TERMS AND CONDITIONS
By using OurBeloved.com, you hereby agree to be bound by the following terms and conditions.
Description of Service
OurBeloved.com is a social media service designed to promote and preserve the memory of loved ones who have passed. OurBeloved.com allows users to create attractive “Tribute Sites” for family members or close friends who have passed, which are designed to be customized with photos, biographies, timelines of events and accomplishments, key life locations with descriptions and map links, video clips, and tributes from relatives and friends. Other elements of the Tribute Site, such as the background image, colors, and font styles can also be customized. Each Tribute Site has a unique URL to enable easy sharing via other social media platforms, email, and text messages.
Tribute Sites can be setup for free, but a modest fee is required to activate them, making them viewable online. Tribute Sites can be private, accessible via a passcode, or public, able to be viewed when searched. Tribute Sites can be active for periods of time ranging from 60-days to indefinitely.
The objective of OurBeloved.com is to provide a unifying location for users to share pleasant memories and welcome others to write tributes (i.e., testimonials) to the individual for which the Tribute Site has been created.
Definitions
User. A User is any individual, corporation, organization, or business that uses OurBeloved.com to set-up a Tribute Site.
Tribute Site. A Tribute Site is a custom website dedicated to the memory of their loved one that users create using the intuitive Tribute Site builder. During setup, users choose or upload a background image; upload a main image, usually a photo of the person for whom the page is created; select the navigation style and color scheme; provide information; upload images for the photo gallery; and provide details about special locations in the person’s life. The Tribute Site allows visitors to post “tributes,” which are upbuilding and thoughtful expressions about the person for whom the page is created. The site “user” must activate tributes, allowing them to be seen by anyone visiting the Tribute Site. Access can be provided to others enabling them to upload photos to the Tribute Site.
Tribute Sites can be temporary or remain online for an ongoing period.
Service. The service is the OurBeloved.com website and all its pages, databases, and features, and all Tribute Sites that are created by users.
Obligations and Representations
Information. Users shall provide accurate and non-misleading information regarding the individuals for which they setup a Tribute Site. OurBeloved.com reserves the right to verify any information provided.
If any information provided by the user changes or becomes inaccurate or misleading, the user shall promptly update their user information or the Tribute Site. Inaccurate or misleading information may be cause for suspension of the Tribute Site and cancellation of the user account.
Use. Users are responsible, at the user’s expense, for all equipment and software required to access and use the service, including, but not limited to, computer, Internet access, and any programs required to create and/or edit images or documents uploaded to OurBeloved.com.
Compliance. Users shall use the service in compliance with all applicable laws, and in accordance with this agreement and any applicable standards. Users shall promptly notify OurBeloved.com if they become aware of a breach of this agreement.
Restrictions. Users shall:
(a) Not use OurBeloved.com to create a Tribute Site for any individual with whom they are not directly acquainted through familial ties, close friendship, or at the request of a family member of the individual for whom the Tribute Site is created.
Tribute Sites created for individuals not personally known by the user, or at the request of a close family member may be cancelled.
(b) Not use OurBeloved.com for the purpose of obtaining information regarding its functionality to reverse-engineer, develop, or modify a similar service.
(c) Not impersonate or misrepresent user’s affiliation with OurBeloved.com in a manner that could reasonably result in a civil or criminal action being taken against OurBeloved.com or the user.
Representations. User represents to OurBeloved.com that:
(a) Within the terms and conditions stipulated herein, user is authorized and has the right to use the service in connection with creating a Tribute Site on behalf of an individual that has passed away that was personally known by the user through familial ties, close friendship, or at the request of a family member or close friend of the individual.
(b) If the user is an organization, partnership, corporation, or other business entity, the individual accepting this agreement is expressly authorized by the user to enter into this agreement on behalf of the user.
(c) User has read, understands, and agrees to these terms and conditions.
Intellectual Property Rights
Ownership. OurBeloved.com retains sole ownership of the website, all its pages, databases, and features. All images offered by OurBeloved.com for use on Tribute Sites are subject to licensing agreements between OurBeloved.com and its authorized stock photo providers. Use of stock images on a Tribute Site does not entitle the user to any rights or privileges in connection with the images beyond the purposes stipulated in this agreement.
Users shall not violate any business or individual’s intellectual property rights, trademarks, licenses, or copyrights through the unauthorized use of images, logos, or photographs uploaded to a Tribute Site.
Reputation. Users shall not use the service in any way that may damage or adversely impact the reputation of OurBeloved.com, including using the service to promote any group, website, or service that could be considered to be associated with unlawful activity, defamation, or copyright infringement.
Offensive Content. Users shall not use OurBeloved.com to post any content that is deemed by OurBeloved.com to be offensive, such as sexually explicit images and comments; logos, symbols, or imagery or text affiliated with any hate group, terrorist organization, or criminal organization; or text that is misleading or that defames any individual, business, or other organization.
OurBeloved.com reserves the exclusive right to remove offensive content, including offensive tributes posted on any Tribute Site by any individual. OurBeloved.com reserves the exclusive right to cancel the account of any user that posts content in violation of these Terms and Conditions.
Fees
Payment. By accepting this agreement, user agrees to the Fee Schedule for services provided as stipulated on the OurBeloved.com Tribute Site setup page.
OurBeloved.com may modify the Fee Schedule from time to time. Any changes to the Fee Schedule will be posted on the Tribute Site setup page.
Cancellation of Service. If user decides to discontinue use of the service for any reason, all terms and conditions stipulated in this agreement remain in full force.
Privacy
OurBeloved.com is committed to the privacy of all users of our website and services. Protecting the privacy of our users is one of our top priorities.
OurBeloved.com has a strict policy of maintaining the confidentiality of all that use this service. Names, e-mail addresses, telephone numbers, and other information provided by users are never sold, shared, rented, leased, or otherwise disclosed to any third party without the express consent of the user, except as may be required to comply with any applicable law, regulation, legal process or governmental request
Our Privacy Policy is accessible from the Privacy link on our bottom navigation menu.
Terms and Termination
Term. This agreement is effective upon user’s acceptance and lasts as long as the user uses the service.
Disclaimers and Limitations on Liability
Warranty Disclaimers. ALL OURBELOVED.COM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE. OURBELOVED.COM DOES NOT WARRANT THAT ITS SERVICES WILL MEET USERS EXPECTATIONS OR THAT ACCESS TO SERVICES WILL ALWAYS BE TIMELY OR ERROR-FREE.
Limitation on Liability. THE CUMULATIVE LIABILITY OF OURBELOVED.COM AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, CONTRACTORS, AND AGENTS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY USER TO OURBELOVED.COM DURING THE 12 MONTHS IMMEDIATELY PRIOR TO WHEN THE LIABILITY OCCURRED. USER WAIVES ALL CLAIMS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, INCLUDING ALL DAMAGES FOR LOST USE OR DATA.
Internet Frailties. Neither party is liable for any failure or delay in performing its obligations under this agreement to the extent that the circumstances causing such failure or delay are beyond a party's reasonably control. User acknowledges that OurBeloved.com, as an Internet-based service, is subject to the operation and telecommunication infrastructures of the Internet and the operation of user’s Internet connection services, all of which are beyond OurBeloved.com’s control.
Indemnification
Obligation. User shall indemnify OurBeloved.com and its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns (each an "Indemnified Party") against all liabilities, claims, damages, costs, and expenses, including reasonable attorney's fees, related to:
(a) User’s breach of this agreement
(b) User’s website
(c) User’s infringement on the rights of a third party
Arbitration
Requirement. The parties shall settle any dispute or claim related to this agreement and the OurBeloved.com website using binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). The parties shall hold all arbitration proceedings in the County of Los Angeles, California. The parties shall settle all such disputes and claims settled in this manner in lieu of any action at law or equity; except that nothing in this subsection precludes a party from bringing an action for injunctive relief or other equitable relief.
Proceeding. The parties shall use a single arbitrator appointed by the AAA to arbitrate a dispute or claim. The arbiter must exhibit a reasonable familiarity with the issues. The award of the arbitrator is binding and final upon all parties. Either party may have a court with proper jurisdiction enter the award. This agreement remains in full force and effect while the outcome of the arbitration proceeding is pending. The arbitrator shall follow applicable law in conducting the arbitration.
Costs. A party shall pay any costs, including reasonably attorney fees, to which the arbitrator determines that the prevailing party is entitled. Each party shall pay its own costs associated with the arbitration if such costs are not awarded by the arbitrator. The arbitrator may not award punitive damages or speculative damages to either party and does not have the power to amend this agreement.
Miscellaneous
Independent Contractors. OurBeloved.com and users are independent contractors and not agents or employees of each other. Neither party has the power to bind or obligate the other. Each party is responsible for its own expenses.
Entire Agreement. This agreement, along with all documents referred to herein, constitutes the entire agreement between the parties.
Amendments. OurBeloved.com may amend its (a) website and any information listed thereon, (b) fees, (c) privacy policy, or (d) services. Users continued use of the service after an amendment constitutes user’s acceptance of the amendment.
Governing Law and Jurisdiction. The laws of the state of California govern the interpretation, construction, and enforcement of this agreement and all matters related to it, including tort claims, without regards to any conflicts-of-laws principles. The parties hereby submit to the exclusive jurisdiction of and venue in the state and federal courts located in the State of California.
Effective Date: October 16, 2020
