1. Acceptance of Terms

By accessing or using LastLastWord.com ("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.

2. Description of Service

Our Service allows users to create custom epitaph text overlaid on gravestone images, which can then be downloaded and shared. While the Service processes user input directly into downloadable images without pre-screening, we may review submissions after creation for potential inclusion in our curated gallery. The Service is provided for entertainment purposes only.

3. Age Restrictions

You must be at least 13 years of age to use this Service. If you are under 18, you must have parental consent to use the Service. By using the Service, you represent that you meet these age requirements.

4. User Responsibilities and Conduct

4.1 Content Creation

• You are solely responsible for all content you create, including text, images, and any derivatives thereof

• You acknowledge that your content is processed automatically without moderation or review

• You must not create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable

• You must not create content that infringes on intellectual property rights of others • You must not impersonate any person or entity

4.2 Prohibited Uses

You agree not to use the Service to:

• Violate any local, state, national, or international law

• Create content promoting hate speech, discrimination, or violence against individuals or groups • Harass, abuse, or harm another person

• Distribute spam or unsolicited communications

• Attempt to gain unauthorized access to the Service or related systems

4.3 Automatic Processing

• You understand that the Service operates automatically without content review

• You acknowledge that we have no opportunity to screen or moderate content before download

• You agree that your use of the Service is entirely at your own risk

5. Content Ownership and Licensing

5.1 Your Content

• You retain ownership of the text content you create

• By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to process your content through our automated system

• You grant us the right to display anonymized versions of your submissions in our curated gallery, with all personal identifying information removed, at no charge

• You represent that you have the right to grant these licenses

5.2 Downloaded Content

• Once you download generated images, you assume full responsibility for their use and distribution

• We have no control over, and assume no responsibility for, downloaded content

• We are not responsible for how you choose to use, modify, or distribute downloaded content

• You agree to hold us harmless for any consequences of your content distribution

6. Content Review and Curation

6.1 Automated Processing

• This Service processes content automatically without pre-screening before download

• We may review submissions after creation for potential inclusion in our curated gallery

• We have no obligation to review all submissions

6.2 User Acknowledgment

• You acknowledge that you are using an unmoderated service

• You understand that other users may create offensive or inappropriate content

• You agree that we cannot be held responsible for content created by other users

6.3 Curation and Public Display Rights

• We reserve the right, at our sole discretion, to select any submission for public display on our website

• This curation occurs after users have completed their downloads and does not affect the download process

• Selected submissions may be displayed in our curated gallery or other areas of our website without prior notice to you

• All personal identifying information, including real or fictitious names, will be removed from any publicly displayed content

• No compensation will be provided for submissions selected for public display

• Selection for display does not constitute endorsement of the content

• We may remove displayed content at any time without notice

7. Disclaimers and Limitations

7.1 Content Disclaimer

• We do not monitor, endorse, review, or control user-generated content

• We make no representations about the accuracy, reliability, appropriateness, or legality of any content

• Users' views expressed through the Service do not reflect our views or opinions

• We expressly disclaim any responsibility for content created by users 7.2 Service Availability

• The Service is provided "as is" without warranties of any kind

• We do not guarantee uninterrupted or error-free service

• We reserve the right to modify or discontinue the Service at any time

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from user-generated content

• We shall not be liable for any harm caused by content created, downloaded, or distributed by users

• Our total liability shall not exceed the amount you paid to use the Service (if any)

• We are not responsible for user-generated content, its accuracy, legality, or its distribution by users or third parties

• You use this unmoderated service entirely at your own risk

9. Content Removal and Account Termination

9.1 Limited Action Rights

• Due to the automated nature of our Service, we have no control over content once downloaded by users

• We maintain logs of submissions for curation and service operation purposes only

• We may suspend or terminate access to users who violate these Terms if we become aware of violations

• We may take these actions without prior notice

9.2 No Obligation to Monitor

• We have no obligation to monitor content or user behavior

• Any action we take regarding content or users is voluntary and does not create an ongoing duty

10. Digital Millennium Copyright Act (DMCA)

If you believe content infringes your copyright, please contact us with:

• Description of the copyrighted work

• Location of the infringing content (if still accessible)

• Your contact information

• Statement of good faith belief

• Statement of accuracy under penalty of perjury

Note: Due to our automated download system, we may have limited ability to address DMCA claims for downloaded content.

11. Privacy

Your use of the Service is subject to our Privacy Policy below, incorporated by reference into these Terms.

12. Indemnification

You agree to indemnify, defend, and hold us harmless from any and all claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service

• Content you create, download, or distribute

• Your violation of these Terms

• Your violation of any third party's rights

• Any harm caused by content you create or distribute

• Any legal action taken against us due to your use of the Service

13. Governing Law and Disputes

These Terms are governed by the laws of California. Any disputes will be resolved through binding arbitration in Los Angeles County, except for injunctive relief which may be sought in court.

14. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms. Material changes will be posted prominently on the Service.

15. Accessibility

We are committed to making our Service accessible to users with disabilities and strive to comply with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you encounter accessibility barriers while using our Service, please contact us at tridacticmedia@gmail.com so we can work to address the issue.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

17. Contact Information

For questions about these Terms, contact us at: 

tridacticmedia@gmail.com

Tridactic, Inc. d/b/a New Twist Press, 2029 Verdugo Blvd., Suite 212, Montrose, CA 91020

 

By using this Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You specifically acknowledge that this is an unmoderated, automated service and that you use it entirely at your own risk.