Last update: 02/10/2015
Last check: 02/10/2015
Please read the following terms of use ("Terms of Use") carefully before using this website (hereinafter referred to as "this website") and writing or submitting any material for this website.
1.) Applicability & Acceptance of Terms of Use
By using, accessing, browsing or submitting any writings and/or materials on this website, you expressly agree to be bound by these Terms of Use. Newcomer Funeral Service Group reserves the right to change, modify or update these Terms of Use at any time without notice. You agree that each time you visit this website you will be bound by the then current Terms of Use.
2.) User Submitted Material
By submitting any writings or material to this site, including but not limited to information, articles, illustrations, images, lyrics, photos, poems or text ("Material") to this site, you represent and warrant that you have the right to submit the material to on this website, which means that (i.) you are the author of the material, or (ii.) the material is not protected by copyright, or (iii.) you have the express permission of the copyright owner to post the material on this website . You also represent and warrant that any text you write and/or any information you transmit is true and accurate. You further represent and warrant that the material you submit does not violate these Terms of Use, will not cause harm to any person or entity, and will not infringe the proprietary, statutory or common rights rights of any third party.
The Newcomer Funeral Service Group will not intentionally publish, transmit, display, publish or distribute any Submission or Materials that:
- contain vulgar, profane, abusive or hateful language, epithets or insults, text or illustrations in bad taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hatred;
- is defamatory, threatening, derogatory, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, grossly exaggerated or unsubstantiated, violates the privacy rights of any third party, is unreasonably harmful or offensive to individuals or communities, contains any actionable statement or is likely to do so to mislead or reflect unfairly on any other person, company or organization;
- violates, or attempts to encourage, any local, state or federal law, rule, regulation or ordinance;
- interfere with the uninterrupted use and enjoyment of this website by third parties.
- advertises, promotes or offers trade in goods or services;
- is primarily intended to promote a cause or movement, whether political, religious or otherwise;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, poems, lyrics or other content) without the express permission of the copyright owner of the content;
- includes any article, illustration, image, song lyrics, photograph, poem, text, or other content that constitutes, promotes, or encourages any illegal activity, violation of any rights of any person or entity, violation of any local, state, national, or international law, rule, guideline or regulation or otherwise gives rise to liability;
- uploads or transmits viruses or other harmful, disruptive or destructive files;
- disrupts, disrupts or otherwise interferes with or violates the security of this Website or any service, system resource, account, password, server or network connected to or accessible through this Website or any affiliated or linked websites;
- otherwise inappropriate for this website is at the sole discretion of Newcomer Funeral Service Group.
We reserve the right to remove any submitted text, photographs or other materials that do not meet the standards described in Section 2 above, or for any other reason.
3.) License granted by the submitters of the Newcomer Funeral Service Group.
You grant to Newcomer Funeral Service Group, its affiliates, affiliates and/or convey a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, display, archive, store, publish, transmit and perform, distribute, reproduce and create derivative works from any writings and/or materials that you provide to the Newcomer Funeral Service Group in any form, media, software or technology of any kind now in existence or hereafter developed. Without limiting the generality of the previous sentence, you authorize Newcomer Funeral Service Group to include the text and/or materials you provide in a searchable format accessible to users of this website and other websites. You also grant Newcomer Funeral Service Group and its affiliates and affiliates the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of any such writings and/or materials that you provide . You also grant Newcomer Funeral Service Group the right to use any fact, idea, concept, know-how or technique ("Information") contained in any material or communication you send us for any purpose, including, but not limited to, developing, manufacturing and marketing products using such information.
4.) Compensation
You agree to indemnify and hold harmless Newcomer Funeral Service Group, its subsidiaries and affiliates, agents, officers, directors and/or the agents and employees of such companies from any claim or demand made by anyone with respect to any written and/or materials collected from you, sending, posting, transmitting, displaying, publishing or distributing on or through this Site, your use of this Site, your connection to this Site, or your breach of these Terms of Use.
5.) Right to Publish
The Newcomer Funeral Service Group reserves the right to read and review all Submissions before posting them on the Website and reserves the right not to post any Submissions at its sole discretion.
6.) Disclaimer
Subject to our right to remove material, Newcomer Funeral Service Group warrants that each news book will remain on this site for a period of 30 days. Messages of condolence will remain on this site for the duration of the message book.
7.) Right to Contact You
If you make a submission, you may be contacted by the Newcomer Funeral Service Group so that we can follow up on any issues related to such a submission.
8.) LIMITATION OF LIABILITY
Newcomer Funeral Service Group shall not be liable to you for any direct, indirect, special, punitive, incidental, exemplary, consequential or any damages whatsoever, even if Newcomer Funeral Service Group has been advised of the possibility of such damages beforehand, whether in an action of contract, negligence or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services and materials available on this website.
The Newcomer Funeral Service Group also accepts no responsibility and shall not be liable for any damage or virus which may infect your computer equipment or other property as a result of your accessing, using or browsing this website or your downloading of any materials from this website.
The Newcomer Funeral Service Group assumes no responsibility or liability arising out of the content of this website, as well as any external pages or additional websites linked from this website, for any error, defamation, slander, slander, omission, falsehood, obscenity, pornography, any obscenity, dangers or inaccuracies contained therein.
You and Newcomer Funeral Service Group agree that the warranty disclaimers and limitations of liability in this Agreement are material and negotiated as the basis of this Agreement.
The foregoing limitations of liability apply only to the extent permitted by the laws of your state of residence or the law of the state where Newcomer performed funeral services for you or your family.
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