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St. Croix
St. Eustatius
St. Maarten / St. Martin
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St. Croix
St. Eustatius
St. Maarten / St. Martin
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Agreement
Agreement This User Agreement ("Agreement") is a contract between you and Death-Announcement.com. and applies to your use of the Death-Announcement.com service, and any related products and services available through Death-Announcement.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Death-Announcement.com. Death-Announcement.com retains all rights not expressly granted by this Agreement. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Death-Announcement.com Policy, before you may sign up for a Death-Announcement.com service or account. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Death-Announcement.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other Death-Announcement.com websites and Services will be governed by the terms and conditions posted on those websites. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Death-Announcement.com," "we" or "our" will refer collectively to Death-Announcement.com. This Agreement was last modified on February 25, 2007 Eligibility. In order to use the Service, you must register for a Death-Announcement.com account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18). The Legal Relationship between You and Death-Announcement.com. 2.1 Death-Announcement.com is in "Beta." Death-Announcement.com are in beta and have not been fully tested or debugged. We disclaim any responsibly of harm that may occur by using Death-Announcement.com . 2.3 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Death-Announcement.com shall make reasonable efforts to ensure that Death-Announcement.com services function as described. 2.4 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. 2.5 Indemnification. You agree to indemnify and hold Death-Announcement.com, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service. Your Information and Restricted Activities 3.1 Definition. "Your Information" is defined as any information you provide to us or other users in your registration or use of other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. By signing up to use Death-Announcement.com , you agree that you will provide accurate information during the registration process. 3.2 Restricted Activities. Your Information and your activities through our Service shall not: (a) be false, inaccurate or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (f) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. 3.3 License. Solely to enable Death-Announcement.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Death-Announcement.com will use and protect Your Information in accordance with our Privacy Policy. 3.4 Trademarks. Death-Announcement.com. Death-Announcement.com, and all related logos, products and services described in this website are either trademarks or registered trademarks of Death-Announcement.com., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Death-Announcement.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Death-Announcement.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Death-Announcement.com. Notwithstanding the above, HTML logos provided through Death-Announcement.com or Death-Announcement.com Website Payments ("Logos") may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Death-Announcement.com or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Death-Announcement.com. Access and Interference. Our website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Death-Announcement.com site or any activities conducted on our site. You agree that you will not use any robot, spider, other automatic device, or manual process to create Death-Announcement.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not perform load testing on our website. Much of the information on our site is proprietary or is licensed to Death-Announcement.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our website without the prior expressed written permission of Death-Announcement.com or the appropriate third party. If you use Death-Announcement.com for any excluded purpose, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. Privacy and Security. We do not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. Death-Announcement.com If you object to Your Information being transferred or used in this way, please do not use our Services. Furthermore, Death-Announcement.com strongly recommends using different and unique passwords for your Death-Announcement.com and accounts. Assignability: You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Death-Announcement.com. Death-Announcement.com reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. Notices. 9.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Death-Announcement.com in electronic form. Electronic Communications may be posted on the pages within the Death-Announcement.com website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Death-Announcement.com reserves the right but assumes no obligation to provide Communications in paper format. Legal Disputes. In the event a dispute arises between you and Death-Announcement.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Death-Announcement.com agree that any controversy or claim at law or equity that arises out of this Agreement or Death-Announcement.com's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Death-Announcement.com strongly encourages users first to contact Death-Announcement.com directly to seek a resolution. Death-Announcement.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. General. This Agreement is governed by and interpreted under the laws of the state of Panama We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Death-Announcement.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 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