You can access the Terms any time in the footer of the Site’s home page, via the menu button or on the Site description screen, or as otherwise indicated depending on the Services you are using. BY ACCESSING, VISITING OR USING THE SITE OR SERVICES, YOU CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SITE AND ANY OTHER OF THE SERVICES GOVERNED BY THESE TERMS. WE ADVISE THAT YOU PRINT OR RETAIN A DIGITAL COPY A COPY OF THESE TERMS FOR FUTURE REFERENCE.
In addition to reviewing the Terms, please also review our Community Guidelines (“Community Guidelines”), Privacy Notice (“Privacy Notice”) and any other terms and conditions that may be posted elsewhere in the Site or otherwise communicated to our users through the Site or Services, because the Privacy Notice and all such other terms and conditions are also part of the Agreement between you and us.
Additional terms will apply to any transactions you make through our Site, and such will be provided during the specific process (for example, if you purchase products or services for sale on the Site). Those terms may vary from the Terms provided herein.
IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST ACCESS AND/OR USE THE SITE AND/OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
2. Changes to These Terms
We may in our sole and absolute discretion change these Terms or our Privacy Notice from time to time to comply with laws or to meet our changing business requirements. These revisions shall be effective for new users immediately upon being posted to the Services; however, for existing customers, the applicable revisions shall be effective 30 days after posting unless otherwise stated. If you do not agree with any of the changes, you must discontinue using any and all Services. By continuing to use our Site or any other of our Services after any changes are posted, you expressly accept any applicable changes. Please note our employees, customer service representatives, or other agents are not authorized to modify any provision of these Terms, either verbally or in writing.
3. Epilogg Intellectual Property; Limited License to the Services
Our Site, Services, products, information and other content (“Epilogg Works”) are intellectual property owned by Epilogg and are protected by the copyright laws of the United States and other countries. These Epilogg Works are provided to you under license pursuant to the following terms, unless otherwise indicated expressly and in writing; you do not acquire any interest in any of the Epilogg Works other than the rights licensed to you by the terms below.
For any Services that enable you to access, view, download, share or use in any other fashion the Epilogg Works only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Epilogg Works FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. None of these Epilogg Works may be copied, shared, or distributed at any time except as expressly provided on the Site or Services (for example, permissible downloading or sharing of any informational materials).
Any use of the Site, Services and Epilogg Works other than as specifically authorized by these terms, without our prior written permission is strictly prohibited and will automatically terminate the license granted herein without any further action by Epilogg. Such unauthorized use may also violate applicable laws such as (but not limited to) copyright and trademark laws. This license is revocable at any time.
4. Trademark Notices
The trademark EPILOGG, the Epilogg logo, and other website marks, graphics, logos, designs, page headers, button icons, scripts and service names that we use are trademarks or trade dress of Epilogg in the U.S. and/or other countries. Epilogg’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Epilogg. All other trademarks and logos on our Site or other of our Services are the property of their respective owners.
5. Account Access; Passwords
Upon account sign-up, you will be able to create and post content. If you register with the Epilogg Services, you will be required to choose a password and email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to take all actions possible to protect your username and password from fraudulent use. You agree to (a) immediately notify Epilogg of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Epilogg reserves the right to cancel any Epilogg account it believes has been compromised, or is being used fraudulently, at its own discretion.
In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. Epilogg cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. Purchase & Donation Transactions
The Epilogg Site and Services currently allow users creating Epilogg obituary pages to add flower purchase and donation links to obituary pages. Those visiting the obituary page may choose to send flowers to a family member or friend or make a donation in a decedent’s honor. Epilogg receives a fee from each such transaction as follows:
- Flowers: Epilogg receives an affiliate fee of 10% of any flower transaction completed through the Site (via its floral partner, Bouqs.com).
- Donations: Epilogg receives a service fee of 2% of any donation transaction completed through the Site (via its donation partner, 4giving.com). Additional fees paid from the donation: 5% service fee paid to the 4Giving Foundation; 3% credit card fee. Users also have the opportunity to make an additional donation to the 4Giving Foundation.
Epilogg does not charge its users to create accounts and to create and post Epilogg obituary pages. The above Epilogg service fees provide revenue that allows Epilogg to continue to maintain the Site and Services. For any questions on the above policies or on a specific donation transaction, please email us at: firstname.lastname@example.org.
7. User Conduct
You may only use the Site and other Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Services. In using any Services, and in particular, our Site, you expressly acknowledge you are prohibited from, and agree that you will not without our prior express written consent:
- copy, reproduce, or improperly use or access any content you access or obtain from the Site or the Services;
- modify, distribute, re-post or sell any content you access or obtain from the Site or the Services except as permitted on the Site or Services;
- circumvent or disable any content protection system or digital rights management technology used with any Services;
- decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form;
- remove identification, copyright or other proprietary notices in or on the Services
- use the content on our Site for any commercial exploitation whatsoever.
- disrupt or interfere with the security of, or otherwise abuse, our Site, or any of our Services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- access content, data or portions of our Site that are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any Services or our website through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of our website or applications or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our website;
- send automated queries of any sort to our Site, including meta-searching and “offline” searches of our Site;
- harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our website or affiliated or linked sites;
- post or submit any content or other data that is libelous, defamatory, threatening, obscene, invasive of privacy, abusive, illegal, objectionable, fraudulent or will otherwise violate the rights of third parties, including false Epilogg obituaries or false reports of deaths of others;
- upload, post, or otherwise transmit through or on our Site any viruses or other harmful, disruptive, or destructive files;
- use, frame, or utilize framing techniques to enclose any Epilogg trademark, logo, or other proprietary information (including the images found at our website, the content of any text, or the layout/design of any page or form contained on a page) without Epilogg’s express written consent;
- use meta tags or any other “hidden text” utilizing a Epilogg name, trademark, or product name without Epilogg’s express written consent;
- deep link to our Site without Epilogg’s express written consent;
- create or use a false identity on our Site, share your account information, or allow any person besides yourself to use your account to access our Site (except as permitted in on the Site);
- harvest or otherwise collect information about Epilogg users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you or unless you have an express license from the copyright owner permitting such posting.
8. User-Generated Content; Content License
Certain areas of the Site may allow users to post or upload information, data, text, photographs, graphics, messages and/or other content (“User-Generated Content”). You agree that all of your User-Generated Content will comply with the requirements of this Agreement. You acknowledge and agree that User-Generated Content and any and all liability arising from User-Generated Content are the sole responsibility of the user who posted the content, and not Epilogg. In addition, you understand that by using the Epilogg Services, you may be exposed to User-Generated Content that may be personally sensitive in nature. While Epilogg attempts to maintain a respectful online community, it does not guarantee the accuracy, integrity or quality of any User-Generated Content. Under no circumstances will Epilogg be liable in any way for any User-Generated Content, including, but not limited to, for any errors, omissions or misrepresentations in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any User-Generated Content.
If you do choose to post content on our Site, please do not do so unless you understand that your User-Generated Content is intended to be made available publicly. You should not assume that you are anonymous online and cannot be identified by your User-Generated Content.
When, as applicable, you provide User-Generated Content to Epilogg through the Services, or grant Epilogg the ability to access your User-Generated Content on third party sites, you grant Epilogg a non-exclusive, worldwide, royalty-free, sub-licensable, transferable and perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User-Generated Content. The rights you grant in this license are for the limited purposes of allowing Epilogg to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to “creat[ing] derivative works” is not intended to give Epilogg a right to make substantive editorial changes or derivations, but does, for example, enable reblogging or reposting, which allows Epilogg subscribers or Epilogg to redistribute User-Generated Content in a manner that allows them to add their own text or other content before or after your User-Generated Content (such as comments).
You also agree that this license includes the right for Epilogg to make all publicly-posted User-Generated Content available to third parties selected by Epilogg, so that those third parties can syndicate and/or analyze such User-Generated Content on other media and services. In addition, you grant Epilogg and our afﬁliates the right to use the name you submit in connection with Your User Generated Content if we so choose.
Note also that this license to your User-Generated Content continues even if you stop using the Services, primarily because of the social nature of Content shared through Epilogg’s Services – when you post something publicly, others may choose to comment on it, making your User-Generated Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all User-Generated Content you transfer to us.
9. Modifications to Epilogg Services
Epilogg reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Epilogg Services (or any part thereof) with or without notice. You agree that Epilogg will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Epilogg Services.
10. Termination of Your Access to Epilogg Services
You agree that Epilogg, in its sole discretion, may terminate your access to any of the Epilogg Services, and/or remove, discard or modify any User-Generated Content within the Service, for any reason, including, without limitation, for lack of use or if Epilogg believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Epilogg Services may be affected without prior notice and acknowledge and agree that Epilogg may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Epilogg Services. If you use the Site in violation of these Terms, Epilogg may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Epilogg shall not be liable to you or any third party for the discontinuation or termination of your access to the Epilogg Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
11. Third Party Links and Services
Our Site and Services may contain links to other websites or services. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Further, your dealings with any third parties found on or through the Site or Services, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, including privacy terms, are solely between you and the third party. You agree that Epilogg will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, through the Site or Services.
12. Privacy Notice
As noted elsewhere herein, the data that we obtain from you through your use of any of the Services, is subject to our Privacy Notice. The Privacy Notice can be viewed on our Privacy Notice page. The Privacy Notice contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Notice before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Notice, please do not use our Services.
You hereby release and discharge Epilogg and any affiliates (the “Epilogg Affiliates”) from any and all claims, suits, rights of action, losses, charges, damages, demands, debts, or causes of action, in law or in equity, that you have, or may come to have, against Epilogg and/or the Epilogg Affiliates, arising out of, or relating to, your use of the Services. You understand and agree that this Release is a condition precedent to your access to the Services. You acknowledge that you are aware of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims which the creditor [or claimant] does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him/her, must have materially affected his/her settlement with the debtor [or opposing party].” Nonetheless, it is your intent to release Epilogg and the Epilogg Affiliates, fully and finally. You hereby waive any benefits you may have pursuant to California Civil Code Section 1542 to the fullest extent permitted by law and assume the risk of any and all claims against Epilogg and the Epilogg Affiliates, or any of them, which you do not know or suspect to exist whether through ignorance, oversight, error or otherwise.
14. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT EPILOGG IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USE,(4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN OUR SITE OR OTHER SERVICES, (5) RELIANCE ON CONTENT OR USER-GENERATED CONTENT OR POSTINGS ON OR IN OUR SITE OR SERVICES, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT EPILOGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL EPILOGG’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. International Users
Our website is controlled, operated, and administered by Epilogg from its offices within the United States of America. We recognize that it is possible for you to obtain access to the Services and Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Services and Site have been designed to comply with the laws of the State of Minnesota and of the United States. Epilogg makes no representation or warranty that the materials contained within our website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the website are illegal is prohibited.
By accessing or otherwise using the Site and Services, you represent and warrant that: (a) your access to and use of the Services, or any content or software therein, will comply with any and all requirements in these Terms; (b) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (c) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any of our Site or Services.
Privacy provisions applicable to persons in the EU, California, Australia and other places may be found in our Privacy Notice.
17. DMCA Copyright Policy
Epilogg respects the intellectual property rights of others, and we require users of our Site and Service to do the same. Site and Service users remain the original copyright owner in all content provided on the community. Use of the material in a manner that is inconsistent with the terms and conditions set forth herein is strictly prohibited.
Epilogg has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C § 512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Epilogg’s Copyright Agent:
- Information reasonably sufficient for Epilogg to contact you: name, address, phone and e-mail address (if available);
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;
- Information reasonably sufficient to permit Epilogg to locate your work on the site;
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Epilogg by mail or email as set forth below:
Attn: Copyright Agent
287 E. 6th Street, Suite 140
Saint Paul, MN 55101
18. Governing Law; Dispute Resolution
As the Services and Site are controlled by Epilogg from Minnesota, you agree that Minnesota and U.S. law will apply regardless of your residence or the location where you use the Site and Services. In the event of any controversy or claim arising out of or relating to these Terms or the breach thereof (“Dispute”), the Parties agree to negotiate for a period of thirty (30) days following a party’s notice of such Dispute. In the event that negotiation does not resolve the Dispute, the Parties agree that such Dispute shall be settled by arbitration in Ramsey County, MN before a single arbitrator knowledgeable in commercial contracts and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
19. Limitation of Actions Brought Against Epilogg
You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Epilogg to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to the Site, Services or these Terms, you may contact a representative of Epilogg at:
287 E 6th Street, Suite 140
Saint Paul, MN 55101
Tel. No: 651-401-2665