Last Updated: 02/10/2015
Last Review: 02/10/2015
this site (hereafter referred to as "this Site") and writing or submitting any material for this Site.
By using, accessing, browsing, or submitting any writing and/or Material to this Site,
prior notice. You agree that each visit you make to this Site you shall be subject to
2.) Material Submitted by Users
By submitting any writing or material to this Site, including, for example, information,
articles, illustrations, images, lyrics, photos, poems, or text ("Material")
to this Site, 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 writing
you make and/or information you submit is truthful and accurate. You further represent and
cause injury to any person or entity, and that it does not violate any third party’s proprietary,
statutory, or common law rights.
Newcomer Funeral Service Group will not intentionally post, transmit, display, publish, or
distribute any submitted writing or 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, state or federal law, rule, regulation or ordinance, or attempts to
encourage such an evasion or violation;
interferes with any third party's uninterrupted use and enjoyment of this Site.
advertises, promotes or offers to trade any goods or services;
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;
is otherwise inappropriate for this Site, in the sole discretion of Newcomer Funeral Service Group.
We reserve the right to remove any submitted writing, photo(s), or any other Material that does not meet the
standards described in Section 2 above, or for any other reason whatsoever.
3.) License Granted by Submitters to Newcomer Funeral Service Group.
You grant Newcomer Funeral Service Group, its affiliates, related entities, and/or assigns 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 writing and/or Material you provide to Newcomer Funeral Service
Group 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 Newcomer Funeral Service Group to include the writing and/or Material
you provide in a searchable format that may be accessed by users of this Site and other Web sites. You also grant Newcomer
Funeral Service Group 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 writing and/or Material you provide. You
also grant Newcomer Funeral Service Group 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.
You agree to indemnify and hold Newcomer Funeral Service Group, its subsidiaries and affiliates, agents, officers, directors,
and/or such entities’ agents and employees harmless from any claim or demand made by anyone regarding any and all writing and/or
Material you submit, post, transmit, display, publish or distribute on or through this Site, your use of this Site, your
5.) Right to Publish
Newcomer Funeral Service Group reserves the right to read and screen all submissions prior to publishing them on the website,
and reserves the right to not post any submission(s) at their discretion.
6.) Disclaimer of Permanence
Subject to our right to remove Material, Newcomer Funeral Service Group guarantees that each Message Book will remain on this
Site for 30 days. Condolence Messages will remain on this Site for the duration of the Message Book.
7.) Right to Contact You
By making a submission, you may be contacted by Newcomer Funeral Service Group so we may follow up with any issue relating
to such submission.
8.) LIMITATION OF LIABILITY
Newcomer Funeral Service Group shall not be liable to you for any direct, indirect, special, punitive, incidental, exemplary
or consequential damages, or any damages whatsoever, even if Newcomer Funeral Service Group 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.
Newcomer Funeral Service Group 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 of this Site, or of your
downloading of any materials from this Site.
Newcomer Funeral Service Group 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.
You and Newcomer Funeral Service Group agree that the warranty disclaimers and limitations of liability in this Agreement
are material, and bargained-for as a basis of this Agreement.
The foregoing limitations of liability shall only apply if permitted under the laws of the state of your residence or the
state law of the Site at which Newcomer performed funeral services for you or your family.
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