Last Modified: July 31, 2020
This Website is offered and available to users who are 18 years of age or older, and to younger users aged 13 or older, if using the Website with the permission and supervision of a parent or guardian. By using this Website, you represent and warrant that you are 18 years of age or older or that your parent or guardian accepts responsibility for your use.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
The Company name, the terms “Joinobit.com”, the marks for “obit” shown immediately above, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
User Contributions of Content
You grant us and our affiliates and related entities, successors and assigns:
With respect to obituary notices or reports of an individual’s death, we reserve the right--but do not undertake an obligation—to undertake activities to verify the identification of the individual and the fact and timing of the individual’s death, or other claims or statements within the notices or reports. These activities may include, without limitation, contacting a funeral home associated with the notice, checking on-line resources including social media, or requesting further information or verification from the posting-user. During any times during which we have not yet sought verification, or have not obtained reasonable verification, we reserve the right to indicate that the corresponding User Contribution or information reported within it have not been verified by Joinobit.com. We further reserve the right at any time to modify or delete information or content, including photographs, that we have determined in our sole discretion to be disrespectful, false, profane, unauthorized, confidential, or otherwise unsuitable for inclusion within a site compiling obituary notices and other funeral or personal information.
You grant all rights described above in consideration of your use of the Website without the need for additional compensation of any sort to you.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We disclaim any responsibility for User Contributions and disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Accessibility of “Private” Obituaries
To the extent the Website offers an option to allow a user to post a User Contribution as an obituary that is “private” or not readily available for general public access, the Website does not assure or undertake an obligation to assure that the User Contribution or other information posted by others will not be accessible by particular persons or the general public. The Website’s options for private obituaries operate by providing a Uniform Resource Locator (URL) web address to one or more of the contributing users, rather than including the URL within a openly searchable platform. This URL may in turn be shared with other users and persons accessing the Website, or even shared publicly, so that access to private obituaries may become more broadly accessible than the original poster of the User Contribution intended. In addition, all User Contributions posted to the Website are considered non-confidential, and not proprietary content of the User.
Contributions of Video Content, Including Live Streaming
The Website may offer to Funeral Home Partners (defined below) or particular users an ability for a funeral home or user to live stream a video, or to post videos to the Website, usually in association with a particular funeral home or the memory of a decedent. The “Content Standards” described below apply to any such videos, including live-streamed videos, such that a Funeral Home Partner or other user, by live-streaming, undertakes to control the audio and visual components as material is streamed to avoid or interrupt streaming of content that violates the Content Standards.
By live-streaming or submitting a video, the Funeral Home Partner grants the Company permission to stream the video to end users, embed the video on third party websites, distribute the video through application program interfaces of or accessible to the Website, make the video available for download, create compressed versions of the video, generate stills from the video content, and to remove or block portions of the video. This permission commences at the time of live streaming or uploading of a video, and ends at such time as the Company deletes it, provided that the Company can retain archival copies and has no responsibility for subsequent uses of videos by third parties who receive downloads of the video. The foregoing permissions are in addition to, and not in limitation of, all rights and permissions granted hereunder as to User Contributions of Content generally.
Funeral Home Partners
Contributions, Donations and Purchases through the Website; Advertising
When requested and arranged by individuals or a funeral home, the Website allows you to make contributions to or for the benefit of individuals who are members or represent themselves to be members of the family or other close relations to a decedent, to make contributions to help a family or friends cover the cost of a funeral, to make charitable donations in honor or memory of a decedent, or to purchase items for delivery to family or friends of a decedent. The Company reserves the right to suspend or terminate the taking of donations on the Website for a particular decedent for any reason, or without reason.
No Refunds or Cancellations of Payment through this Website. In all cases, payments you make on the Website are directed to and route automatically to third party individuals, companies or charities other than Obit, LLC and this Website. Obit LLC and this Website typically do not receive any such payments when you make them on this Website, and therefore Obit LLC and this Website are generally unable to cancel or refund any such payments that are made by mistake, or due to misrepresentation, or for reasons of deficiencies in a product or service, or similar reasons or no reason; or any payments you wish to reconsider. Accordingly, insofar as you may seek to cancel a payment or receive a refund, Obit LLC and this Website do not facilitate payment cancellations and are not responsible for refunds. Users may wish to instead seek any refund from a particular recipient of the funds, but Obit LLC and this Website are not obligated to assist any user with that process and do not assure success of any such refund effort.
Credit or Debit Card Payments: The Company partners with Stripe, https://stripe.com,
a technology company that provides economic infrastructure for the Internet, to receive and process credit and debit card payments from you and other users in a manner which complies with the Payment CAR Industry Data Security Standards. Stripe charges users a nominal processing fee (approximately 3%) at the time of each transaction. The Company does not receive or save any credit card information from users.
Purchases and Deliveries: The Website may also offer visitors to the Website opportunities to make purchases and deliveries of items such as but not limited to flowers, food, religious items and other items, and these offers may appear associated by location with a particular obituary or Funeral Home Partner. Any such offers are posted independently by the Website and are not intended to reflect a request from a user, or family or friends who are bereaved, to receive such items. The Website reserves the right to provide Funeral Home Partners with a share of revenues the Company may earn from purchases made generally through the Website, or from particular purchases.
Please be cautious: As an individual visiting the Website with respect to a particular deceased person, the Website anticipates that you will have certain knowledge respecting the persons or funeral businesses to which you may direct contributions, or any charities receiving memorial donations from you, so that you may take steps to verify identities and connections of the persons, companies or charities to which you may direct a payment. The Company assumes no liability for individuals, companies or charities who may misrepresent their identity or connection with a decedent, individual, charity or company.
Monitoring and Enforcement; Termination
We also reserve the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Company sells and thus receives monetary and other forms compensation from affiliates, advertisers, sponsors and other third parties that appear on the Website (collectively, referred to in this paragraph as “Affiliates”) for various advertising, sponsorships, and campaigns that we feature on the Website. If you ultimately decide to purchase a product or service mentioned on the Website, the Company may receive additional compensation from that purchase from the Affiliate.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE MAKE NO CLAIMS OR ASSURANCES THAT THE SERVICES ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org