Last revised: March 1, 2011
- The Site is not directed toward individuals under 18 years of age nor does C6 knowingly collect information from individuals under 18. If you are under 18, please do not submit any personally identifiable information to the Site.
2. RIGHTS AND RESTRICTIONS ON USE OF THE SITE
- Title. You hereby acknowledge and agree that, as between C6 and you, all right, title, and interest in and to the Site, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by C6.
- Access. You agree not to access the Site by any means other than through the interface that is provided by C6. You further agree that you will not collect any information from or through the Site using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of it. If C6 makes software available to you for download, your download and use of such software shall be subject to a separate license agreement.
- Other Requirements.
- To the extent that you use or connect to any third party messaging and/or content delivery website through the Site, you agree that you will comply with all terms and conditions of use for those websites, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
- You understand that the Site is offered to the public free of charge. If you use the Site to advertise products or Site in any way other than pursuant to an Advertising Agreement executed by you and C6 ("Unauthorized Advertising"), C6 reserves the right to restrict your access to the Site and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Site for commercial use, you may request, or C6 may request that you work with C6, subject to C6's approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Site.
3. THIRD PARTY CONTENT
- You understand that the Site is provided as a service to the general public and acts only as a search tool and as a resource for consumers to find funeral home services, send funeral flowers, locate cemetery addresses, and initiate funeral pre-planning. C6 does not verify the qualifications of funeral homes, cemeteries, or other service providers and does not evaluate or control exchanges between users and these service providers. C6 cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
- The Site may contain links to third-party sites that are not under the control of C6, and C6 is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that C6 endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. C6 is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Site.
- Links to advertising that has not been approved by C6 may be embedded in third party content displayed on the Site. C6 is not responsible for any content, cookies, or other technology used in connection with such advertising.
4. LICENSE AND CONFIDENTIAL INFORMATION
- By sending messages or posting information or content to the Site ("User Content") you automatically grant, and you represent and warrant that you have the right to grant, to C6 an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
- No information or content of any kind that you submit to C6, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Site shall be deemed confidential or secret information.
- You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section; and (ii) your posting of the User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You further agree that C6 is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
5. ACCOUNTS AND SECURITY; NOTICES
- Accounts. If at any time the Site requires you to open an account, you must complete the registration process by providing C6 with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to C6 which is untrue, inaccurate, not current or incomplete, C6 reserves the right to terminate this Agreement and your continued access and use of the Site.
- Security. During the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of that account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify C6 immediately of any unauthorized use of your account or any other breach of security. C6 will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by C6 or another party due to someone else using your account or password.
- Any notices that we send to you by email will be sent to the email address you provide when you register for an account or the email address in your profile.
6. COPYRIGHT AND TRADEMARKS INFORMATION
- Copyright Notice: Copyright © 2011 Copper Six LLC. All Rights Reserved.
- "Copper Six" and "iMortuary" are trademarks of Copper Six LLC. All other trademarks, trade names, service marks, service names are the property of their respective holders.
7. COPYRIGHT POLICY
- The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by C6 infringe your copyright, you, or your agent may send to C6 a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon C6 actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to C6 a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Please visit http://www.loc.gov/copyright for details.
- C6's copyright agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Tolis Dimopoulos, Esq.
Sophos Law Firm, PLLC
1037 N.E. 65th Street, Suite 211
Seattle, Washington 98115
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SITE
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SITE AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND C6 HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, C6 DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then C6's warranties shall be limited in those jurisdictions to the extent permitted by law.
- IN NO EVENT SHALL C6 BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFIT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INFORMATION AVAILABLE FROM THE SITE, EVEN IF C6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, C6'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then C6's liability shall be limited in those jurisdictions to the extent permitted by law.
- Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Site. The Site may contain technical inaccuracies or typographical errors. C6 assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Site.
- C6 may terminate or make changes to all or any portion of the Site, product offerings, and any other information and materials available on or through the Site and may delete any content that has been submitted to the Site at any time and without notice or liability.
12. GENERAL INFORMATION
- By accessing the Site you agree that the statutes and laws of the United States and the State of Washington, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Site, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in King County in the State of Washington, and you consent to the personal jurisdiction of those courts.
16. COMMENTS AND QUESTIONS
If you have any comments or questions, you may address them to Copper Six LLC, 9594 1st Avenue N.E., Suite 197, Seattle Washington 98115, or by email at email@example.com.