1. Introduction
This Acceptable Use Policy ("AUP") is a binding part of the Obitley Terms of Service and establishes guidelines for acceptable behavior and content on the Obitley memorial platform. These rules apply to all users, including individual memorial creators and business users.
By accessing or using Obitley, you agree to comply with this AUP. Violations may result in content removal, account suspension, termination of service, and/or legal action. Obitley reserves the right to investigate violations and take appropriate enforcement action at its sole discretion.
This policy recognizes the sensitive nature of memorials and emphasizes respect, dignity, and compassion in all platform interactions.
2. Core Principles
Obitley is committed to fostering a respectful, inclusive community where:
- All individuals and families are treated with dignity and compassion
- Memorials honor lives and celebrate legacies
- Content respects the memory of deceased individuals
- Diversity, inclusion, and equality are fundamental values
- User privacy and security are protected
- Content remains accessible to future generations
3. Prohibited Content
You agree not to upload, post, transmit, or otherwise make available content that:
Illegal and Harmful Content
- Is unlawful, fraudulent, or harmful in any jurisdiction
- Violates any applicable federal, state, local, or international laws
- Contains instructions for or encourages illegal activities
- Exploits, endangers, or harms minors in any way
- Promotes violence, terrorism, or violent extremism
- Facilitates illegal trafficking, abuse, or exploitation
Abusive and Harassing Content
- Contains harassment, bullying, or cyberbullying
- Is threatening, intimidating, or menacing toward any individual or group
- Contains personal attacks or defamatory statements
- Targets individuals based on protected characteristics
- Includes doxxing or sharing of private information without consent
Hateful and Discriminatory Content
- Contains hate speech, slurs, or discriminatory language
- Targets individuals or groups based on race, color, ethnicity, national origin, religion, caste, sexual orientation, gender identity, disability, or other protected characteristics
- Promotes discrimination, prejudice, or intolerance
- Incites violence or hostility against any group
- Expresses supremacist ideologies or extremist views
Sexual and Explicit Content
- Contains pornography or sexually explicit material
- Contains child sexual abuse material (CSAM) in any form
- Involves or promotes sexual exploitation or abuse
- Is obscene or inappropriately sexual in nature
Intellectual Property Infringement
- Infringes copyright, trademark, patent, or trade secret protections
- Uses copyrighted music, images, or videos without appropriate licenses or permissions
- Violates another person's intellectual property rights
Privacy Violations
- Contains personally identifiable information of others without consent
- Violates another person's privacy or publicity rights
- Includes medical, financial, or sensitive personal information without consent
- Shares photos or videos of individuals without appropriate permission
Spam and Deceptive Content
- Constitutes spam, unsolicited advertising, or commercial solicitation
- Contains misleading, deceptive, or fraudulent information
- Promotes get-rich-quick schemes or financial scams
- Includes phishing attempts or social engineering
- Spreads misinformation or disinformation
Malware and Security Threats
- Contains viruses, malware, trojans, worms, or other harmful code
- Attempts to inject code or compromise system security
- Includes links to malicious software or phishing sites
Self-Harm and Suicide Content
- Promotes, encourages, or provides instructions for self-harm or suicide
- Contains methods or guidance for suicide or self-injury
- Glorifies or romanticizes suicide or self-harm
Memorial-Specific Violations
- Disrespects, mocks, or trivializes the deceased
- Uses a memorial to promote unrelated commercial interests
- Impersonates the deceased or misrepresents their identity
- Creates false or misleading memorials
- Vandalizes or defaces existing memorials
4. Prohibited Activities
In addition to prohibited content, you agree not to engage in the following activities:
Automated Access and Scraping
- Use bots, crawlers, scrapers, or automated systems to access Obitley without authorization
- Collect or extract data from the platform without permission
- Attempt to reverse-engineer or bypass security measures
- Circumvent access restrictions or rate limits
Unauthorized Access
- Attempt to gain unauthorized access to accounts, systems, or networks
- Use another person's account or credentials
- Hack, exploit vulnerabilities, or access systems without permission
- Brute-force passwords or bypass authentication mechanisms
System Interference
- Interfere with, disrupt, or overload Obitley servers or services
- Conduct denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
- Circumvent firewalls, proxies, or security controls
- Disrupt or interfere with other users' access to the platform
Impersonation and Fraud
- Impersonate any individual, organization, or entity
- Misrepresent your identity, affiliation, or authority
- Create fake accounts or credentials
- Engage in fraud, scams, or financial exploitation
Unauthorized Commercial Use
- Use Obitley for commercial purposes without explicit authorization
- Resell, redistribute, or commercially exploit platform content
- Conduct business transactions without approval
- Use the platform for multi-level marketing or pyramid schemes
Violation of Intellectual Property
- Circumvent copyright protection measures
- Violate Obitley's intellectual property rights
- Reproduce or distribute proprietary content without permission
Data Mining and Privacy Violations
- Collect personal information about users without consent
- Monitor or track user activity without authorization
- Stalk, harass, or surveil other users
5. User Responsibilities
By using Obitley, you represent and warrant that:
Content Rights and Permissions
- You own or have obtained all necessary rights, licenses, and permissions for any content you submit
- Your content does not infringe upon any third-party intellectual property, privacy, publicity, or other rights
- You have obtained appropriate permissions from individuals depicted in photos, videos, or audio recordings
- For business users: you have authority to represent your business and upload their content
Content Accuracy
- All information in memorials and obituaries is accurate and truthful to the best of your knowledge
- You take responsibility for the appropriateness and legality of your content
- You understand that content may be permanent and accessible indefinitely
Account Security
- You maintain confidentiality of your account credentials
- You are responsible for all activity on your account
- You report any unauthorized access or security breaches immediately
Respectful Engagement
- You treat other users, families, and the deceased with respect and dignity
- You understand the emotional sensitivity of memorials
- You comply with all applicable laws and regulations
6. Content Moderation and Enforcement
Moderation Rights
Obitley reserves the right to, at its sole discretion:
- Review, flag, moderate, or remove any content violating this AUP
- Disable or restrict access to content
- Suspend or terminate user accounts
- Investigate violations and preserve evidence
- Cooperate with law enforcement
Removal Process
- Violations may result in immediate removal without notice
- Users may request removal of their own content
- Removal requests are typically processed within 5-10 business days
- Blockchain-archived content cannot be removed due to immutability
No Liability for Moderation
Obitley is not liable for:
- Removal, blocking, or filtering of content
- Delays in content moderation
- Failure to detect or remove violating content
- Actions taken in response to user reports
7. Enforcement and Consequences
Violation Consequences
Violations of this AUP may result in:
Progressive Enforcement (typical approach)
- Warning: Notification of policy violation with opportunity to correct
- Content Removal: Offending content is removed from the platform
- Account Restriction: Limited functionality or posting restrictions
- Temporary Suspension: Account suspended for 24 hours to 30 days
- Permanent Termination: Account closure and data deletion
Immediate Enforcement (for severe violations)
Obitley may immediately suspend or terminate accounts for:
- CSAM or content exploiting minors
- Repeated or egregious violations
- Illegal activity or criminal conduct
- Threats of violence or harm
- Systematic harassment or abuse
Right to Legal Action
Obitley reserves the right to pursue legal action and cooperate with law enforcement for violations of laws or this AUP.
No Appeal Guarantee
While users may appeal content moderation decisions, Obitley is not obligated to reverse removals or reinstate accounts.
8. Reporting Violations
How to Report
If you encounter content or behavior violating this AUP, please report it to:
Obitley Violations Team
Email: violations@obitley.com
In-App Reporting: Use the "Report" button on any content or profile
Mailing Address: PO Box 25094, Farmington, NY 14425
Report Information
To assist us, include:
- Specific content or user involved
- Link to the violating content
- Description of the violation
- Screenshots or evidence (if possible)
- Your contact information (optional but helpful)
Confidentiality
Reports are handled confidentially. Obitley will not disclose reporter identity unless required by law.
9. Blockchain and Immutable Content
Future Blockchain Integration
Obitley plans to offer blockchain archival services in future development phases. Users should be aware:
Current Status (MVP Phase)
- Blockchain integration is not currently available
- All content is stored in conventional databases
- Users can request deletion of their content
Upon Blockchain Implementation (Future)
- Users will opt-in to blockchain archival
- Blockchain-archived content becomes immutable and permanent
- Content cannot be removed once archived on blockchain
- Obitley will provide clear warnings before archival
Implications for This AUP
- Users should take extra care to ensure content complies with this AUP before opting for blockchain archival
- Violating content cannot be removed if blockchain-archived
- Blockchain archival subjects users to enhanced responsibility for content accuracy and legality
10. Indemnification
You agree to indemnify, defend, and hold harmless Obitley, its officers, directors, employees, and agents from any claims, damages, losses, or costs (including reasonable attorneys' fees) arising from:
- Your violation of this AUP or Obitley's Terms of Service
- Your submission of content to Obitley
- Your use of the platform in violation of applicable laws
- Infringement of third-party rights by your content
- Any unauthorized or illegal activity on your account
11. Third-Party Content and Users
Obitley is not responsible for:
- Content posted by other users
- Accuracy or legality of user-submitted information
- Actions or statements of third parties
- External links or third-party websites
However, Obitley actively moderates and enforces this AUP to maintain a safe, respectful community.
12. Changes to This Policy
Obitley may update this AUP at any time. We will notify users of material changes by:
- Posting the updated policy on our website
- Updating the "Last Updated" date
- Sending email notification for significant changes
Your continued use of Obitley after policy changes constitutes acceptance.
13. Contact Us
Questions about this Acceptable Use Policy? Contact us:
Obitley Support Team
General Questions: support@obitley.com
Report Violations: Violations@obitley.com
Privacy Concerns: privacy@obitley.com
Mailing Address: PO Box 25094, Farmington, NY 14425
Contact Form: https://obitley.com/contact