Last updated: July 17 2006

Please read the following terms of use ("Terms of Use") carefully before using this site powered by ObitsBarbados.com, hereafter referred to as "this Site."

1. Applicability & Acceptance of Terms of Use

By using, accessing, browsing, or submitting any material to this Site, you expressly agree to these Terms of Use as a binding legal agreement between you and ObitsBarbados.com, without limitation or qualification. If you do not agree to these Terms of Use, then you may not use this Site. ObitsBarbados.com, reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use.

2. Material Submitted by Users

(a.) By submitting any material to this Site, including, for example, information, articles, illustrations, images, lyrics, photos, poems, or text (“Material”) for a Guest Book entry, a Moving Tribute, Life Story, or photo, you represent and warrant that you have the right to post the Material to this Site, which means

(i.)   you are the author of the Material, or
(ii.)  the Material is not protected by copyright law, or
(iii.) you have express permission from the copyright
       owner to post the Material on this Site.

You also represent and warrant that the information you submit is accurate. You further represent and warrant that the Material you submit does not violate these Terms of Use, that it will not cause injury to any person or entity, and that it does not violate any third party’s proprietary, statutory, or common law rights.

(b.) ObitsBarbados.com, does not allow you to post, transmit, display, publish, distribute, or otherwise submit to this Site any Material that:

• contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
• is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
• violates any municipal, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
• Unfairly interferes with any third party's uninterrupted use and enjoyment of this Site.
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
• is intended primarily to promote a cause or movement, whether political, religious or other;
• contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
• includes articles, illustrations, images, lyrics, photos, poems, text, or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
• uploads or transmits viruses or other harmful, disruptive or destructive files;
• disrupts, interferes with, or otherwise harms or violates the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
• Is otherwise inappropriate for this Site, in the sole discretion of ObitsBarbados.com.

(c.) We reserve the right to remove Guest Books, Guest Book entries, Moving Tributes, Life Stories, photos, or any other Material that does not meet the standards described in Sections 2(a.) and 2(b.) above. In cases in which payment has been made for a removed Life Story, Guest Book, or Moving Tribute, ObitsBarbados.com, will issue a full refund.

3. License Granted by Submitters to ObitsBarbados.com.

You grant ObitsBarbados.com, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to ObitsBarbados.com, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize ObitsBarbados.com, to include the Material you provide in a searchable format that may be accessed by users of this Site and other Web sites. You also grant ObitsBarbados.com., and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant ObitsBarbados.com, the right to use any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such Information. All rights in this paragraph are granted by you in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you.

4. Indemnity

You agree to indemnify and hold ObitsBarbados.com, its subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone in connection with Material you submit, post, transmit, display, publish or distribute on or through this Site, your use of this Site, your connection to this Site, or your violation of these Terms of Use.

5. Disclaimer of Permanence

Subject to our right to remove Material, ObitsBarbados.com, guarantees that each Life Story, Guest Book and Moving Tribute sponsored as "permanent" will remain on this Site for the duration of our existence, and that each Guest Book sponsored as "three months" will remain on this Site for three months from the date of sponsorship, unless this Site ceases to exist during that mo.

6. Accessing Site

Except as specifically authorized by ObitsBarbados.com, you may not access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or Material on this Site. ObitsBarbados.com, reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

7. Use of Content on Site

We grant you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download or print individual pages of this Site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or Material in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, Material, software, products or services obtained from this Site. You may not deep-link to this Site for any purpose without the express permission of ObitsBarbados.com. Any rights not expressly granted herein are reserved.

8. Site Accuracy

ObitsBarbados.com does not represent or warrant that the information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. ObitsBarbados.com. assumes no responsibility or liability for any errors or omissions in the content of this Site.

9. Links and Framing

As a courtesy to you, this Site may offer links to other web sites. Some of these sites may be affiliated with ObitsBarbados.com., while others are not. ObitsBarbados.com is not responsible for the contents of any web site pages created and maintained by organizations independent of ObitsBarbados.com, Visiting any such third-party web site pages is at your own risk. ObitsBarbados.com has no control of these third-party web site pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party web site pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party web site pages do not constitute or imply an endorsement by ObitsBarbados.com. By using this Site you acknowledge that ObitsBarbados.com, is responsible neither for the availability of, nor the content located on or through any third-party web site pages. No authorization or permission is given for framing or linking to any pages of this Site or any of its content, whether in whole or in part.

10. DISCLAIMER OF WARRANTIES

ObitsBarbados.com., neither warrants nor represents that your use of this Site will not infringe rights of third parties not owned by or affiliated with ObitsBarbados.com. The information, opinions, services, products, and content contained on this Site, including, without limitation, Material submitted by users, text, graphics, and links, are provided on an "AS IS" basis with no warranty. ObitsBarbados.com., makes no representations or warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ObitsBarbados.com., DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, OPINIONS, SERVICES, PRODUCTS, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

11. LIMITATION OF LIABILITY

(a.) In no event shall ObitsBarbados.com., be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if ObitsBarbados.com., has been previously advised of the possibility of such damages, whether in an action under 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 from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. ObitsBarbados.com., also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing this Site, or of your downloading of any materials from this Site. ObitsBarbados.com., assumes no responsibility or liability arising from the content of this Site, as well as any off site pages or additional sites linked to this Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. ObitsBarbados.com., will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.

(b.) You and ObitsBarbados.com., agree that the warranty disclaimers and limitations of liability in this Agreement are material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement, and in the decision by each party to enter into this Agreement.