Funeral Presence Terms and Conditions 

 

Terms and Conditions ("Terms")

 

Last updated: December 31, 2019

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.onlinefuneralpresence.com website and the Funeral Presence mobile application (the "Service") operated by Coinbuk LLC doing business as Coinbuk ("us", "we", or "our").

 

These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. If you live in the United States, please read it carefully.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

 

As a condition of use, you promise to not use the Services for any purposes that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by Funeral Presence. By way of example, and not as a limitation you agree not to use the Services:

 

To abuse, harass, threaten, impersonate or intimidate any person;

 

To video or transmit, or cause to be posted or transmitted any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profile, or that infringes any copyright or other right of any person;

 

For any purpose (including posting or view Content) that is not permitted under the laws of the jurisdiction where you use the Services;

 

To video or transmit or cause to be videoed or transmitted any communication or solicitation designed or intended to obtain password, account or private information from any Funeral Presence user;

 

To video or transmit copyrighted Content which does not belong to you

 

To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from Funeral Presence in order to contact, advertise to, solicit or sell to any user without their prior explicit consent;

 

To promote or sell unauthorized Content of another person;

 

 

Intellectual Property

You agree that the Funeral Presence service, including but not limited to Funeral Presence products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement Funeral Presence contains proprietary information and material that is owned by Funeral Presence and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.  You agree that you will not user such proprietary information or materials in any way whatsoever except for use of the Funeral Presenceservice in compliance with this Agreement. No portion of the Funeral Presence service may be reproduced in any form or by any means except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the WFuneral Presenceservice in any manner, and you shall not exploit the Funeral Presence service in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity.

 

 

Your Content

 

Ownership:      When you upload your content through the Funeral Presence system you create a dual ownership of the content between you and Funeral Presence. 

When you create a dual ownership of the content between you and Funeral Presence you grant Funeral Presence (and our parents and affiliates) a worldwide license to communicate, distribute, host, sell, loan, lease, make modifications, or derivative works, publicly display, publicly perform, publish, reproduce, store and use such content. You grant Funeral Presence permission to use the content for operating, marketing, promoting, and improving the Funeral Presence service. At Funeral Presence discretion Funeral Presence may incorporate your content into a Funeral Presence feature or into promotional or marketing materials.

 

DMCA Policy

 

If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through a Funeral Presence service, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

 

A description of the copyrighted work that you claim is being infringed;

A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;

Your address, telephone number, and email address;

The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;

The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and

An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Our designated copyright agent to receive such claims can be reached as follows:

 

By email:info@onlinefuneralpresence.com

 

Disclaimer of Warranties: Liability Limitation

 

Funeral Presence does not guarantee, represent, or warrant that your user of the Funeral Presence system will be uninterrupted or error-free, and you agree that from time to time Funeral Presence may remove the Funeral Presence system for indefinite periods of time or cancel the Funeral Presence system at any time, without notice to you.

 

 

Disputes

 

Arbitration Notice:  Except if you opt-our and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and Funeral Presence will be resolved by binding, individual, arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

 

You may opt out of this agreement to arbitrate. If you do so neither you nor Funeral Presence can require the other to participate in an arbitration proceeding. To opt out, you must notify Funeral Presence in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

 

PO Box 1971Annandale, Va 22003, USA

 

You must include your name and residence address, the email address you use for your Funeral Presence account, and a clear statement that you want to opt out of this arbitration agreement.

 

 

Any dispute or claim relating in any way to your use of any Funeral Presence system, or to any product or services sold or distributed by Funeral Presence or through onlinefuneralpresence.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To being an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our mailing address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.  The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator feeds will be governed by the AAA’s rules. The fees will only be reimbursed when the arbitrator rules against Funeral Presence.  Funeral Presence will not seek attorney’s feeds and cost in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representation action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

 

 

Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, credit card number, debit card number, email address and phone number.

 

 

Subscriptions

 

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring ...

 

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the …

 

 

 

 

Links To Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by My Company (change this).

 

My Company (change this) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that My Company (change this) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Applicable Law

 

By using any Funeral Presence service, you agree that the Federal Arbitration Act, applicable federal law and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Funeral Presence.

 

Termination

 

You may terminate your Funeral Presence account, any associated email address and access to the Funeral Presence system by submitting such termination request to Funeral Presence.

 

You agree that Funeral Presence may, without prior notice, immediately terminate, limit your access to or suspend Funeral Presence your Funeral Presence account, and access to the Funeral Presence services. Cause for such termination, limitation of access or suspend shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) request by law enforcement or other government agencies (c) discontinuance or material modification to the Funeral Presence services (or any part thereof) (d) unexpected technical or security issues or problems (e) extended period of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any feeds owed by you in connection with the Funeral Presence services. Further, your agree that all terminations, limitations of access and suspensions for cause shall be made in Funeral Presence sole discretion and that Funeral Presence shall not be liable to you or any third party for any termination of your account, any associated access to the Funeral Presence services.

 

Termination of your Funeral Presence account includes any or all of the following: (a) removal of access to all or part of the offerings within the Funeral Presenceservices (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and (c) barring of further use of all or part of the Funeral Presence services.

 

 

 

Contact Us

 

If you have any questions about these Terms, please contact us at info@onlinefuneralpresence.com