
form (the "Authorized Site User” ASU-Information
Form) and (b) maintain and promptly update the ASU-Form
to keep it true, accurate, current and complete, every
time you access our Services to register an Announcement.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or DEATH-ANNOUNCEMENT.COM
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, DEATH-ANNOUNCEMENT.COM
has the right to suspend or terminate your account and
refuse any and all current or future use of our Services
(or any portion thereof). DEATH-ANNOUNCEMENT.COM is
concerned about the safety and privacy of all its users,
particularly the bereaved families, relatives and or
friends. For this reason, the ASU-Identification Form
can only be submitted and accepted, after all steps
have been taken, including the payment instruction form.
4. PRIVACY POLICY
The ASU-form and certain other information about you
are subject to our Privacy Policy. This information
will be posted as you (the ASU) have submitted and can
not be tampered with by other individuals.
5. VISITORS CONDUCT
You understand that all information, text, photographs,
graphics, messages, tags, or other materials ("Data"),
whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such
Data originated. This means that you, and not DEATH-ANNOUNCEMENT.COM,
are entirely responsible for all Data that you upload,
post, email, transmit or otherwise make available via
our Services. DEATH-ANNOUNCEMENT.COM does not control
the Data posted via our Services and, as such, does
not guarantee the accuracy, integrity or quality of
such Data. You understand that by using our Services,
you may be exposed to Data that is time- and health-sensitive.
Under no circumstances will DEATH-ANNOUNCEMENT.COM be
liable in any way for any Data, including, but not limited
to, any errors or omissions in any Data, or any loss
or damage of any kind incurred as a result of the use
of any Data posted, emailed, transmitted or otherwise
made available via our Services.
You agree to not use our Services to:
a. upload, post, email, transmit or otherwise make available
any Data that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm the bereaved families, relatives and or friends
in any way;
c. impersonate any person or entity, including, but
not limited to, a DEATH-ANNOUNCEMENT.COM official, or
falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Data transmitted
through our Services;
e. upload, post, email, transmit or otherwise make available
any Data that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available
any Data that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
h. disrupt the normal flow of dialogue, cause a screen
to "scroll" faster than other users of our
Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage
in real time exchanges;
i. interfere with or disrupt our Services or servers
or networks connected to our Services, or disobey any
requirements, procedures, policies or regulations of
networks connected to our Services;
j. intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission.
You acknowledge that DEATH-ANNOUNCEMENT.COM may or may
not pre-screen Data, but that DEATH-ANNOUNCEMENT.COM
and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen,
refuse, or move any Data that is available via our Services.
Without limiting the foregoing, DEATH-ANNOUNCEMENT.COM
and its designees shall have the right to remove any
Data that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the submission of any Data, including
any reliance on the accuracy, completeness, or usefulness
of such Data. In this regard, you acknowledge that you
may not rely on any Data created by DEATH-ANNOUNCEMENT.COM
or submitted to DEATH-ANNOUNCEMENT.COM, including in
all other parts of our Services.
You acknowledge, consent and agree that DEATH-ANNOUNCEMENT.COM
may access, preserve and disclose your membership information
and Data if required to do so by law or in a good faith
belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any
Data violates the rights of third parties; (d) respond
to your requests for customer service; or (e) protect
the rights, property or personal safety of DEATH-ANNOUNCEMENT.COM,
its users and the public.
You understand that the technical processing and transmission
of our Services, including your Data, may involve (a)
transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
You understand that our Services and software embodied
within our Services may include security components
that permit digital materials to be protected, and that
use of these materials is subject to usage rules set
by DEATH-ANNOUNCEMENT.COM and/or content providers who
provide content to our Services. You may not attempt
to override or circumvent any of the usage rules embedded
into our Services. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly
prohibited.
6. DATA SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON OUR SERVICES
DEATH-ANNOUNCEMENT.COM does not claim ownership of Data
you submit or make available for inclusion on our Services.
However, with respect to Data you submit or make available
for inclusion on publicly accessible areas of our Services,
you grant DEATH-ANNOUNCEMENT.COM the following worldwide,
royalty-free and non-exclusive license(s), as applicable:
• With respect to Data you submit or make available
for inclusion on publicly accessible areas of DEATH-ANNOUNCEMENT.COM
links, the permission to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display
such Data on our Services solely for the purposes of
providing and promoting the specific DEATH-ANNOUNCEMENT.COM
link to which such Data was submitted or made available.
This permission is only for as long as you elect to
continue to include such Data on our Services and will
terminate at the time you decide and request DEATH-ANNOUNCEMENT.COM
to remove such Data from our Services.
• With respect to photos, graphics, audio or video
you submit or make available for inclusion on publicly
accessible areas of our Services other than DEATH-ANNOUNCEMENT.COM
links, the permission to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display
such Data on our Services solely for the purpose for
which such Data was submitted or made available. This
permission exists only for as long as you elect to continue
to include such Data on our Services and will terminate
at the time you decide and request DEATH-ANNOUNCEMENT.COM
to remove such Data from our Services.
• With respect to Data other than photos, graphics,
audio or video you submit or make available for inclusion
on publicly accessible areas of our Services other than
DEATH-ANNOUNCEMENT.COM links, the perpetual, irrevocable
and fully permissive license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform
and publicly display such Data (in whole or in part)
and to incorporate such Data into other works in any
format or medium now known or later developed.
"Publicly accessible" areas of our Services
are those areas of the DEATH-ANNOUNCEMENT.COM intra-network
of properties that are intended by DEATH-ANNOUNCEMENT.COM
to be available to the general public. By way of example,
publicly accessible areas of our Services would not
include Personal Identification Data and Personal Financial
Data.
7. INDEMNITY
You agree to indemnify and hold DEATH-ANNOUNCEMENT.COM
and its subsidiaries, affiliates, 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 Data
you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion
of our Services (including your DEATH-ANNOUNCEMENT.COM
ASU-information), use of our Services, or access to
our Services.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DEATH-ANNOUNCEMENT.COM reserves
the right to keep on file all data submitted.
10. MODIFICATIONS TO OUR SERVICES
DEATH-ANNOUNCEMENT.COM reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, our Services (or any part thereof) with
or without notice. You agree that DEATH-ANNOUNCEMENT.COM
shall not be liable to you or to any third party for
any modification, suspension or discontinuance of our
Services.
11. TERMINATION OF SERVICE
You agree that DEATH-ANNOUNCEMENT.COM may, under certain
circumstances and without prior notice, immediately
terminate your DEATH-ANNOUNCEMENT.COM membership, any
associated email address, and access to our Services.
Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests
by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions),
(d) discontinuance or material modification to our Services
(or any part thereof), (e) unexpected technical or security
issues or problems, (f) engagement by you in fraudulent
or illegal activities, and/or (g) nonpayment of any
fees owed by you in connection with our Services, (h)
engagement by you to put others in jeopardy, (i) submit
wrong information.
Termination of your DEATH-ANNOUNCEMENT.COM ASU-membership
includes (a) removal of access to all offerings within
our Services, including but not limited to DEATH-ANNOUNCEMENT.COM,
Links, (b) deletion of your ASU-information and all
related information, files and content associated with
or inside your membership (or any part thereof), and
(c) barring of further use of our Services. Further,
you agree that all terminations for cause shall be made
in DEATH-ANNOUNCEMENT.COM sole discretion and that DEATH-ANNOUNCEMENT.COM
shall not be liable to you or any third party for any
termination of your membership, any associated email
address, or access to our Services.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through our
Services, including payment and delivery of related
goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree
that DEATH-ANNOUNCEMENT.COM shall not be responsible
or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result
of the presence of such advertisers on our Services.
13. LINKS/AFILLIATES
Our Services may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
DEATH-ANNOUNCEMENT.COM has no control over such sites
and resources, you acknowledge and agree that DEATH-ANNOUNCEMENT.COM
is not responsible for the availability of such external
sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising,
products or other materials on or available from such
sites or resources. You further acknowledge and agree
that DEATH-ANNOUNCEMENT.COM shall not be responsible
or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
14. DEATH-ANNOUNCEMENT.COM PROPRIETARY RIGHTS
You acknowledge and agree that our Services and any
necessary software used in connection with our Services
("Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements
or information presented to you through the Service
or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and
laws. Except as expressly authorized by DEATH-ANNOUNCEMENT.COM
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based
on our Services or the Software, in whole or in part.
DEATH-ANNOUNCEMENT.COM grants you a personal, non-transferable
and non-exclusive right and permission to use the object
code of its Software on a single computer; provided
that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse
engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to our Services. You agree not to access our
Services by any means other than through the interface
that is provided by DEATH-ANNOUNCEMENT.COM for use in
accessing our Services.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. DEATH-ANNOUNCEMENT.COM 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.
b. DEATH-ANNOUNCEMENT.COM AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR
REQUIREMENTS; (ii) OUR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE
ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF OUR SERVICES 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM DEATH-ANNOUNCEMENT.COM OR THROUGH
OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE ABOVE MENTIONED.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEATH-ANNOUNCEMENT.COM
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 DEATH-ANNOUNCEMENT.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
OUR SERVICES; (ii) 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 OUR SERVICES;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
OUR SERVICES.
17. 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 SECTIONS 15 AND 16
MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS
Our Services are provided for informational purposes
only, and no Data included in our Services is intended
for trading or investing purposes. DEATH-ANNOUNCEMENT.COM
and its licensors shall not be responsible or liable
for the accuracy, usefulness or availability of any
information transmitted or made available via our Services,
and shall not be responsible or liable for any trading
or investment decisions based on such information.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in this TOS, there shall be no third-party beneficiaries
to this agreement.
20. NOTICE
DEATH-ANNOUNCEMENT.COM may provide you with notices,
including those regarding changes to the TOS, by email,
regular mail or postings on the Service.
21. TRADEMARK INFORMATION
The DEATH-ANNOUNCEMENT.COM logo, DEATH-ANNOUNCEMENT.COM
(in Papiamento), and the DEATH-ANNOUNCEMENT.COM logo
are licensed deposited trademarks. Without DEATH-ANNOUNCEMENT.COM
prior permission, you agree not to display or use in
any manner the DEATH-ANNOUNCEMENT.COM Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DEATH-ANNOUNCEMENT.COM respects the intellectual
property of others, and we ask our users to do the same.
DEATH-ANNOUNCEMENT.COM may, in appropriate circumstances
and at its discretion, disable and/or terminate the
accounts of members who may be repeat infringers. If
you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please
provide DEATH-ANNOUNCEMENT.COM Copyright Agent the following
information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim
is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
6. a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
DEATH-ANNOUNCEMENT.COM Agent for Notice of claims of
copyright or other intellectual property infringement
can be reached as follows:
By mail:
copyright@DEATH-ANNOUNCEMENT.COM
By phone: (
By fax: (
By email: copyright@DEATH-ANNOUNCEMENT.COM
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement
between you and DEATH-ANNOUNCEMENT.COM and governs
your use of our Services, superseding any prior agreements
between you and DEATH-ANNOUNCEMENT.COM with respect
to our Services. You also may be subject to additional
terms and conditions that may apply when you use or
purchase certain other DEATH-ANNOUNCEMENT.COM services,
affiliate services, third-party content or third-party
software.
Choice of Law and Forum. The TOS and the relationship
between you and DEATH-ANNOUNCEMENT.COM shall be governed
by the laws of the Netherlands Antilles without regard
to its conflict of law provisions. You and DEATH-ANNOUNCEMENT.COM
agree to submit to the personal and exclusive jurisdiction
of the courts located within the country of the Netherlands
Antilles.
Waiver and Severability of Terms. The failure of DEATH-ANNOUNCEMENT.COM
to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the
TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your DEATH-ANNOUNCEMENT.COM SERVICE
is non-transferable and any rights to your DEATH-ANNOUNCEMENT.COM
ASU-Information Form or contents will be terminated
upon your death. Upon receipt of a copy of a death
certificate, all contents therein will be deleted.
Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or
be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to our Customer
Care group.
Support@DEATH-ANNOUNCEMENT.COM
Copyright © 2006 DEATH-ANNOUNCEMENT.COM
