array(1) {
  [0]=>
  string(156) "Grave of Mark Sandman. Mark Sandman was born on September 24, 1952 and died in Giardini del Principe, Palestrina, Italy due to Heart attack on July 3, 1999."
}
        
            array(1) {
  [0]=>
  string(174) "Grave of Bunk Johnson. Bunk Johnson was born on December 27, 1885 and died in 638 Franklin Street, New Iberia, Louisiana due to Lingering effects of a stroke on July 7, 1949."
}

Terms of Use

1.Our Services

The Original Tombstone Tourist (“TOTT”) is dedicated to encouraging the growth, development and distribution of educational and entertaining content, and to hosting the full content of these pages for the public free of charge. 

2. Privacy Policy

We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

3. Content We Host

  • You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
  • Our content is for general informational purposes only: Although we host a great deal of information that pertains to biographical and historical topics, this content is presented for general informational purposes only. 

4. Refraining from Certain Activities

Engaging in False Statements, Impersonation, or Fraud

  • Intentionally or knowingly posting content that constitutes libel or defamation;
  • With the intent to deceive, posting content that is false or inaccurate;
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
  • Engaging in fraud.

Committing Infringement

  • Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.

Misusing Our Services for Other Illegal Purposes

  • Using the services in a manner that is inconsistent with applicable law.

Engaging in Disruptive and Illegal Misuse of Facilities

  • Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
  • Disrupting the services by placing an undue burden on the website or the networks or servers connected with the website;
  • Disrupting the services by inundating any of the websites with communications or other traffic that suggests no serious intent to use the website for its stated purpose;
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
  • such actions do not unduly abuse or disrupt our technical systems or networks;
  • such actions are not for personal gain (except for credit for your work);
  • you do not undertake such actions with malicious or destructive intent.

5. Password Security

You are responsible for safeguarding your own password and should never disclose it to any third party.

6. Trademarks

It is important that, at TOTT, we protect our trademark rights. Because of this, we ask that you please respect our trademarks and copyrighted material. All TOTT trademarks belong to The Original Tombstone Tourist and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with standard accepted trademark laws.

  1. No revocation of license: you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to The Original Tombstone Tourist or features, even if you terminate use of our services.

For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work). 

If you are the owner of content that is being improperly used on one of the webpages without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at issues thetombstonetourist.com.org.

7. Third-party Websites and Resources

You are solely responsible for your use of any third-party websites or resources. Although the website contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

8. Disputes and Jurisdiction

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We hope that no serious disagreements arise involving you, but, in the event there is a dispute you wish to resolve by filing a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Essex County, Massachusetts. You also agree that the laws of the State of Massachusetts and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Essex County, Massachusetts, in any legal action or proceeding relating to us or these Terms of Use.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

9. Disclaimers

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At TOTT, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an “as is” and “as available” basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.

10. Limitation on Liability

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The Original Tombstone Tourist will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed two hundred fifty U.S. dollars (USD 250.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

11. Modifications to these Terms of Use

Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications when they become available. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of TOTT and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

12. Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, TOTT. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Project websites.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to TOTT.

These Terms of Use were written in English (U.S.). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

Thank You!

In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.