SITE USE LICENSE
We grant you a non-exclusive, non-transferable limited license to use MyGoodbye.com in accordance with the terms and conditions in this Agreement. We reserve the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any user.
Visitors to MyGoodbye.com may register their identifying information and become "Registered Users." 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. These credentials remain the property of MyGoodbye.com and are provided as a service to users in good standing. 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 MyGoodbye.com. You agree to immediately notify MyGoodbye.com of any unauthorized use of your password or account or any other breach of security.
MyGoodbye.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By registering at MyGoodbye.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 MyGoodbye.com 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 UNDER THE AGE OF 18
MyGoodbye.com is not directed at children under 13 years of age. Any registration with, use of, or access to the MyGoodbye.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 MyGoodbye.com contains user-generated content, please be aware that users may have created areas on the Web site that contain adult or mature content.
The wishes that you express on the site do not create binding obligations on anyone, including MyGoodbye.com or any other third parties identified by you in your content. This site is not intended to replace the necessity of having a will or other estate plan and healthcare documents that reflect your intentions and are binding under the laws or your state. This site does not provide legal advice and we recommend that you seek legal counsel regarding your estate planning matters.
Certain content and services available on MyGoodbye.com are the property of us or our advertisers and licensors, and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by us.
Any content that you submit to MyGoodbye.com, including text, communications, video, software, images, sounds, data, or other information, remains your property and responsibility. Upon submission of content to the site, you grant us the rights to post the content on the site and grant access to the submitted content in accordance with the instructions on this site.
Except as may be explicitly permitted through MyGoodbye.com, you will not save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, de-compile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that we shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You also agree that you shall not harvest or collect information about the users of MyGoodbye.com or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
CONTENT AND COMMENTS POSTED BY MYGOODBYE.COM USERS
MyGoodbye.com is an Internet destination where people may exchange diverse viewpoints, stories and ideas. The interactive nature of postings on MyGoodbye.com makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The 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 MyGoodbye.com Visitors and Registered Users (all of which are referred to as "User Content") are not endorsed by us, 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.
MyGoodbye.com 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. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to MyGoodbye.com, or posting it on the Web site, you expressly grant MyGoodbye.com a worldwide, royalty-free, and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from, and distribute the User Content in any form, in connection with the Web site or other affiliated or related MyGoodbye.com ventures. This license is sublicensable (so that MyGoodbye.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Web site and any other MyGoodbye.com 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 MyGoodbye.com 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 MyGoodbye.com for User Content included in obituaries or obituary notices (the “Obituary Content”) shall be irrevocable. Registered Users may request that MyGoodbye.com take down Obituary Content by emailing Contact@MyGoodbye.com , but MyGoodbye.com shall not be obligated to do so.
If you choose to post User Content on MyGoodbye.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of MyGoodbye.com reflects your respect for the legal rights of users connected with MyGoodbye.com. In particular, you agree to the "Rules of Conduct" posted below (though this is not meant as an exhaustive list). You acknowledge that MyGoodbye.com may or may not pre-screen User Content, but that MyGoodbye.com 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 MyGoodbye.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, memorials, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion or feature of MyGoodbye.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 as inside information, or 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 MyGoodbye.com as a forwarding service to another 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 MyGoodbye.com's TOU.
You may not, except with MyGoodbye.com 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 MyGoodbye.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).
Digital Millennium Copyright Act
1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MyGoodbye.com’s designated Copyright Agent to receive notifications of claimed infringement is Shirley Walker, email: firstname.lastname@example.org, fax: 888-470-1521. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MyGoodbye.com customer service at email@example.com . You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
MYGOODBYE.COM PRODUCTS AND SERVICES
Registered Users may create and maintain their own MyGoodbye.com products and services within the Web site. Such products and services may consist of user-generated content, Internet-based pre-planning storage, memorials and other functionalities that enable users who visit the products and services (e.g. Tribute Wall) to communicate with each other.
MyGoodbye.com may offer product or services that are subscription based, requiring an annual fee to be maintained. Subject to its suspension, cancellation, and termination rights and rights to remove user content and other material, MyGoodbye.com represents that Services and Products will remain on the Web site for so long as MyGoodbye.com owns and maintains the Web Site and users are current with their paid subscriptions
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 MyGoodbye.com 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.
MyGoodbye.com 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. MyGoodbye.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site.
MyGoodbye.com may, under certain circumstances and without prior notice, immediately terminate your MyGoodbye.com account and access to the Web site and any other MyGoodbye.com 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 MyGoodbye.com products or services.
Termination of your MyGoodbye.com 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 MyGoodbye.com’s sole discretion and that we 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYGOODBYE.COM OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
If we issue you a username and password, you agree to use your best efforts to prevent access to this site through your username and password by anyone other than yourself. If you provide access to other people, as MyGoodbye.com Executors or otherwise, we are not responsible for allowing access to those individuals if you later withdraw your permission. Should you desire to withdraw permission, please notify us at Contact@MyGoodbye.com and we will change your executor access. While we use administrative, procedural and technical safeguards to secure the site and any content that you submit to the site, we cannot guarantee that the site is completely secure.
FEES AND PAYMENTS
You acknowledge that MyGoodbye.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 MyGoodbye.com product and/or service. If MyGoodbye.com modifies, removes, discontinues or terminates your service, product or user registration you shall not be entitled to a refund. All sales are final. The only refund given is a full refund for an account set-up within 24 hours of purchase.
Billing for products and services will generally be on an 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 MyGoodbye.com product and/or service, e-mail Customer Support at Contact@MyGoodbye.com with your request. In the event that you request that the Recurring Billing Charges in connection with a purchased MyGoodbye.com product and/or service be discontinued, the applicable MyGoodbye.com product or service will be removed from the Web site at the expiration of the then-current term.
Disclaimer of Warranties
WE AND OUR ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE 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 MYGOODBYE.COM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless MyGoodbye.com, its advertisers, licensors, subsidiaries and other affiliated companies, and our and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate in asserting any available defenses.
ERRORS AND DELAYS
We are not responsible for any errors or delays in responding, forwarding or providing information caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
You are solely responsible for your interactions with other Registered Users or Visitors to the Web site. MyGoodbye.com 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, MyGoodbye.com 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.
Any claim or controversy arising out of or relating to the goods or services provided by us, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy, must be brought in the state or federal courts located in San Antonio, Texas.
This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of these Agreement are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please report any violations of the TOU, including objectionable User Content or behavior, to Contact@MyGoodbye.com . 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, MyGoodbye.com in its sole discretion may investigate the matter and take such action as MyGoodbye.com determines to be appropriate.