Last Updated: December 11, 2012
If you do not agree to these TOU, please do not register for or enter the Web site. The Company may also modify the TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Web site after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting Tributes.com immediately.
Visitors to Tributes.com may choose to register their identifying information and become "Registered Users." Others may become Registered Users via a separate agreement with Tributes. 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. 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 Tributes.com. You agree to immediately notify Tributes of any unauthorized use of your password or account or any other breach of security of which you become aware.
Tributes and Forest Lawn Memorial-Park Association and Forest Lawn Mortuary (collectively "Forest Lawn") cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By registering at Tributes.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 Tributes 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 Who Are Age 18 and Younger
Tributes.com is not directed at children under 13 years of age. Any registration with, use of, or access to the Tributes.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 Tributes.com contains user-generated content, please be aware the Tributes.com users may have created areas on the Web site that contain adult or mature content.
Reliance on Information
Tributes.com presents resources for the purpose of informing, sharing, and creating a community among Tributes Visitors and Registered Users; Tributes' intent is not to provide exhaustive information or advice on a particular topic. The information contained here should not replace a consultation with a qualified expert in the appropriate field, such as an attorney, accountant, financial or investment advisor, mental health professional, health care provider, or therapist.
Other Parties and Web Sites
Tributes is the owner of the Web site as a whole, and of any individual content on the Web site that is provided by Tributes staff members, or contributors who provide work under contract with Tributes. All Tributes content is protected under the copyright and intellectual property laws of the United States and other countries. The Web site also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of Tributes.com content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Tributes.com. You may not incorporate the information, content, or other material on Tributes.com in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Web site, except as specifically noted above.
Except as specifically authorized by Tributes, Inc., you may not deep-link to this Web site for any purpose or access this Web site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Web site or any information, content, or material on this Web site. Tributes reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Web site or any content contained therein, whether in whole or in part.
Content and Comments Posted by Tributes Users
Tributes.com is an online destination where friends and family can come together to honor the memories of their loved ones with lasting personal tributes. The interactive nature of postings on Tributes.com makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The obituary-related content, 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 Tributes.com Visitors and Registered Users (all of which are referred to as "User Content") are not endorsed by Tributes or Forest Lawn, 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.
Neither Tributes nor Forest Lawn 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 are authorized to publish it. After posting User Content, you continue to retain any ownership rights you have in such User Content, and you continue to have the right to use your User Content in any way you choose. By uploading User Content to the Web site, you grant to Tributes a worldwide, transferable, sublicensable, royalty-free, and non-exclusive license to publicly display, use, reproduce, modify, publish, archive, store, transmit, and distribute the User Content on the Tributes.com Web site in the form in which you uploaded the User Content for the sole purpose for which you uploaded it. This license will continue until such time as the relationship between Forest Lawn and Tributes is terminated, or until you remove your User Content from the Web site. Archive copies of content uploaded to the Web site, including your User Content, may be retained even after the expiration of the license, but will be used only for recovery or administrative purposes. Registered Users may request that Tributes take down obituaries or obituary notices (the "Obituary Content") by contacting Tributes@legacy.com.
If you choose to post User Content on Tributes.com pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Tributes.com reflects your respect for the legal rights of users connected with Tributes. In particular, you agree to the "Rules of Conduct" posted below (though this is not meant as an exhaustive list).
You acknowledge that Tributes may or may not pre-screen User Content, but that Tributes 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 Tributes.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, memory books, blogs, discussion groups, private messages, e-mails, profiles, comments, or any other portion or feature of Tributes.com.
You may not, in connection with the Web site:
Upload, post, email or otherwise transmit any User Content that:
You may not, except with Tributes' express advance authorization or in a specially designated area, use the Web site to:
In addition, you may not interfere in any way with the Web site's networks or network security, or attempt to use the Web site to gain unauthorized access to any other computer system.
Tributes Products and Services
Registered Users may create and maintain their own Tributes products and services within the Web site. Such products and services may consist of user-generated content, Internet-based memory books and other functionalities that enable users who visit the products and services (e.g. obituary or tribute) to communicate with each other.
In the Registered User's sole discretion, he or she may:
Tributes may offer product or services that are "permanent," for a "lifetime," or "eternal" (the "Lifetime Products"), and others that indicate that they will survive for a fixed duration (e.g. one year) (the "Fixed Duration Products"). Subject to its suspension, cancellation, and termination rights and rights to remove user content and other material, Tributes represents that Lifetime Products will remain on the Web site for so long as Tributes owns and maintains the Web Site. Fixed Duration Products will remain on the Web site for the duration specified (e.g. one year), 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 Tributes 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.
Fees and Payments
You acknowledge that Tributes.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 Tribute.com product and/or service. If Tributes.com modifies, removes, discontinues or terminates your service, product or user registration you shall not be entitled to a refund. All sales are final. There are no refunds.
Billing for products and services will generally be on a monthly or 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 Tribute product and/or service, e-mail Customer Support at Tributes@legacy.com with your request. In the event that you request that the Recurring Billing Charges in connection with a purchased Tributes product and/or service be discontinued, the applicable Tributes product or service will be removed from the Web site at the expiration of the then-current term.
Tributes respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Tributes and the Web site, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. Tributes reserves the right, in its discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the "DMCA"), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
Tributes' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: Tributes@legacy.com
Attention Copyright Agent
745 Atlantic Ave, 3rd Floor
Boston, MA 02111
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
You are solely responsible for your interactions with other Registered Users or Visitors to the Web site. Tributes 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, Tributes 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.
You agree to indemnify and hold harmless Tributes, Forest Lawn, and their respective subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, which indemnification shall include the payment of their reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit, or otherwise make available through the Web site, your use of the Web site or other Tributes services, your connection to the Web site, your violation of the TOU, or your violation of any rights of another.
General Practices Regarding Use and Storage
Tributes may establish general practices and limits concerning use of the Web site, including, for example, limits on the number of:
You agree that neither Tributes nor Forest Lawn has any responsibility or liability for the deletion or failure to store any messages or other communications or other User Content, provided by you or otherwise maintained or transmitted by Tributes and its affiliated websites.
Modifications to the Web Site
Tributes 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. Tributes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site. In the event that Tributes decides to discontinue offering the Web site in full, the information about you and the User Content you uploaded will be transferred by Tributes to Forest Lawn, and Forest Lawn will, in its sole discretion, either obtain a new service to replace the service provided by Tributes, return the information and User Content to you, or have that content permanently destroyed.
Tributes may, under certain circumstances and without prior notice, immediately terminate your Tributes account and access to the Web site and any other Tributes services. Cause for such termination shall include, but not be limited to:
Termination of your Tributes account includes:
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIBUTES, FOREST LAWN, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TRIBUTES, FOREST LAWN, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIBUTES, FOREST LAWN, OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIBUTES, FOREST LAWN, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIBUTES OR FOREST LAWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Tributes may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Web site.
Please report any violations of the TOU, including objectionable User Content or behavior, to http://tributes.com/global/contact. 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, Tributes in its sole discretion may investigate the matter and take such action as Tributes determines to be appropriate.