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Membership Agreement
ObitServices.com is provided to you by Vega Interactive, LLC ("we" or "us"). This Membership Agreement shall govern your use of ObitServices.com. All those utilizing the service agree to obey the following guidelines when posting content on ObitServices.com. This Membership Agreement is a binding contract regarding your use of ObitServices.com. If you do not agree with any of these terms, you may not use the services provided by ObitServices.com and you must exit this website. Violations of any of the terms of this Membership Agreement will result in posted content being removed from the site. We will not be obligated in any way to inform posters of any change to their posting and will offer no refunds for deleted/modified listings. Excessive abuse of our services can and may result in canceled membership, banning from the site or in certain circumstances notification of local and or federal authorities.

USER GENERATING POSTING SERVICE

We reserve the right to reject any copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We may provide access on this website, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas.

We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, Membership Agreement, Privacy Policy, or to protect the rights, property or safety of visitors to our website, our customers, the public or Vega Interactive, LLC and its employees, agents, partners and affiliates.

We reserve the right to deny access to this website to anyone who violates this Membership Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. Specific Prohibited Uses. Members of the site may post as many listings as they wish but are not allowed to do any of the following:

  • Post repetitive duplicate or near duplicate listings
  • Post content using third party or custom developed software
  • Post content in inappropriate areas
  • Use posting methods that intentionally undermines the design of our site
  • Use posted email addresses, phone numbers or our blind box feature for the purposes of solicitation or any other purpose not directly related to the posted content
  • Republish, store, "scrape", or collect data from the site for any purpose
  • Respond negatively to other members
  • Post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in a manner that disguises the origin of any content you transmit;
  • Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with ObitServices.com, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by us and our licensors and suppliers. You may not, for example, republish any portion of this website on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ObitServices.com, not to insert any code or product or manipulate the content of ObitServices.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Copyright Complaints. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ObitServices.com, please contact us at the address listed below under the heading "Contact Us."

Membership and Registration. If you become a Member of ObitServices.com, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access ObitServices.com using your name in whole or in part. ObitServices.com reserves the right to terminate Membership and deny access to the site to any person who violates this Membership Agreement.

User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, ObitServices.com, including for example communication during registration, communication on any ObitServices.com bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Membership Agreement; (2) all information you provide is true, accurate, current and complete, and does not violate this Membership Agreement; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of ObitServices.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

For all such information and material, you grant us, our affiliates and related entities, including a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any 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 without the need for additional compensation of any sort to you.

Communications With Third Parties Through ObitServices.com

Given the nature of ObitServices.com and the volume of messages and postings, ObitServices.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly encourage caution when divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. ObitServices.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Your dealings or communications through ObitServices.com with any party other than ObitServices.com are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

DISCLAIMERS

Use at Your Own Risk. The material available through this website is provided for informational purposes only. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, forums, and other areas available for public postings. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of our staff.

No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).

No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. WE, OUR AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE UNINTERUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IN NO EVENT SHALL OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS, AND EACH OF OUR PARENT AND AFFILIATED COMPANIES, AND EACH OF OUR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF OBITSERVICES.COM; (2) OUR USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

International Users. ObitServices.com is controlled, operated and administered within the United States. ObitServices.com makes no representation that materials or Content available through ObitServices.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use ObitServices.com or export the content in violation of United States export laws and regulations. If you access ObitServices.com from a location outside the United States, you are responsible for compliance with all applicable laws.

MISCELLANEOUS

ObitServices.com reserves the right to change this Membership Agreement at any time in its discretion and to notify users of any such changes solely by changing this Membership Agreement. Your continued use of ObitServices.com after the posting of any amended Membership Agreement shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Membership Agreement was posted will be governed according to the Membership Agreement that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion of ObitServices.com, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer its rights and obligations under this Membership Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us, our website, or any of our or their assets.

This Membership Agreement will be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to ObitServices.com must be filed in a federal or state court located in Rhode Island, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ObitServices.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

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