Terms of Service & Privacy Policy

 

Terms of Service

User’s Acknowledgment and Acceptance of Terms

FOAPP, LLC (referred to as “us” or “we”) provides the www.theobituaryapp.com site, The Obituary App mobile application and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of January 1, 2019. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertising agencies, credit companies, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

  1. Description of Services

We at FOAPP, LLC strive to bring people the most comprehensive package of funeral and obituary information along with specialized requests and quotes for any of end of time planning. We make various services available on this site including, but not limited to, providing a social media platform, mobile application, and video games. Our platform allows users to do many things, including being able to search obituaries from across the nation, request a quote, make suggestions for your own end of life planning, and seek out local service providers. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

  1. Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  1. Payment of Fees

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within Thirty (30) days of the change. For further information on the fees for the services available on our site, please see our Membership and Fees Page located elsewhere on this site.

We also use third party payment technology as a payment method. You understand and agree that such payment methods and services available on this site are provided “AS IS” and that we assume no responsibility for breaches in security, deletion of stored information, or disruptions in network transmissions.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

You may cancel your account at any time by e-mailing admin@theobituaryapp.com. You understand and agree that cancelling your account may not result in the deletion of all previously gathered personal information. For more information on how information will be stored and used, please see our Privacy Policy located elsewhere on this site.

  1. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data and/or activities, or other information — that:

  • Is unlawful, threatening, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Advocates or encourages any illegal activity or has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Extracts data from our site without our express permission (also known as “data scraping” or “web scraping”);
  • Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Is false or inaccurate or becomes false or inaccurate at any time or impersonates any person or entity, including any of our employees or representatives.
  • We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
  • In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
  • You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  1. Social Media Connections and Features

Some features of our site, including, but not limited to, our mobile application, may allow you to access and connect with social network(s). By selecting “yes”, you are agreeing to the terms of use and privacy policy of the third party social network site.

You have the option to disable social network connections and features at any time by logging into your profile and clicking on your account settings. Further, you can edit privacy settings for the reviews that appear on social networks or disconnect this service by visiting the applicable social network settings page. For more information on how we use this information, see the Privacy Policy governing our site and mobile application(s).

Your interactions with these features are governed by the privacy policy of the company providing them.

  1. Mobile Device and Services

By accessing and using our site on your mobile device and/or using our mobile application(s), you acknowledge and agree that you may receive certain communications from the Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means). You understand and agree that by accessing and using our site or our mobile application(s), you may incur fees from the provider or carrier of the mobile services that you use, and you are solely responsible for the payment of such fees, including for text messages and data.

When using our mobile application(s), you authorize us to pull information from your calendar on your mobile device and push information you enter into our mobile application(s) back to your calendar. For more information on how we use your information, see the Privacy Policy governing our site and mobile application(s).

Some of our services may allow you to enable certain Global Positioning System (“GPS”) features on your mobile device by providing your location in order to access local service providers. Your turning on of this feature will allow us to provide you with events, activities and local service providers based on your current time and location. By using this feature, you authorize us to access GPS tracking services, wi-fi, and/or cellular triangulation to discover your location. You may turn off this feature directly through your user account and/or according to the location settings on your mobile device. For more information on how we use your location information, see the Privacy Policy governing our site and mobile application(s).

You understand and agree that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply, regardless of whether or not we charge a fee for our services.

  1. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. Intellectual Property Information

Copyright © 2015 FOAPP, LLC All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information and/or activities, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of FOAPP, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You understand and agree that we grant you a limited, non-exclusive, non-transferable and revocable license to use services and activities, including the right to share any service or activity that may be posted and take any content available on our site as is and re-post it.

Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks, or service marks of FOAPP, LLC or its Affiliates. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of FOAPP, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of FOAPP, LLC or its Affiliates.

  1. User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us, our designated licensees and our users a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. FOAPP, LLC and its users may retain and continue to use, store, display, reproduce, republish, modify, create derivative works, perform, and distribute any user content that other users have stored or shared through FOAPP, LLC.

We value your feedback and are interested to learn new ways to improve our site. For the purposes of these Terms of Use, “feedback” is defined as any information, communications, comments, ideas, proposals or other material submitted to FOAPP, LLC for the purpose of improving or changing the features available on our site or any other service not contained on this site which FOAPP, LLC may offer now or in the future. If you submit feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission(s), FOAPP, LLC does not waive any rights to use similar or related feedback previously known to FOAPP, LLC, or developed by its employees, or obtained from sources other than you. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

FOAPP, LLC
3602 Mockingbird Ln.
Amarillo, Texas 79109

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY FEATURES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with FOAPP, LLC We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FOAPP, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

Under no circumstances will FOAPP, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, forms, or other content available on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the one (1) month period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

  1. E-mail Services

We will allow users to access their own e-mail services in connection with our services in order to share information between users and your account. Your interactions with these features will depend on your e-mail settings or e-mail provider.

We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy.

  1. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we have no responsibility to maintain data submitted to our site, including preferences, interests, account settings, or any other content in the event that FOAPP, LLC dissolves, terminates or closes its business or disables its services. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, bandwidth and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.

  1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  1. Export Controls

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5, 8-13, 16, 20 and 22-23 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

  1. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site, both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Randall County and the United States District Court for the Panhandle District of Texas with respect to such matters.

  1. Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at info@theobituaryapp.com, if by e-mail, or at 3602 Mockingbird Ln., Amarillo, TX 79109 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

  1. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  1. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

  1. Contact Information

If you notice that any user is violating these Terms of Use, please contact us at

 

FOAPP, LLC
3602 Mockingbird
Amarillo, Texas 79109
Attn: Customer Service

 

 

Privacy Policy

  1. What does this Privacy Policy cover?

Thank you for visiting a website or application provided by Sympathy Flowers Now, FOAPP, LLC and its affiliates (“FOAPP”) are committed to respecting your privacy. This Privacy Policy outlines FOAPP’s collection and use of personal information (“Privacy Policy”).

FOAPP currently owns or operates the following brands: Sympathy Flowers Now, Leave Prepared, Urn Market, The Obituary App, The Funeral App, My Simple Cremation, Obitski, among others. These brands may be updated from time to time by FOAPP without notice.

FOAPP collects information through: (a) its various websites including, but not limited to, www.FOAPP.com, www.TheObituaryApp.com, www.TheFuneralApp.com, www.SympathyFlowersNow.com, www.LeavePrepared.com, www.MySimpleCremation.com, www.Obitski.com, www.UrnMarket.com, and other websites as it may introduce or acquire in the future; (b) various social media accounts and channels including, but not limited to, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through our various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by FOAPP from time to time (collectively, the “FOAPP Services”). The privacy practices outlined in this policy are incorporated by reference into the Terms of Use for the FOAPP Services.

Please note that FOAPP may have separate privacy policies for certain websites. Please be sure to consult with the website or application that you are using to understand FOAPP’s privacy practices for that website or application.

This Privacy Policy is current as of the Effective Date. Please consult this Privacy Policy from time to time since FOAPP may, at any time, and without notice, revise this Privacy Policy by updating this posting.

If, at any time, you choose not to accept the terms of this Privacy Policy, you should not access or use FOAPP Services. Please continue reading below for information on how we use and disclose personal information.

  1. What types of Personal Information and related information does FOAPP collect from you?

FOAPP Services
FOAPP collects certain personal information through the FOAPP Services described above – including through our websites, through social media accounts and channels, and via our applications, mobile technologies, telephone discussions, email and other forms of communication. In order for you to place orders, make purchases, complete transactions, interact with FOAPP or have access to certain features of the FOAPP Services, we may require you to register or provide certain personal information. This information may include, but is not limited to, your name, contact information, email address, age or date of birth, payment information, rewards program information or a username and password.

Purchase and Recipient Information
When making purchases through the FOAPP Services, we may also require you to provide a credit card, billing address and gift message and that you provide information about a recipient or potential recipient of a gift or a purchase you make through the FOAPP Services.

Social Media Sites
FOAPP may also receive personal information from social media platforms, as well as from people with whom you are friends or otherwise connected on social media platforms. For example, if you access the FOAPP Services through a third-party connection or log in through Instagram, Twitter, Facebook Connect or another third-party service, by “following,” “liking,” or linking your account to one or more of the FOAPP Services, that third party may pass information about you to us, including, without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated with your account, your profile picture, your physical location, your photos, photo likes, photo tags, and an access token to authenticate to the third-party service. We may also collect additional information regarding your hobbies, interests or “likes” that you make available through your profile on the third-party service, any other information that you have permitted the third party to share with us, and any information you have made public in connection with that service.

If you allow us access to your social media friends list, then your friends’ user IDs and your connection to those friends may be used and stored to make your experience more social, and to allow you to invite your friends to use the FOAPP Services. Please consult with the third party’s website for further information before you link or connect to the FOAPP Services and on how to control or adjust your privacy settings on that site. FOAPP has no control over such third-party website.

Third Parties
We may supplement the information you provide to us with data we obtain or receive from third parties, such as our affiliates, marketing firms, data vendors or address verification services. For example, if you change your address and fail to advise us, we may verify your address through a third-party address verification company. We may combine information we collect online with information we collect off line.

Mobile Applications
As disclosed upon installation (in case of Android) or prompted for permission (in the case of iOS), our mobile applications may access personal information on your device. For example, when placing an order through our mobile applications you may enter a shipping address from your device’s address book or receive birthday reminders for contacts; or if placing an order including an image our application would require access to your device’s photo library.

  1. How does FOAPP use Personal Information?

FOAPP may use personal information in order to facilitate your use of the FOAPP Services, including receiving, processing, fulfilling and delivering your purchases. We may use personal information to identify you when you log in to our FOAPP Services, to provide a better experience through the FOAPP Services, or to personalize your experience across the FOAPP Services. We may also use personal information to better understand our customers and to better tailor or enhance our FOAPP Services. For example, we may also use personal information for data analysis and segmentation, understanding our customers across our various platforms and brands, and providing recommendations and reminders for events and other business purposes. We may also use personal information as we believe to be necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliated companies, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

FOAPP may send you e-mail communications or promotional offers to an email address, through a device (such as mobile device or applications) or through other contact information provided through the FOAPP Services. If you do not want to receive such communications from us, please see Section 9. We may contact you using information you have entered into the FOAPP Services either recently or in the past regardless of whether you have opted in or out of email marketing messaging.

To the extent you participate with interactive features through the FOAPP Services such as the social media sites, any personal information that you provide may be published in the manner consistent with the interactive feature. For example, if you tag a photo through Instagram with #FOAPP or @FOAPP, we may repost that photo under @FOAPP.

To the extent you participate in any sweepstakes, promotions or contests through the FOAPP Services, any personal information provided by you may be used in accordance with separate or different terms and conditions under the applicable rules of such sweepstakes, promotion or contest, which may differ from this Privacy Policy.

By providing information through the FOAPP Services (including through our mobile applications), you authorize us to share information among our family of websites and mobile applications. Further, certain of the FOAPP Services (including through our mobile applications) allow for cross application authentication, which means that once you log in to one of the FOAPP Services, you may be logged in to any of our other FOAPP Services as well.

  1. Where is Personal Information stored and processed?

By using the FOAPP Services, you acknowledge that your personal information may be stored or processed in the United States or any other country in which FOAPP (or its affiliates) or their respective service providers maintain facilities. This means that we may transfer information we collect about you including personal information to entities across borders to another country or jurisdiction. If you are located within the European Union or other jurisdictions with laws governing data storage or processing that are different from United States laws, please be aware that we may transfer information to a country that does not have the same laws. By using the FOAPP Services, you expressly consent to: (a) the transfer of information to the U.S. or any other country in which FOAPP (or its affiliates) or their respective service providers maintain facilities; and (b) the use and disclosure of information about you as described in this Privacy Policy.

  1. What Non-Personal Information does FOAPP collect?

FOAPP may collect non-personal information from you including, but not limited to, demographic data, location data (as more fully discussed in Section 7 below), browser type, your Internet Service Provider or operating system, the URL of previous FOAPP Services you visited, and your IP address. Unless otherwise required by applicable law, FOAPP may use and share this information, which does not personally identify you, for any purpose, including sharing with our third-party partners, affiliates, agents or service providers for various administrative, analytical and marketing purposes.

We may use your IP address to help diagnose problems with our server, to detect fraud, and to administer the FOAPP Services. We may also use your IP address to assist in attempting to identify you when we feel it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, to protect the FOAPP Services, systems, information, employees, business partners, service providers, users, customers or others or as may be required by law enforcement.

  1. What are cookies, clear GIFs and other similar technologies and how does FOAPP use them?

Cookies: We may collect information from you by using cookies. A “cookie” is a small text file stored on your computer containing information about you. Cookies help us analyze web traffic, provide user data for a particular webpage, and allow web applications to be adapted for you as an individual. This helps us tailor our operations to your specific needs and preferences by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser’s steps for doing so. However, if you do disable cookies, you may not be able to take full advantage of all our online features or access certain sections of our FOAPP Services, including the “shopping cart.”

Clear GIFs: We, or our third-party partners, affiliates, agents or service providers, may collect information from you by using clear GIFs. A “clear GIF” or graphics interchange format (also known as pixel tags, single pixel GIFs, web beacons or action tags) help us or a third-party measure advertising effectiveness. Clear GIFs help us manage content on the FOAPP Services by informing us of what content is effective. Further, clear GIFs may be used: (i) in HTML based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered through the FOAPP Services; and (iii) to track the visitor traffic through the FOAPP Services. Among other reasons, these clear GIFs allow us to measure the usage of each of the FOAPP Services by our visitors and the effectiveness of certain communications and marketing campaigns. The main differences between a cookie and a clear GIF are that clear GIFs are invisible on a web page and are much smaller.

Mobile Analytics: We utilize third party analytics technology in our mobile applications which tracks usage and interactions within our mobile applications. This information helps provide insight into the use of such mobile applications and assists with our further improvement and development associated with the mobile application and FOAPP Services.

Affiliate Tracking: You may purchase products from us through a link associated with our affiliate program. Our affiliate program allows participating website publishers, bloggers and other organizations (“Affiliates”) to display links on their respective websites which direct customers to the FOAPP Services.

Behavioral Advertising: We participate in online behavioral advertising (OBA). We may use third parties to display ads tailored to your individual interests based on how you browse and shop online. We may allow certain third parties to collect certain information when you use the FOAPP Services. For example, these companies may use non-personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personal information (e.g., IP address) during your visits to FOAPP Services in order to provide advertisements about goods and services likely to be of greater interest to you on third party sites. These parties typically use a cookie or a third-party web beacon to collect this information.

 

Our Do Not Track Policy: Some third-party browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals. To learn more about online behavioral advertising (OBA), please visit the Network Advertising Initiative website (http://www.networkadvertising.org/choices/) or Digital Advertising Alliance website (http://www.aboutads.info/choices/).

Other Technologies: Since new technologies are being developed every day, we may introduce or utilize new technologies in the future in a manner consistent with this policy and generally applicable industry standards. Further, additional disclosures or requests for permission may be presented through the use of such new technologies at the time of such use. For example, you may receive a request from a mobile application to enable sharing of information through your device.

  1. How does FOAPP collect and use location-based data?

When you access the FOAPP Services by or through a mobile device or application, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the FOAPP Services. We may also be able to determine your general geographic location (i.e., city or town and state) through your IP address. You may control whether location data is shared with us through your mobile device, application or browser settings. Some features of the FOAPP Services, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

  1. When does FOAPP share Personal Information with third parties?

FOAPP shares your personal information in the manner described below.

FOAPP Affiliates: FOAPP may share personal information with its affiliated companies, including those referenced herein and those subsequently acquired by FOAPP or its affiliated companies.

FOAPP Member Florists / Distributors: FOAPP shares information with our FOAPP Member Florists and distributors for the purposes of fulfilling and delivering your purchases. These FOAPP Member Florists and distributors may contact you or the recipient relating to your purchases. The FOAPP Member Florists are a network of independently owned and operated floral shops, whose privacy practices may differ. FOAPP may provide certain marketing services on behalf of the FOAPP Member Florists. On some occasions, the recipient may be contacted to schedule delivery or verify delivery availability. To maintain our high-quality standards, we may contact recipients to ensure satisfaction with their gift.

FOAPP Third Parties: FOAPP may share, store and process your information with third parties who act as our agents, suppliers, vendors, contractors, subcontractors or service providers (collectively, “FOAPP Third Parties”). The FOAPP Third Parties include the floral and gift distributors mentioned above. You acknowledge that the collection, transfer, management, storage, and processing of personal information may be undertaken by these FOAPP Third Parties for the fulfillment of FOAPP Services and other FOAPP business purposes. The FOAPP Third Parties are given the information they need to perform their designated functions.

Third Party Links: The FOAPP Services may contain links to third party sites that FOAPP does not own or operate and such third parties may provide other goods or services. We provide links to these third parties as a convenience to you. These links are not intended as an endorsement of or referral to the linked third-party goods or services. We recommend you carefully read the privacy policy, notices and terms of use of any the other sites that you visit. We do not have any control over such services and, therefore, we assume no responsibility or liability for the manner in which the organizations that operate such linked sites collect, use or disclose, secure or otherwise treat you or your personal information.

Partner Programs: If you are directed to FOAPP or the FOAPP Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship. For example, if you purchased or use a voucher from a group buying or flash deal website, we may share information regarding the order in which such voucher was redeemed. If you placed an order utilizing an Affiliate link, as described above, we may share information about you or your order with such Affiliate.

Direct Marketing Companies: From time to time we may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. If you prefer to opt-out of the use of your personal information by direct marketing companies for trade or rental purposes, please let us know at the address listed in Section 12 below.

FOAPP Business and Legal / Mergers and Acquisitions: There may be business or legal reasons to disclose personal information. As an example, we may transfer information we have about you to third parties in connection with an actual or potential merger, consolidation, acquisition, reincorporation, sale/divestiture, acquisition or other similar transaction involving all or part of our company or any affiliate, or as part of a corporate reorganization or stock sale or other change in corporate control. If we undergo such a business transition, personal information may be one of the assets that may be shared or transferred as part of the business transition and used by such third party as though such third party were FOAPP.

Law Enforcement/Government Requests/Other: We may be required by law to provide personal information to law enforcement, a government agency or in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body or civil litigant including emergency situations. We may also disclose personal information when we believe in good faith that disclosure is necessary to comply with relevant laws, for the establishment, exercise or defense of legal claims, to prevent and address fraud and other illegal activity, to prevent death or imminent bodily harm, or to protect or defend the rights, property or safety of our users, others and ourselves.

  1. What are your choices regarding marketing communications?

Email Marketing
You may opt out of receiving email marketing promotions from the FOAPP family of brands. However, each of our brands manages its own email marketing, so please note that you may only be opted out of receiving email marketing promotions from the brand you contact. In addition to being able to opt out of receiving marketing promotions by following the unsubscribe instructions in the applicable promotion you received.

 

Text and Mobile Applications
To the extent you are receiving SMS Messaging from a member of the FOAPP family of brands, you may opt out of receiving SMS messaging by replying to any message we send you with the word “STOP” or contacting us at the phone numbers above. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings.

NOTE: Please allow up to ten (10) business days for us to process your request. If you make a purchase through an FOAPP Service, you may be opted back in to our marketing communications for all of our brands until you opt out or unsubscribe once again. We may continue to send you transactional or operational communications.

  1. What measures does FOAPP take to ensure the security of this Personal Information?

We use procedural and technological security measures which are reasonably designed to help protect personal information from unauthorized access or disclosure, consistent with industry standards.

We use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, it is always possible that third parties will unlawfully intercept or access transmissions or defeat these measures. Therefore, we do not promise and cannot guarantee (and thus you should not expect) that personal information will never be viewed or used by others.

  1. How does FOAPP treat personal information related to children?

Our FOAPP Services are not directed at children under the age of 13 and we do not knowingly collect personal information from anyone under 13. Indeed, in order to make a purchase through the FOAPP Services, you must be 18 and have a valid credit card. Children should always get permission from their parents before providing any information about themselves online, to us or to anyone else. If parents believe their minor children have accessed the FOAPP Services and provided their personal information, please contact us.

How do you contact FOAPP if you have a concern with this Privacy Policy?

FOAPP takes your privacy concerns seriously. If you have questions regarding this Privacy Policy, please contact us at:

FOAPP, LLC
3602 Mockingbird
Amarillo, Texas 79109
Attn: Customer Service