Digitalobituaries.co.ke (hereby known simply as Digital Obituaries throughout these \"Terms of Use\"), owned and operated by Digital Obituaries Limited, is provided to you (\"User\") under the terms and conditions detailed in this document (\"Terms of Use\"). The Terms of Use comprises the entire agreement between User and Digital Obituaries, and supersedes all prior agreements between the parties regarding the subject matter contained herein.

Each reference to \"use of the website\" herein means to view website content and/or to establish, edit and maintain private memorial websites by users of the website.

By using the website and/or creating a memorial website, you are indicating your agreement to be bound by all of the following terms and conditions.

2. Description of service

Digital Obituaries hosts and operates memorial website created in memory of individuals who have passed away. Some of these memorial websites are created by Digital Obituaries staff and some of these websites are created by users of Digital Obituaries, who are not affiliated or related in any way to Digital Obituaries.

3. Modifications to terms of use

Digital Obituaries may change the Terms of Use from time to time. Upon major changes in the Terms of Use, Digital Obituaries will notify all users who created a memorial wall in Digital Obituaries by sending an e-mail to the address they provided upon registering or editing their memorial.

User\'s continued use of the Service constitutes an affirmative: (1) acknowledgement by the User of the Terms of Use; and (2) agreement by User to abide and be bound by the Terms of Use and Terms of Use modifications.

4. Modifications to service

Digital Obituaries reserves the right to modify the service, including (and not limited to) its features, its look & feel, its behavior and its functional elements.

5. User Content

6a. Content ownership

User is solely responsible for the photos, profiles (including name, image, and likeness), candles, tributes, gifts, messages, notes, text, information, music, video, advertisements, listings, and other content that the User upload, publish or display (hereinafter, \'post\') on or through the Service or the Site, or transmit to or share with other users (collectively the \'User Content\'). The user may not post, transmit, or share User Content on the Site or Service that the User did not create or that the User does not have permission to post. The User understands and agrees that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The User is solely responsible at his/her sole cost and expense for creating backup copies and replacing any User Content the User post or store on the Site or provide to the Company.

When the User posts user content to the site, the user authorises and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, the User automatically grant, and the User represent and warrant that the User have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. The User may remove User Content from the Site at any time. If the User choose to remove User Content, the license granted above will automatically expire, however the User acknowledge that the Company may retain archived copies of the User Content. Digital Obituaries does not assert any ownership over User Content; rather, as between us and User, subject to the rights granted to us in these Terms, the User retain full ownership of all of the User Content and any intellectual property rights or other proprietary rights associated with User Content.

6b. Content responsibility

User acknowledges and agrees that Digital Obituaries neither endorses the contents of any of the memorial websites nor assumes responsibility for any of this content.

The operators of the website retain for themselves the right, solely at their discretion, to erase, edit or omit content that is not in keeping with the purpose of using this website. The operators of the website’s decision to do so is not to be construed as accepting responsibility for the content appearing on the website which was not placed there by them.

The content of eulogies, tributes or candles or any User Content will be edited or removed by the operators if it contains any of the following:

Offensive Language

Naming individuals alleged or convicted of crimes connected with the deaths of those featured on this website.

Inappropriate messages expressing opinions about the circumstances surrounding the deaths of those persons featured on this website.

6c. User account, password, and security

Once a user creates a memorial website, he/she shall enter a password for editing and managing the website. He/she is entirely responsible if he/she does not maintain the confidentiality of his/her password and account. Furthermore, he/she is entirely responsible for any and all activities which occur under his/her account.

User agrees to immediately notify Digital Obituaries of any unauthorised use of User\'s account or any other breach of security known to User.

When you are uploading a photograph or image onto a memorial site on Digital Obituaries, it is extremely important that you either own the copyright of that image (that is you took the picture yourself) or that you have the written permission of the person who owns that picture.

This is important because if you use a picture without permission, the owner can take legal action against you, and you could be liable to prosecution and/or pay a fine and costs.

For example, if you create a site for someone famous who has passed away, you must not use an image of them on that site unless you can determine who owns the copyright to that picture and you have their permission. Simply copying a picture from the internet or a newspaper’s website is not permitted.

Digital Obituaries cannot accept responsibility for any pictures which you have uploaded onto the site. It is your personal responsibility. If someone contacts Digital Obituaries to advise that a picture they took or own the copyright to has been used without their permission then we will remove that image. If legal proceedings are brought, your contact details may be provided as the person responsible for that breach of copyright.

7. Disclaimer of warranties

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER\'S SOLE RISK. THE SERVICE IS PROVIDED ON AN \"AS IS\" AND \"AS AVAILABLE\" BASIS.

DIGITAL OBITUARIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DIGITAL OBITUARIES MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER\'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER\'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Storage

Digital Obituaries assumes no responsibility for the deletion of or failure to store information in Digital Obituaries memorial websites.

9. User conduct

User is solely responsible for the contents of his or her memorial website. User\'s use of the Service is subject to all applicable local, state, national and international laws and regulations.

10. Indemnification

User agrees to indemnify and hold Digital Obituaries, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys\' and solicitors\' fees, made by any third party due to or arising out of User\'s use of the Service, the violation of this Terms of Use by User, or the infringement by User, or other user of the Service using User\'s computer, of any intellectual property or other right of any person or entity.

11. Termination

Either User or Digital Obituaries may terminate the Service with or without cause at any time and effective immediately. Digital Obituaries shall not be liable to User or any third party for termination of Service. Nevertheless, if service is terminated by Digital Obituaries, any payment made by the User for hosting a memorial website will be refunded, provided that:

(a)the Service wasn\'t terminated due to the User violation of the Terms of Use;

One year did not pass from the day the payment was made until the time the service was terminated.

Should User object to any terms and conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, User\'s only recourse is to immediately discontinue use of the Service.

Upon termination of the Service, User\'s right to use the Service and Software immediately ceases. User shall have no right and Digital Obituaries.org/Digital Obituaries.co.uk/Digital Obituaries.co.uk will have no obligation thereafter to deliver the user any of the content from the memorial websites.

12. Notice

All notices to a party shall be in writing and shall be made either via email or conventional mail. Digital Obituaries may broadcast notices or messages through the Service to inform User of changes to the Terms of Use, the Service, or other matters of importance; such broadcasts shall constitute notice to User.

13. Proprietary rights to content

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service (\"Content\") by Digital Obituaries or Digital Obituaries affiliates, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorised. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so.

14. Laws

The Terms of Use shall be governed by and construed in accordance with the laws of kenya. User and Digital Obituaries agree to submit to the exclusive jurisdiction of the Kenya legal service.

Failure by Digital Obituaries to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Digital Obituaries in writing.

User and Digital Obituaries agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.

15. Copyright Infringement

In the event of a copyright infringement, you are required to follow the report procedure. More details and the form you will need to fill in are available from our copyright information page.

Important Warning regarding uploading photographs and images on Digital Obituaries.co.ke

When you are uploading a photograph or image onto a memorial site on Digital Obituaries, it is extremely important that you either own the copyright of that image (that is you took the picture yourself) or that you have the written permission of the person who owns that picture.

This is important because if you use a picture without permission, the owner can take legal action against you, and you could be liable to prosecution and/or pay a fine and costs.

Digital Obituaries cannot accept responsibility for any pictures which you have uploaded onto the site. It is your personal responsibility. If someone contacts Digital Obituaries to advise that a picture they took or own the copyright to have been used without their permission then we will remove that image. If legal proceedings are brought, your contact details may be provided as the person responsible for that breach of copyright.

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