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Terms of Service

Thank your for visiting OCMP.org, the web site of Ocean County Memorial Park. OCMP.org (referred to herein as "the site" or "this site") is operated by the Ocean County Memorial Park Association and its affiliates (referred to herein as "OCMPA", "we," "us," or "our").

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THIS SITE. By using this site you signify your agreement to these terms of service. If you do not agree to these terms of service, please do not use this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.

DESCRIPTION OF SERVICE
OCMPA currently provides users with the ability to create, maintain, and participate in an e-ternity™ Online Memorial, and also supplies access to other tools and services through the pages on this site (referred to herein as "the Service", or "Service").

RESTRICTIONS ON USE OF MATERIALS
All materials contained in this site is the copyrighted property of OCMPA, or its affiliated companies. All trademarks, service marks, and trade names are proprietary to OCMPA, or its affiliates. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.

USER SUBMISSIONS
OCMPA does not claim ownership of content you submit or make available for inclusion on this site. By placing material on, or communicating with, this site, you warrant that you own or otherwise control all rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant OCMPA and its related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

EDITORIAL CONTROL OVER USER-SUBMITTED CONTENT
We reserve the right to remove e-ternity™ Online Memorials in whole or in part that does not meet our decency guidelines. Without limiting our right to remove content, we have attempted to provide decency guidelines for posting content on our site, so please follow these guidelines when placing an e-ternity™ Online Memorial. You must not:

  • Defame, abuse, harass or threaten others;
  • Make any bigoted, hateful, or racially offensive statements;
  • Advocate illegal activity or discuss illegal activities with the intent to commit them;
  • Post or distribute any material that infringes and/or violates any right of a third party or any law;
  • Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
  • Advertise or sell to or solicit others;
  • Use the memorial for commercial purposes of any kind;
  • Post or distribute any software or other materials that contain a virus or other harmful component.

All submissions to an e-ternity™ Online Memorial are reviewed for appropriate content prior to being published on an e-ternity™ Online Memorial, but your cooperation with the above decency guidelines is appreciated.

PERMANENCE OF USER-SUBMITTED CONTENT
OCMPA guarantees that all information contained within an e-ternity™ Online Memorial will remain on this site for as long as we continue to provide the e-ternity™ Online Memorial service.

OCMPA makes significant efforts to ensure that the data contained within an e-ternity™ Online Memorial is not lost due to equipment malfunction or any other special circumstance that could potentially lead to lost data. However, you agree that OCMPA has no responsibility or liability for the deletion or failure to store any information or other content that is maintained or transmitted by the e-ternity™ Online Memorial service.

At this time the only limit in regard to the amount of information that can be included within an e-ternity™ Online Memorial is on photos, of which there can be a maximum of five (5). However, you acknowledge that OCMPA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded content will be retained by the Service and the maximum disk space that will be allotted on OCMPA's servers on your behalf.

INDEMNITY
You agree to indemnify and hold OCMPA and its affiliates, officers, agents, or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PART OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CREDIT CARD AND OTHER PERSONAL INFORMATION
OCMPA takes the issue of your privacy seriously. We do not share your credit card or other personal information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also only retain the last 4 digits of your credit card number when we store your order information after your order has been processed.

LEGAL JURISDICTION
These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to OCMPA must be filed in a federal or state court located in Newark, NJ, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

For questions about these Terms of Service, please contact us.

 
 

 

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