Terms Of Use
1. User's Acknowledgment and Acceptance of TermsFOAPP, LLC (referred to as “us” or “we”) provides the www.theobituaryapp.com website, The Obituary App mobile application, and various related services (together referred to as this “site”) subject to your (collectively, “you” and/or “your”) compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreements 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, YOU MUST 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.
FOAPP currently owns or operates the following affiliates and associated websites: Sympathy Flowers Now (www.SympathyFlowersNow.com), Leave Prepared (www.LeavePrepared.com), Urn Market (www.UrnMarket.com), The Obituary App (www.TheObituaryApp.com), The Funeral App (www.TheFuneralApp.com), My Simple Cremation (www.MySimpleCremation.com), Obitski (www.Obitski.com), among others (collectively “Affiliate(s)” or “Affiliate Website(s)”). These Affiliates and Affiliate Websites may be updated from time to time by FOAPP without notice.2. FeesThe site is a free website and/or application offered at no charge to you. However, in order to obtain full access to the services offered by the site, you must pay a fee to FOAPP, LLC as follows (collectively, the “Administrator Fee”):
i. You post an obituary that we write; and you administer the obituary (“Option 1”). For a one-time payment of $19.99, FOAPP, LLC will write, create, and/or edit an obituary for your loved one. Users who select Option 1 must reply to a request for information from us. The maximum number of edits that we will make to an Option 1 obituary is limited to three (3) rounds of edits.
ii. You post an obituary that we help you write based upon answers you provide to us through our information questionnaire; and you administer the obituary (“Option 2”). For a one-time payment of $9.99, FOAPP, LLC will help you write, create, and edit an obituary for your loved one. Users who select Option 2 must provide answers to an information questionnaire from us. No edits to the Option 2 obituary shall be allowed or made.
iii. You claim a pre-existing obituary, and you administer the obituary “Option 3”. The site features pre-existing obituaries written by thirdparties. For a one-time payment of $4.99, you can claim a preexisting obituary for your loved one. No edits to the Option 3 preexisting obituary shall be allowed or made.
By utilizing the Option 1, Option 2, or Option 3 services, you will be able to “claim” an obituary on the site and become the “administrator” of the obituary on the site. By being administrator of an obituary, you will have the ability to view, flag, and delete comments and/or photographs posted to the obituary by third parties on the site. FOAPP, LLC will also be an administrator and have oversight over all obituaries you choose to claim. FOAPP, LLC will have the ability to view, flag, and delete comments and/or photographs that are inappropriate, as determined in our sole and absolute discretion.
The site also offers advertisement-free functionality as a subscription service. The site offers advertisement-free use of the site as follows (the “Subscription Fee”):
Users can pay (A) a monthly fee of $1.99, which will be billed on a month-to-month basis, or (B) a yearly fee of $9.99, which will be billed on a yearly basis on the anniversary date of the initial subscription. The Administrator Fee and Subscription Fee, as applicable, must be paid through the site using your credit or debit card information. The Administrator Fee and Subscription Fee shall not be prorated or refunded. The Subscription Fee will automatically renew on a month-to-month basis or on a yearly basis, depending on which Subscription Fee option you choose, unless and until cancelled by you by logging into your account on the site and following the instructions to cancel the Subscription Fee.
Additionally, FOAPP, LLC, in our sole and absolute discretion, reserves the right to terminate your status as a claimant and/or administrator of an obituary if we determine any inappropriate actions have been taken by you, or in the event of a dispute over who is the proper claimant or administrator of the obituary. In either such event, neither the Administrator Fee nor the Subscription Fee will be refunded to you.3. Description of ServicesWe at FOAPP, LLC strive to bring people the most comprehensive package of funeral and obituary information along with specialized requests and quotes for any end of life planning. We make various services available on this site including, but not limited to, providing a social media platform and mobile application. Our platform allows users to do many things, including being able to search obituaries from across the nation, claim obituary/obituaries on the site, become administrator of the obituary/obituaries on the site, add comments or photos to obituaries, delete comments and/or photographs added by third parties, 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 Section 2 of these Terms of Use, or as described elsewhere in this site or on third-party websites. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and your own Internet access, and payment of service fees (including, but not limited to, the Administrator Fee and Subscription Fee) 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, misdelivery, or failure to store any user communications or personalization settings.4. Registration Data and PrivacyIn 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 by you in the Registration Data and through this site 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.5. Payment of FeesIf you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service, including, but not limited to, those listed in Section 2 of these Terms of Use. For all charges for services on this site, we will bill your credit or debit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit or debit 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. Such payments are handled according to the privacy policies and practices of the third party. 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 third-party payment technology, including breaches in security, deletion of stored information, or disruptions in network transmissions.
If, for any reason, your credit or debit 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. Unless we agree otherwise, we will not refund any prior payments. 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.6. Conduct on SiteYour use of the site is subject to all applicable laws and regulations. You are solely responsible for the contents of your communications through the site. By posting an obituary submission, submitting memorial information, or using a communications service, message board, 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, video, data and/or activities, or other information — that: acquired by FOAPP or its Affiliates.
• 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, sexual language, 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; 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.7. Right to Remove Content and Terminate ServicesWe neither endorse nor assume any liability for the contents of any material uploaded or submitted by you or third party users of the site. We generally do not pre-screen, monitor, or edit the content posted in obituary submissions, memorials, communications services, message boards, 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.ed.
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 or use of the site 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 websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.8. Social Media Connections and FeaturesSome 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.9. Mobile Device and ServicesBy 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, 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. Turning on 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.10. Third Party Websites and InformationThis site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites 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 websites, 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.11. Intellectual Property InformationCopyright © 2015 - 2022 FOAPP, LLC. All Rights Reserved. Patent Pending.
Through the site, you can create obituaries, provide memorial information, and submit other original content (collectively referred to as “Your Content”). The site also compiles similar content from third parties (“Third Party Content”). The “Content Database” is the compilation of the site, Your Content, and the ThirdParty Content made available as modified from time-to-time on the site.
By accepting these Terms of Use, you acknowledge and agree that the site itself, the technology, and the Content Database may be 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 site, technology, and Content Database as expressly authorized by us or the applicable Affiliate(s). You understand and agree that we grant you a limited, non-exclusive, non-transferable and revocable license to use the site, the Content Database, services and activities.
This license is not a sale of the Content Database. You acquire no proprietary interest in the Content Database. Only individuals authorized by FOAPP, LLC may download and/or use the Content Database.
You agree not to download, copy, or use the Content Database except as expressly permitted by these Terms of Use. You shall not transfer, sublicense, rent, lease, or lend the Content Database to any third party. You shall not modify, reverse engineer, create derivative works, disassemble, or decompile the Content Database without the express, written permission of FOAPP, LLC.
You may not use any direct link, page scraper, robot, crawler, index, spider, or other automatic device program, algorithm, or methodology to access, copy, acquire information, or use the Content Database.
Any unauthorized use of the site or any portion of the Content Database 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 the site, the technology, the Content Database, or the materials displayed on, or obtained through, this site will not infringe the rights of third parties, or that the Content Database is accurate, current or complete.
The following are trademarks or service marks of FOAPP, LLC, or its Affiliates:
All custom graphics, icons, logos, and service names are 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.12. Your ContentSubject to our Privacy Policy, any communication or material that you transmit to this site or to us, including Your Content as defined in section 11, 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 your original content, you grant us, our designated licensees and our users a non-exclusive, paid-up, perpetual, and worldwide right and license 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.
By submitting Your Content, you represent and warrant to us that Your Content is either (a) original to you; or (b) you have the appropriate perpetual, royalty-free license or permission to submit it to us. Your submission of Your Content is also subject to the restrictions on content set forth in section 6.
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 it 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.13. DMCA NoticeWe 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.14. DISCLAIMER OF WARRANTIESALL MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE CONTENT DATABASE, 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 OR THE CONTENT DATABASE. 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.15. LIMITATION OF LIABILITYYOUR 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 OR 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.16. INDEMNIFICATIONUPON 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.17. Participation in PromotionsFrom 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.18. E-mail ServicesWe 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.19. Use of Site and Storage of MaterialYou 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 space that will be allotted for 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 or 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.
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, 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 responsible or liable for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.20. Security and PasswordYou 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 communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You must keep your account information up-to-date at all times, including a valid email address. 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.21. Export ControlsSoftware available on or through this site may be 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 site, you represent and warrant that you are not located in, are not under the control of, and are not a national or resident of any such country listed above or of any such country listed on any list named above.22. International UseAlthough 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.23. Termination of UseYou 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, 5-16, 20 and 23-27 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.24. Governing LawThis site (excluding any linked websites) 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 exclusive personal jurisdiction and venue in Randall County, Texas and the United States District Court for the Northern District of Texas, Amarillo Division.25. NoticesAll 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 e-mail.26. Entire AgreementThese Terms of Use and other documents incorporated by reference 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.27. MiscellaneousIn 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, internet disruption, 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.28. Contact InformationFOAPP takes your privacy concerns seriously. If you have quest ions regarding this Privacy Policy, please contact us at:
FOAPP, LLC
3602 Mockingbird
Amarillo, Texas 79109
Attn: Customer Service
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, YOU MUST 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.
FOAPP currently owns or operates the following affiliates and associated websites: Sympathy Flowers Now (www.SympathyFlowersNow.com), Leave Prepared (www.LeavePrepared.com), Urn Market (www.UrnMarket.com), The Obituary App (www.TheObituaryApp.com), The Funeral App (www.TheFuneralApp.com), My Simple Cremation (www.MySimpleCremation.com), Obitski (www.Obitski.com), among others (collectively “Affiliate(s)” or “Affiliate Website(s)”). These Affiliates and Affiliate Websites may be updated from time to time by FOAPP without notice.2. FeesThe site is a free website and/or application offered at no charge to you. However, in order to obtain full access to the services offered by the site, you must pay a fee to FOAPP, LLC as follows (collectively, the “Administrator Fee”):
i. You post an obituary that we write; and you administer the obituary (“Option 1”). For a one-time payment of $19.99, FOAPP, LLC will write, create, and/or edit an obituary for your loved one. Users who select Option 1 must reply to a request for information from us. The maximum number of edits that we will make to an Option 1 obituary is limited to three (3) rounds of edits.
ii. You post an obituary that we help you write based upon answers you provide to us through our information questionnaire; and you administer the obituary (“Option 2”). For a one-time payment of $9.99, FOAPP, LLC will help you write, create, and edit an obituary for your loved one. Users who select Option 2 must provide answers to an information questionnaire from us. No edits to the Option 2 obituary shall be allowed or made.
iii. You claim a pre-existing obituary, and you administer the obituary “Option 3”. The site features pre-existing obituaries written by thirdparties. For a one-time payment of $4.99, you can claim a preexisting obituary for your loved one. No edits to the Option 3 preexisting obituary shall be allowed or made.
By utilizing the Option 1, Option 2, or Option 3 services, you will be able to “claim” an obituary on the site and become the “administrator” of the obituary on the site. By being administrator of an obituary, you will have the ability to view, flag, and delete comments and/or photographs posted to the obituary by third parties on the site. FOAPP, LLC will also be an administrator and have oversight over all obituaries you choose to claim. FOAPP, LLC will have the ability to view, flag, and delete comments and/or photographs that are inappropriate, as determined in our sole and absolute discretion.
The site also offers advertisement-free functionality as a subscription service. The site offers advertisement-free use of the site as follows (the “Subscription Fee”):
Users can pay (A) a monthly fee of $1.99, which will be billed on a month-to-month basis, or (B) a yearly fee of $9.99, which will be billed on a yearly basis on the anniversary date of the initial subscription. The Administrator Fee and Subscription Fee, as applicable, must be paid through the site using your credit or debit card information. The Administrator Fee and Subscription Fee shall not be prorated or refunded. The Subscription Fee will automatically renew on a month-to-month basis or on a yearly basis, depending on which Subscription Fee option you choose, unless and until cancelled by you by logging into your account on the site and following the instructions to cancel the Subscription Fee.
Additionally, FOAPP, LLC, in our sole and absolute discretion, reserves the right to terminate your status as a claimant and/or administrator of an obituary if we determine any inappropriate actions have been taken by you, or in the event of a dispute over who is the proper claimant or administrator of the obituary. In either such event, neither the Administrator Fee nor the Subscription Fee will be refunded to you.3. Description of ServicesWe at FOAPP, LLC strive to bring people the most comprehensive package of funeral and obituary information along with specialized requests and quotes for any end of life planning. We make various services available on this site including, but not limited to, providing a social media platform and mobile application. Our platform allows users to do many things, including being able to search obituaries from across the nation, claim obituary/obituaries on the site, become administrator of the obituary/obituaries on the site, add comments or photos to obituaries, delete comments and/or photographs added by third parties, 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 Section 2 of these Terms of Use, or as described elsewhere in this site or on third-party websites. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and your own Internet access, and payment of service fees (including, but not limited to, the Administrator Fee and Subscription Fee) 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, misdelivery, or failure to store any user communications or personalization settings.4. Registration Data and PrivacyIn 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 by you in the Registration Data and through this site 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.5. Payment of FeesIf you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service, including, but not limited to, those listed in Section 2 of these Terms of Use. For all charges for services on this site, we will bill your credit or debit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit or debit 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. Such payments are handled according to the privacy policies and practices of the third party. 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 third-party payment technology, including breaches in security, deletion of stored information, or disruptions in network transmissions.
If, for any reason, your credit or debit 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. Unless we agree otherwise, we will not refund any prior payments. 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.6. Conduct on SiteYour use of the site is subject to all applicable laws and regulations. You are solely responsible for the contents of your communications through the site. By posting an obituary submission, submitting memorial information, or using a communications service, message board, 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, video, data and/or activities, or other information — that: acquired by FOAPP or its Affiliates.
• 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, sexual language, 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; 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.7. Right to Remove Content and Terminate ServicesWe neither endorse nor assume any liability for the contents of any material uploaded or submitted by you or third party users of the site. We generally do not pre-screen, monitor, or edit the content posted in obituary submissions, memorials, communications services, message boards, 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.ed.
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 or use of the site 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 websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.8. Social Media Connections and FeaturesSome 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.9. Mobile Device and ServicesBy 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, 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. Turning on 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.10. Third Party Websites and InformationThis site may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites 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 websites, 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.11. Intellectual Property InformationCopyright © 2015 - 2022 FOAPP, LLC. All Rights Reserved. Patent Pending.
Through the site, you can create obituaries, provide memorial information, and submit other original content (collectively referred to as “Your Content”). The site also compiles similar content from third parties (“Third Party Content”). The “Content Database” is the compilation of the site, Your Content, and the ThirdParty Content made available as modified from time-to-time on the site.
By accepting these Terms of Use, you acknowledge and agree that the site itself, the technology, and the Content Database may be 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 site, technology, and Content Database as expressly authorized by us or the applicable Affiliate(s). You understand and agree that we grant you a limited, non-exclusive, non-transferable and revocable license to use the site, the Content Database, services and activities.
This license is not a sale of the Content Database. You acquire no proprietary interest in the Content Database. Only individuals authorized by FOAPP, LLC may download and/or use the Content Database.
You agree not to download, copy, or use the Content Database except as expressly permitted by these Terms of Use. You shall not transfer, sublicense, rent, lease, or lend the Content Database to any third party. You shall not modify, reverse engineer, create derivative works, disassemble, or decompile the Content Database without the express, written permission of FOAPP, LLC.
You may not use any direct link, page scraper, robot, crawler, index, spider, or other automatic device program, algorithm, or methodology to access, copy, acquire information, or use the Content Database.
Any unauthorized use of the site or any portion of the Content Database 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 the site, the technology, the Content Database, or the materials displayed on, or obtained through, this site will not infringe the rights of third parties, or that the Content Database is accurate, current or complete.
The following are trademarks or service marks of FOAPP, LLC, or its Affiliates:
All custom graphics, icons, logos, and service names are 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.12. Your ContentSubject to our Privacy Policy, any communication or material that you transmit to this site or to us, including Your Content as defined in section 11, 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 your original content, you grant us, our designated licensees and our users a non-exclusive, paid-up, perpetual, and worldwide right and license 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.
By submitting Your Content, you represent and warrant to us that Your Content is either (a) original to you; or (b) you have the appropriate perpetual, royalty-free license or permission to submit it to us. Your submission of Your Content is also subject to the restrictions on content set forth in section 6.
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 it 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.13. DMCA NoticeWe 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.14. DISCLAIMER OF WARRANTIESALL MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE CONTENT DATABASE, 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 OR THE CONTENT DATABASE. 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.15. LIMITATION OF LIABILITYYOUR 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 OR 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.16. INDEMNIFICATIONUPON 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.17. Participation in PromotionsFrom 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.18. E-mail ServicesWe 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.19. Use of Site and Storage of MaterialYou 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 space that will be allotted for 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 or 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.
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, 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 responsible or liable for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.20. Security and PasswordYou 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 communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You must keep your account information up-to-date at all times, including a valid email address. 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.21. Export ControlsSoftware available on or through this site may be 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 site, you represent and warrant that you are not located in, are not under the control of, and are not a national or resident of any such country listed above or of any such country listed on any list named above.22. International UseAlthough 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.23. Termination of UseYou 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, 5-16, 20 and 23-27 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.24. Governing LawThis site (excluding any linked websites) 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 exclusive personal jurisdiction and venue in Randall County, Texas and the United States District Court for the Northern District of Texas, Amarillo Division.25. NoticesAll 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 e-mail.26. Entire AgreementThese Terms of Use and other documents incorporated by reference 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.27. MiscellaneousIn 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, internet disruption, 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.28. Contact InformationFOAPP takes your privacy concerns seriously. If you have quest ions regarding this Privacy Policy, please contact us at:
FOAPP, LLC
3602 Mockingbird
Amarillo, Texas 79109
Attn: Customer Service
