1.) Applicability & Acceptance of Terms of Use

By using, accessing, browsing, or submitting any writing and/or Material to this Site, you expressly agree to be bound by these Terms of Use. Newcomer Funeral Service Group reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You agree that each visit you make to this Site you shall be subject to the then-current Terms of Use.

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 warrant that the Material you submit does not violate these Terms of Use, that it will not 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.

4.) Indemnity

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 connection to this Site, or from your violation of these Terms of Use.

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.

© 2015 Newcomer Funeral Service Group