1. Acceptance of Terms
By accessing or using Wikibituary's website, applications, or services (collectively, the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access our Services.
Important: These terms contain a mandatory arbitration provision and class action waiver. Please read Section 14 carefully.
2. Definitions
- "Services"
- Wikibituary's memorial creation and hosting platform, including all features, websites, and applications.
- "Memorial"
- A digital tribute page created to honor and remember a deceased individual.
- "Creator"
- The individual or funeral home that creates and manages a Memorial.
- "User"
- Any person who accesses or uses our Services.
- "Content"
- Any text, images, videos, audio, or other materials uploaded to our Services.
- "Subscription"
- A paid plan that provides access to premium features and memorial creation capabilities.
3. Accounts and Registration
3.1 Account Creation
To access certain features, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Types
We offer two types of accounts:
- Individual Accounts: For personal memorial creation and viewing
- Funeral Home Accounts: For professional memorial creation services (requires subscription)
4. Services Description
Wikibituary provides a platform for creating and maintaining digital memorials. Our services include:
- Memorial page creation and customization
- Photo and video hosting for memorial content
- Guest book and condolence message features
- Memorial linking between family members
- Long-term archival and preservation
- Subscription-based features for funeral homes
Historical Preservation: Memorials become part of our historical archive after 100 years and may be made publicly available for historical and genealogical research purposes.
5. Subscriptions and Payments
5.1 Subscription Plans
We offer various subscription plans for funeral homes, as detailed on our pricing page. All prices are in U.S. dollars.
5.2 Billing and Renewal
- Subscriptions automatically renew at the end of each billing cycle
- You may cancel automatic renewal at any time
- We use third-party payment processors; you agree to their terms
- All fees are non-refundable except as required by law
5.3 Free Trial
We may offer free trials at our discretion. You may be required to cancel before the trial ends to avoid charges.
6. User Content and Memorials
6.1 Content Ownership
You retain ownership of any content you submit to our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content in connection with our Services.
6.2 Content Guidelines
You agree not to upload content that:
- Infringes on any third-party rights
- Is illegal, obscene, defamatory, or threatening
- Contains personal information without consent
- Impersonates any person or entity
- Contains viruses or malicious code
6.3 Memorial Moderation
We reserve the right to remove or modify any memorial that violates these terms or that we deem inappropriate.
6.4 Memorial Transfer
Upon verified request from immediate family members, memorial management may be transferred to another account.
7. User Conduct
You agree not to:
- Use our Services for any illegal purpose
- Harass, abuse, or harm others
- Interfere with or disrupt our Services
- Attempt to gain unauthorized access to our systems
- Use automated systems to access our Services
- Circumvent any access or use restrictions
8. Intellectual Property
The Wikibituary platform, including all source code, databases, functionality, software, website designs, and text, are our property and protected by copyright and trademark laws.
You may not:
- Copy, modify, or create derivative works
- Reverse engineer or attempt to extract source code
- Use our name, logos, or trademarks without permission
- Remove any copyright or proprietary notices
9. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using our Services, you consent to our collection and use of information as described in the Privacy Policy.
10. Termination
We may terminate or suspend your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
Upon termination:
- Your right to use our Services will immediately cease
- Active subscriptions will be canceled
- Memorial content may be preserved as required by our archival policies
11. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- Our Services will be uninterrupted or error-free
- Defects will be corrected
- Our Services are free of viruses or other harmful components
- The results of using our Services will meet your requirements
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WIKIBITUARY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
13. Indemnification
You agree to defend, indemnify, and hold harmless Wikibituary and its licensees and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of and access to our Services
- Your violation of these Terms
- Your violation of any third-party right
- Any content you submit to our Services
14. Dispute Resolution
14.1 Binding Arbitration
Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.
14.2 Class Action Waiver
You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class-wide arbitration.
14.3 Governing Law
These Terms shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes via email or through our Services. Continued use after changes constitutes acceptance of the modified Terms.