TERMS OF LISTING
These Terms of Listing ("Terms of Listing") govern the listing ("Listing") of an obituary ("Obituary") on obitlistings.com™ (the "Site"), and constitute a binding agreement between you and Shabby Development, LLC, d/b/a obitlistings.com ("Obitlistings.com"). These Terms of Listing supplement the general Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy") applicable to the Site. Listing of an Obituary on the Site is conditioned upon your acceptance of these Terms of Listing, the Terms of Use and the Privacy Policy.
Obitlistings.com reserves the right to modify these Terms of Listing at any time without prior notice. You agree that each Listing of an Obituary on the Site will be subject to the then-current Terms of Listing. Obitlistings.com, Inc. further reserves the right, in its sole discretion, to modify, suspend, or discontinue the Site, and/or any services offered on or through the Site, at any time, with or without notice.
1. Listing of Obituaries
Obitlistings.com provides you with the ability to List Obituaries on the Site. The Obituaries may then be viewed by visitors to the Site. Obitlistings.com also provides you and visitors to the Site with the ability to post guestbook entries ("Guestbook Entries") associated with Obituaries Listed on the Site, to e-mail Obituaries listed on the Site to third parties who may be interested in reading the Obituaries, and the ability to receive e-mail notifications with respect to Obituaries Listed on the Site (e.g., e-mail notifications with respect to Obituaries Listed on the Site pertaining to people who lived in a given town).
Obitlistings.com may establish general rules concerning the Listing of Obituaries on the Site including, without limitation, the maximum number of words that may appear in a Listing or Guestbook Entry, the maximum number of Guestbook Entries that may be posted pertaining to a given Listing, and the maximum disk space allocated on Obitlistings.com's computer servers pertaining to a given Listing.
2. Payment for Listings
The cost of Listing an Obituary on the Site is $36.95. Payment is made using PayPal in the payment section of the Site.
Subject to its rights to terminate a Listing, and its right to modify or delete any Material (as defined in the Terms of Use) or other content appearing in a Listing or otherwise on the Site, Obitlistins.com represents that each Listing will remain on the Site for at least 90 days, unless due to events beyond the reasonable control of Obitlistins.com.
3. Registration
To List an Obituary on the Site, you need to register with Obitlistings.com. During registration, you must provide certain personal information to Obitlistings.com, including a valid e-mail address. In connection with your registration, you agree to provide true, complete and correct information about yourself as requested by the registration prompts. If you provide any information that is untrue, incomplete or incorrect, or Obitlistings.com has reasonable grounds to believe that any information is untrue, incomplete or incorrect, Obitlistings.com may remove any Obituary you have Listed on the Site.
4. Removal; Expiration
Obitlistings.com may, at any time, with or without prior notice to you, remove any Obituary you have Listed on the Site, or any Guestbook Entry relating thereto, or suspend or terminate your access to the Site, or your use of any services provided on or through the Site, if Obitlistings.com believes, in its sole discretion, that you have violated these Terms of Listing or the Terms of Use.
Upon removal or expiration of any Obituary Listed on the Site, or any Material relating thereto, Obitlistings.com may temporarily or permanently deactivate, delete, and discard such Listing and Material. Obitlistings.com shall not be responsible for any deleted Listing or Material.
5. Representations and Warranties; Indemnity
You herby represent and warrant to Obitlistings.com, with respect to any Obituary that you List on the Site, (i) that you are over the age of 18; (ii) that you are a member of the immediate family of the deceased person that is the subject of the Obituary (that is, you are the spouse or a child (over the age of 18), parent or sibling of the decedent) or that you are the executor, administrator or other legal representative of the decedent; (iii) that all information appearing in the Obituary if true, complete and correct; and (iv) that you have the legal right to List the Obituary (and the contents thereof) on the Site.
You agree to indemnify and hold Obitlistings.com, and its officers, directors, employees, agents and affiliates, harmless from and against any loss, claim, demand, damage or expense, including reasonable attorneys' fees, suffered of incurred by Obitlistings.com resulting from or arising out of any breach by you of the foregoing representations and warranties, or your violation of the these Terms of Listing or the Terms of Use.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE CONTENT, MATERIAL AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. OBITLISTINGS.COM DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL OBITLISTINGS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LOSS OR DAMAGES WHATSOEVER, ARISING OUT OF, RESULTING FROM, OR RELATING TO THE USE, INABILITY TO USE, OR CONTENT, MATERIAL OR SERVICES PROVIDED ON, THE SITE. OBITLISTINGS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT RESULTING FROM ANY USE OF, OR DOWNLOADING OF ANY CONTENT OR MATERIAL FROM, THE SITE. IN NO EVENT SHALL OBITLISTINGS.COM’S TOTAL LIABILITY TO YOU FOR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, YOU PAID TO OBITLISTINGS.COM IN CONNECTION WITH YOUR USE OF THE SITE DURING THE 12 MONTH PERIOD PRECEDING THE CLAIM, OR (II) $100.
7. Force Majeure
No party shall be deemed to be in breach or default of any provision of these Terms of Listing if such breach or default is the result of events beyond the reasonable control of such party including, but not be limited to, acts of God, acts of war, civil disturbances, terrorist strikes, fires, floods, hurricanes, tornados or other natural disasters, or interruption of electric, telecommunication or Internet services.
8. Choice of Law; Choice of Courts
These Terms of Listing shall be governed by the laws of the State of New York, United States of America, without reference to the choice of law provisions thereof. Use of the Site (including the Listing of any Obituary on the Site) is not authorized in any jurisdiction that does not give effect to all of the provisions of these Terms of Listing. You agree that all legal proceedings relating to these Terms of Listing or your use of the Site must be filed in a federal or state court located in Westchester County, New York. You expressly agree and submit to the exclusive jurisdiction and venue of said courts and waive any claim that any such court is an inconvenient forum.
9. General
These Terms of Listing (together with the Terms of Use and Privacy Policy), constitute the entire agreement between you and Obitlistings.com with respect to the Listing of Obituaries on the Site. If any provision of these Terms of Listing is found to be unenforceable, then that provision shall be deemed to be superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Listing shall continue unaffected. The failure of Obitlistings.com to enforce any provision or exercise any remedy set forth in these Terms of Listing shall not constitute a waiver of such provision or remedy. The section headings in these Terms of Listing are for convenience of reference only and shall not have any legal effect.
10. Contact Obitlistings.com
If you have questions regarding these Terms of Listing, please contact Obitlistings.com by e-mail at info@obitlistings.com.