Children must get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. If you're under 18, please do not provide us with any personally identifying information about yourself (such as your name, your email address or your phone number). We won't knowingly allow anyone under 18 to register with our site or to provide any other personally identifying information.
INFORMATION COLLECTION AND USE
The information gathered by us includes: (1) information that you voluntarily supply when you register or initiate transactions, and (2) information gathered on usage patterns and preferences as visitors navigate through our sites, use our services such as free email, or read our email newsletters. In some cases, our agents or affiliates may collect information on our behalf. Users need to register and to provide certain information as part of the registration process to make use of certain features on our site email newsletters or posting a classified ad. We may also ask for information from those who buy products or services or conduct other transactions on our site. We may ask, for example, for your name, email address, sex, age, zip code or credit card number, and we might request information on your interests and hobbies. The information you provide will help us to offer you more personalized features and to process your purchases and other transactions. Cookies. To help make our sites more responsive to the needs of our visitors and users, we may at times use a standard feature of browser software, a "cookie," to assign each visitor and user a unique, random number, if you will, that resides on your computer. The only personal information our cookies contain is information you supply. Our cookies do not read unrelated data off your hard drive. Our advertisers and the third parties that provide products or services through our site may also assign their own cookies to your browser. We do not control, nor are we responsible for the actions or cookies of such advertisers or third parties.
Our web pages may also contain electronic images (called "single-pixel GIFs" or "web beacons") that allow us and our vendors to count users who have visited particular pages or to access certain cookies. We may use these tools and other technologies to recognize which pages users visit, and which links they click on. These features may also be included in our email newsletters so that we can learn which messages have been opened and acted upon. We may also be able to verify your online purchases from us or from third party sites that have agreed to share such information with us.
IP Addresses. Our web servers automatically collect limited information about your computer configuration when you visit our site, including the type of browser software you use, the operating system you're running, the resolution of your computer monitor, the website that referred you, and your IP address. Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data such as the web pages you want to view can be transmitted to you. We also use IP address information for systems administration and trouble shooting purposes. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, and to analyze the characteristics of visitors to our website.
DISCLOSURE OF INFORMATION
Advertisers. Without your permission, we will not share the personally-identifiable information you provide when registering on our site with advertisers. We will, however, take the information you provide and aggregate it with data from all the other people that use this site and associated services. Then we will use that pool of information to inform our advertisers about our audience without identifying you personally.
Other Service Providers. To make our sites more valuable to our visitors, we may offer some features in conjunction with other providers. Email newsletters and email services for example, may be made available through cooperative arrangements with providers that specialize in operating such services. In some instances, the providers will have access to your information. Their use of the information will be subject to the terms of their respective privacy policies, which you can find on their websites.
Statistical Information. Much of the information we collect is in the form of aggregated statistics, such as the number of guests that visit various pages within our sites, and the habits and preferences of our audience. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties in our sole discretion.
USER POSTED CONTENT
When you list a memorial, tribute or condolence message on our site, we will ask you to provide us with certain information, including your contact details like your name, address, telephone and email, and your billing information including, your credit card number and the date that your card expires. We may also ask you to provide additional information such as unique identifiers (such as your date of birth), and registration information (login name and password). You will be able to review, update, or delete certain information you have provided us at any time by accessing your account on our site. We will use the information you provide us to process your transaction and to contact you regarding your purchase if necessary. We will share this information with our service provider to the extent necessary to facilitate your purchase for purposes such as customer service, verification, fulfillment, and billing purposes. We will not sell or rent your personal billing information to any third party. If you provide your consent, we will make your information available to third parties and may contact you directly regarding special offers, promotions, products or services that may be of interest to you.
If you register with us, you will have the opportunity to review, update, or delete the information you have provided us at any time. If you remove your registration information completely, you may not be able to continue using certain services that require registration. You agree that we may use your information to contact you for customer service, to inform you of important changes or additions to our site or the services offered over our site and to send you administrative notices or any communications relevant to your use of our site.
STORAGE OF INFORMATION
All information gathered on our site is stored within a database operated by us or by a contractor on our behalf. Sensitive information may be, in our sole discretion, encrypted for storage. For e-commerce transactions, in certain instances we may transmit your billing information using encryption. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet.
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. WE, OUR AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IN NO EVENT SHALL OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS, AND EACH OF OUR PARENT AND AFFILIATED COMPANIES, AND EACH OF OUR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF OBITSERVICES.COM; (2) OUR USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
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