Links to Third Party Sites
The linked sites are not under the control of Wilbort, LLC ("EverObits") and EverObits is not responsible for the contents of any linked site, and the inclusion of any link does not imply endorsement by EverObits of the site.
Copyright © Wilbort, LLC. All rights reserved. Any rights not expressly granted herein are reserved. For legally-based questions concerning Trademarks or Copyrights, send email to: general@Wilbort.com.
Welcome to EverObits.com. This site mainly allows you to upload and publish an obituary (the "Service.") Please review the following basic rules ("Terms") that govern your use of our Website (the "Website Agreement"). Please note, your use of our Website constitutes your unconditional agreement to follow and be bound by the Terms. EverObits reserves the right to update or modify these Terms at any time without prior notice or your express acceptance.
Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips, written content and other materials that are part of this Website are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by EverObits to one of its affiliates or by third parties who have licensed their materials to EverObits and are protected by U.S. and international copyright and/or trademark laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of EverObits and is also protected by U.S. and international copyright laws. EverObits and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. EverObits is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
Use of this Website
The Content contained on this Website is ("Content") intended solely for personal, non-commercial use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content on this Website. The Content and software on this Website may be used only for informational purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Website, overloading, "flooding", "spamming", "ddos" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. EverObits will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from EverObits on this Website and other than generally available third party web browsers (e.g., Google Chrome, Internet Explorer.)
This Website Agreement represents the complete agreement between EverObits and you and supersedes all prior agreements and representations between us. If any provision of this Website Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of this Website Agreement shall remain in full force and effect. The failure of EverObits to act with respect to a breach of this Website Agreement by you or others does not constitute a waiver and shall not limit EverObits's rights with respect to such breach or any subsequent breaches. This Website Agreement shall be governed by and construed under Pennsylvania law as such law applies to agreements between residents entered into and to be performed within Pennsylvania. Any action or proceeding arising out of or related to this Website Agreement or your use of this Website must be brought in the state or federal courts of Pennsylvania within one year of the time the claim arises.
Obituaries submitted through the site must be for persons who are deceased at the time of submission
Your content ("Content") includes any text, photos, headings, comments or verbiage you upload through the site or one of its partners to be displayed on EverObits or one of its affiliates.
You retain all your rights to any Content you submit, upload or display on or while using EverObits.
- You can mark any Content you upload as "private." Content marked "private" will not show up in public search results on the Site and only Users you have given access will be able view the Content.
- Please be aware that just because something is marked "private," does not mean that only the people you invite will see it. Users may still be able to find the direct URL for an obituary through other search mechanisms, and then share or link to it outside the Site.
- Please remember, if you share Content from the Site or provide someone with a direct link to Content, others may be able to see it, even if you marked it "private" on the Site.
- When you submit or upload your Content, you grant us a worldwide, non-exclusive, royalty-free, non-revocable, right and license to copy, sell, convey, distribute, stream, post, publicly display (e.g. post it elsewhere), reproduce and create derivative works from it (meaning things based on it), whether in print or any kind of electronic version that exists now or is later developed, for any purpose, including a commercial purpose with the right to sublicense such rights to others.
- By uploading, you are confirming that the Content is yours and that the uploading and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others' rights or are using Content that is not yours, EverObits has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
- EverObits may manipulate your Content (including transcoding and/or reformatting Content) to allow its use by the Site or its affiliates.
- EverObits may moderate Content. However, we are not responsible for what you have uploaded and we are under no obligation to modify or remove any inappropriate Content.
All comments, feedback, mail, suggestions, ideas, and other submissions disclosed (that are not referenced above) submitted or offered to EverObits on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain EverObits's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to EverObits of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, EverObits will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EverObits is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to this Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to this Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding this Website.
LINKING TO THIS WEBSITE
LINKING TO THE THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND, IN ADDITION, THAT YOU WILL NOT: Replicate any Content; imply that EverObits is endorsing you, your company or business, your Website or its contents, your products, or your services or otherwise misrepresent you or your Website's relationship with EverObits; link to any page of this Website other than the home page; present false, misleading or inaccurate information about, or disparage, EverObits, its products or services, or any of its affiliates or their products or services; use EverObits's trademarks, logos, or copyrighted materials without first receiving express prior written permission from EverObits, including content on your Website that is, or could be, construed as illegal, offensive, or controversial or inappropriate for any age group.
You agree to defend, indemnify and hold EverObits and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Website.
THIS WEBSITE IS PROVIDED BY EVEROBITS ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVEROBITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE NOR THAT THIS WEBSITE OR ANY MATERIALS WHICH MAY BE DOWNLOADED ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVEROBITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EVEROBITS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE EVEROBITS.COM WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EVEROBITS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE EVEROBITS.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EVEROBITS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the limit of liability for EverObits arising from any dispute shall not exceed the total fees you paid for the Service.
Digital Millennium Copyright Act
If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Site in a way that may constitute copyright infringement, You may provide notice of your claim to Wilbort LLC Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an e-mail address at which You may be contacted;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wilbort LLC's Designated Agent is:
Attn: Intellectual Property Agent
PO Box 35
Wynnewood, PA 19096
If your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, You must provide us with a written communication sent to Wilbort LLC's Designated Agent identified above that sets forth the following items:
- An identification of the URLs or other unique identifying information of material that Wilbort LLC has removed or to which Wilbort LLC has disabled access;
- Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Montgomery County, Pennsylvania if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature.