Terms of Service

1. Acceptance of Terms

By accessing or using placeanobit.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Citizen Publishing Corporation ("we", "us", "our").

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are 18 years or older.

2. Description of Service

Place An Obit is an online platform that allows users to create, preview, and submit obituaries for publication in partner newspapers.

Our Service includes:

• Online obituary creation and editing tools
• Optional AI-assisted writing powered by Anthropic's Claude
• Photo upload and cropping capabilities
• PDF preview of formatted obituaries
• Selection of publication newspapers and dates
• Secure payment processing
• Submission to partner newspapers for publication

The final publication appears in the partner newspapers you select. We facilitate the submission process but do not control the newspapers' printing and distribution.

3. User Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the confidentiality of your password and account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account
• Create only one account per person or organization

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

4. User Responsibilities

When using our Service, you agree to:

• Provide accurate information: All information about the deceased must be truthful and accurate
• Ensure proper authority: You must have the legal right and authority to submit the obituary (as family member, authorized representative, or funeral home)
• Review and approve proofs: Carefully review the obituary proof before approving for publication
• Meet payment deadlines: Pay applicable fees before the publication deadline
• Respect copyright: Only upload photos and content you own or have permission to use
• Comply with laws: Use the Service in compliance with all applicable laws and regulations

No Duty to Investigate

Citizen Publishing Corporation has no duty to investigate, verify, or confirm:

• A user's authority to submit obituary content
• A user's identity or relationship to the deceased
• The accuracy of any claims or information provided
• Whether proper permissions have been obtained from family members or other parties
• The authenticity or ownership of uploaded photographs
• Whether there are competing claims to the right to publish

Users bear sole responsibility for ensuring they have proper authority and that all submitted information is accurate, truthful, and lawful. We are a technology platform that facilitates user-submitted content and are not responsible for verifying the legitimacy or accuracy of submissions.

5. Content Guidelines

Prohibited Content

Users may NOT submit content that:

• Contains false, misleading, or materially inaccurate information
• Includes hate speech, discrimination, harassment, or offensive material
• Is defamatory, libelous, or slanderous toward any person or entity
• Violates any person's privacy rights or publicity rights
• Infringes on intellectual property rights (copyright, trademark, etc.)
• Contains profanity, obscenity, or sexually explicit material
• Is inappropriate for publication in a family newspaper
• Violates any applicable local, state, federal, or international law
• Contains political campaign material or commercial advertising

Our Rights

We reserve the right to:

• Refuse to publish any obituary at our sole discretion
• Edit content for length, grammar, spelling, or appropriateness
• Remove content that violates these guidelines
• Suspend or terminate accounts that repeatedly violate content guidelines
• Report illegal content to appropriate authorities

Note: Minor edits for grammar and formatting do not require additional approval. Substantive changes will be communicated to you.

6. AI-Assisted Writing Disclosure

We offer optional AI-assisted obituary writing powered by Anthropic's Claude artificial intelligence technology.

How AI Assistance Works

• The AI feature is completely optional - you may write obituaries manually without using AI
• AI-generated content is a draft for your review, not a final product
• The AI uses information you provide to generate suggested obituary text
• Your information is sent to Anthropic's Claude API for processing

Your Responsibility

YOU are fully responsible for reviewing, editing, and approving all content, whether AI-generated or manually written.

• You must carefully review all AI-generated content for accuracy
• You must verify all facts, dates, names, and biographical information
• You must ensure the tone and content are appropriate
• The final approved obituary is entirely your responsibility

We are not responsible for any inaccuracies, errors, or inappropriate content in AI-generated drafts that you approve for publication.

7. Photos and Images

When uploading photos to our Service:

• Rights required: You must own the copyright or have explicit permission to use any uploaded photos
• License granted: By uploading, you grant us a non-exclusive license to reproduce, format, crop, and publish the photo as part of the obituary
• Formatting adjustments: Photos may be cropped, resized, or adjusted to meet newspaper printing specifications
• Print quality: We will make reasonable efforts to maintain photo quality, but print reproduction may vary
• Prohibited images: Do not upload inappropriate, copyrighted, or unlicensed images

8. Pricing and Payment

How Pricing Works:

• Prices are calculated based on column inches (length of obituary) and selected newspaper rates
• The total price is displayed before you proceed to payment
• Prices vary by newspaper and may include additional fees for photos or special formatting
• All prices are in United States Dollars (USD)

Payment Processing:

• Payment is processed securely through Stripe, a third-party payment processor
• We accept major credit cards and other payment methods supported by Stripe
• Payment must be completed before the publication deadline
• A receipt will be emailed to you upon successful payment

Prices are subject to change. The price quoted at checkout is the price you pay.

9. Refund Policy

Refunds are available ONLY if requested before the publication deadline.

Refund Eligibility

• ✓ Eligible: Cancellation requested before the publication deadline (typically Tuesday at noon, but varies by newspaper and holidays)
• ✗ NOT Eligible: Cancellation requested after the publication deadline has passed
• ✗ NOT Eligible: Cancellation requested after the obituary has been published
• ✗ NOT Eligible: Changes of mind after approving the final proof

To Request a Refund

Contact us immediately at 507-831-3455 or trevors@windomnews.com if you need to cancel.

10. Publication Process

How Publication Works:

• After payment, we submit your approved obituary to the selected newspaper(s)
• Publication dates depend on newspaper schedules and deadlines
• Most obituaries require submission by Tuesday at noon for the following week's publication (specific deadlines vary by newspaper and may be affected by holidays)
• You will receive confirmation when the obituary is submitted to the newspaper

Important Limitations

• Proof review is your responsibility: You must carefully review the PDF proof before approving
• Newspaper printing is beyond our control: We are not responsible for printing errors made by the newspaper
• Deadline compliance: Late submissions may miss publication dates
• Newspaper final authority: Newspapers reserve the right to refuse publication for any reason

11. Limitation of Liability

You approve all content before publication. By approving the obituary proof, you confirm that all information is accurate and appropriate for publication.

We Are NOT Liable For:

• Errors or inaccuracies in user-provided information
• Content in obituaries that you reviewed and approved
• AI-generated content that you reviewed, edited, and approved
• Newspaper printing errors beyond our control
• Missed publication deadlines due to late submission or payment
• Technical issues, service interruptions, or website downtime
• Decisions by newspapers to refuse or edit obituaries
• Third-party actions (payment processors, email providers, newspapers)

Maximum Liability

Our maximum liability to you for any claims related to the Service is limited to the amount you paid for the specific obituary in question.

No Consequential Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or emotional distress.

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Citizen Publishing Corporation, its officers, directors, employees, agents, and partners from any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Unauthorized submission of obituary content: Including submissions made without proper authority or legal right
• Disputes among family members: Regarding obituary content, who has authority to publish, or disagreements about what should be included
• Privacy claims: From persons mentioned in the obituary who did not consent or whose privacy rights were violated
• Inaccurate or defamatory information: In submitted content, including false statements, misleading information, or defamatory material
• Unauthorized use of photographs: Including photos used without permission from the photographer or persons depicted
• Your use of the Service: Any manner in which you access or use placeanobit.com
• Content you submit or approve for publication: All obituary content, text, images, and other materials you provide
• Your violation of these Terms: Any breach of these Terms of Service
• Your violation of any third-party rights: Including intellectual property rights, privacy rights, publicity rights, or any other legal rights
• Any false or inaccurate information you provide: In your account, in obituary content, or in communications with us

This indemnification obligation survives termination of your account or these Terms and applies regardless of whether the claim arises during or after your use of the Service.

Note: This indemnification obligation is in addition to those described in our Privacy Policy. Both apply to your use of the Service.

13. Intellectual Property

Our Property

The placeanobit.com website, software, design, logos, and Service features are owned by Citizen Publishing Corporation and protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of the obituary content you create. However, by submitting content through our Service, you grant us a non-exclusive, worldwide, royalty-free license to:

• Store, process, and format your content
• Publish your obituary in selected newspapers
• Display your content as part of the Service

14. Account Termination

Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Provide false or misleading information
• Submit prohibited or inappropriate content
• Engage in fraudulent activity
• Violate applicable laws

Termination by You

You may close your account at any time by contacting us. Account closure does not:

• Entitle you to refunds for completed services
• Remove already-published obituaries (they remain in the public historical record)
• Affect your obligations under these Terms

15. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.

Jurisdiction and Venue

Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Cottonwood County, Minnesota. You consent to the personal jurisdiction of these courts.

Waiver of Jury Trial

You waive your right to a jury trial in any legal proceedings related to these Terms or the Service.

No Class Actions

You agree to bring claims only in your individual capacity and not as part of any class action, collective action, or representative proceeding.

Informal Resolution

Before filing any legal claim, you agree to contact us to attempt to resolve the dispute informally.

Binding Arbitration

Agreement to Arbitrate

You and Citizen Publishing Corporation agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Service shall be resolved exclusively through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights.

Arbitration Rules

Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Cottonwood County, Minnesota, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Actions

Waiver of Jury Trial

Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim falls within that court's jurisdiction and proceeds on an individual (non-class) basis.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to trevors@windomnews.com within 30 days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and Citizen Publishing Corporation agree to submit to the exclusive jurisdiction of state and federal courts in Cottonwood County, Minnesota.

Severability of Arbitration Provision

If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason, the unenforceable portion shall be severed, and the remaining portions of the arbitration agreement shall remain in full force and effect.

Costs and Fees

Each party shall bear its own costs and attorneys' fees in arbitration, except that the arbitrator may award costs and fees to the prevailing party if permitted by law. If required by applicable law, we will pay your filing, administration, and arbitrator fees.

16. Force Majeure

We are not liable for any delay or failure to perform our obligations under these Terms caused by events beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, severe weather, or emergencies: Including hurricanes, floods, earthquakes, fires, or other catastrophic events
• Government actions, laws, regulations, or orders: Including embargoes, restrictions, or government shutdowns
• Labor disputes, strikes, or work stoppages: Affecting our operations or those of our service providers
• Failure of third-party services: Including but not limited to Stripe (payment processing), Anthropic (AI services), Postmark (email delivery), or newspaper printing systems
• Internet or telecommunications failures: Including ISP outages, network disruptions, or communication infrastructure failures
• Power outages or equipment failures: Including hardware failures, data center outages, or infrastructure problems
• Cyber attacks, hacking, or security breaches: Beyond our reasonable control, including DDoS attacks, malware, or unauthorized access attempts
• Pandemics, epidemics, or public health emergencies: Including quarantines, lockdowns, or health-related restrictions

In the event of a force majeure occurrence, our obligations under these Terms will be suspended for the duration of the force majeure event. We will make reasonable efforts to resume normal service as soon as practicable.

If a force majeure event continues for more than 30 days, either party may terminate the affected service obligation. You will not be charged for services not rendered due to force majeure, but fees for completed services remain due.

17. Changes to These Terms

We may update these Terms from time to time. When we make changes:

• The "Last Updated" date at the top will be revised
• The updated Terms will be posted on this page
• Material changes will be communicated via email to registered users

Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of law, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed from these Terms. The remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Citizen Publishing Corporation regarding the Service and supersede all prior agreements, understandings, and communications.

20. Contact Information

If you have questions about these Terms of Service or need assistance with the Service, please contact us: