Terms And Conditions
These Terms and Conditions (T&Cs) relate to all ‘Death Obituary’ (from here on Death Obituary) services: it is meant for both contributors to and users of our platform & publisher in the applicable country of operation, as well as show to third-parties how our platform & publisher functions.
By visiting our website service, you are accepting the T&Cs outlined. They additionally cover our newsletter and other touch points with our platform & publisher – unless they are covered directly by T&Cs of third-party-providers. When terms are mentioned about the website/platform/publisher in these T&Cs they relate to all services provided by the company.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Services.
- “Contributor”, “You”, and “Your” refers to you, the person contributing to the website and accepting the Company’s terms and conditions. This includes employees working directly for Death Obituary-related companies and owners of the brand.
- “User”, “You”, and “Your” refers to you, the person accessing this website and our other services and/or contributing to it and accepting the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We” and “Us” refers to our Company.
- “Party”, “Parties”, or “Us” refers to both the user and ourselves, or either the user or ourselves.
- Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Our Policies And Requirements For Contributors
- You must be at least  years of age to use this website. By using this website and by agreeing to these Terms and Conditions you warrant and represent that you are at least  years of age.
- By submitting your text, software, scripts, graphics, photos, sounds, music, video to our website for consideration for posting you hereby confirm the rights and responsibilities that you have with regard to the video and hereby grant Death Obituary the irrevocable right and license to duplicate, broadcast, exhibit, transmit and exploit the video, or to allow Death Obituary to grant sublicenses to third parties to duplicate, broadcast, exhibit, transmit and exploit the video, on the internet, mobile platforms or other media throughout the world.
- You represent that you either created the content yourself or have received the legal right and authority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant Death Obituary full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting a text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission and license from all copyright holders.
- Unless otherwise agreed to in writing, Death Obituary shall have no obligation to publish or post your text, software, scripts, graphics, photos, sounds, music, video. For all content published or posted upon the site, we reserve the right to remove it at our discretion for any reason whatsoever and we will give no refunds or compensation.
- You hereby agree that you will indemnify Death Obituary, its officers, employees and agents, from and against any and all claims, demands, actions, losses, liabilities, costs and expenses arising from any breach or alleged breach of any term, warranty or condition of this agreement, or from any claims of infringement or alleged infringement arising from your text, software, scripts, graphics, photos, sounds, music, video submission.
- As an interested party, you may submit Content. You understand that whether or not Content is published, Death Obituary does not guarantee any confidentiality with respect to Content.
- You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Death Obituary as a platform and publisher does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content. Death Obituary as a publisher has defined editorial values of Truth, Insightfulness and Entertainment it asks to be upheld, but it does not define or take responsibility for local Content. It rather functions as an independent platform. This is explicitly true for both third-party users as well as employees of companies associated or employed by Death Obituary-related or owned companies.
Our Policies And Requirements For Users
Death Obituary hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
a) you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Death Obituary prior written authorisation, unless Death Obituary makes available the means for such distribution through functionality offered by the Service;
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain Death Obituary prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Death Obituary servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Death-Obituary.com account names);
f) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
g) you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Death Obituary or the respective licensors of the Content.
Governing Laws & Regulations
These Terms and Conditions shall be governed by and interpreted in accordance with all applicable federal and state laws, rules and regulations of the applicable country of operation. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Death Obituary accepts no responsibility whatsoever for the content of any site connected to this website whether by hyper-link or otherwise. Any links provided from its website are on an ‘as is’ basis and with no warranty whatsoever whether express or implied as to their functionality, use, or in respect of the information provided on or linked to their related sites.
Death Obituary takes all reasonable steps to demand of its Contributors to ensure that the information displayed on its website is accurate and up to date but we accept no liability whatsoever for any loss occasioned to any person firm or company (whether direct, indirect or consequential) nor for any damages (whether general, special or aggrivated, punitive including triple damages), costs, claims or expenses arising from any action, error or omission on Death Obituary’s part or that of its employees or agents or any other third parties in connection with the information displayed on its website.
Death Obituary and/or any of its affiliates disclaim all liabilities, obligations, warranties or responsibility in any event whatsoever and make no representation, either express or implied, statutory or otherwise, including warranties or representations with respect to the accuracy, reliability, completeness, fitness for particular purpose, merchantability, non-infringement of third parties rights and/or safety of the contents of this Web Site, and any representations and warranties relating thereto are expressly disclaimed. Death Obituary and/or any of its affiliates shall not be liable for any loss or damage arising out of your use or access, or inability to use or access, the Web Site. Death Obituary does not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You assume the entire risk and cost of all necessary servicing, repair and correction.
We may periodically amend, add, delete, update or alter the services including, without limitation, these terms and conditions. We may suspend or discontinue the services provided through this Web Site at any time without any prior notice.
You agree that neither we nor any of our officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents or third party service providers nor our vendors, suppliers, or licensors is responsible for any damages resulting from:
- anything done or not done by us and/or someone else;
- providing or failing to provide services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted services, etc.);
- traffic or other accidents, or any health-related claims relating to our services;
- data content or information lost or accessed while using our services;
- interrupted, failed, or inaccurate location information services;
- information or communication that is blocked by a spam filter or other security or safeguard device;
- damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or boost storage space from your use of the services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or
- things beyond our control, including acts of god (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
- You should implement appropriate safeguards to secure your device, computer, or equipment and to backup your information stored on each.
To the extent allowed by law, our liability for monetary damages for any claims that you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive, multiple, or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.
Amendment, Assignment & Waiver
Amendment and Notification of Changes
The Company reserves the right to change, amend, modify, or revise these conditions from time to time as it seems fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Any use of the Services following such notice will constitute your agreement to such change(s).
Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these Terms and Conditions as to all such prior versions of the applications, services, and/or related material and limit access to only the most recent revisions and updates.
These terms and conditions form part of the Agreement between the User and the Company. Your accessing of this website and/or undertaking of a contract or booking indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
You may not transfer, assign, or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, transfer, or sub-contract our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent, and with no further liability.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof, and shall not cause a diminution of the obligations under this or any Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.