Terms of Service
These Terms of Service explain the rules that govern use of the Jam Band Graveyard website, including submissions, The Luminary Field, moderation, content removal, copyright reporting, and other site-related rights and responsibilities.
These Terms of Service (“Terms”) govern your use of the Jam Band Graveyard website and any content, features, forms, submissions, interactive experiences, and services made available through it, including The Luminary Field (the “Site”). By accessing or using the Site, placing a luminary, submitting content, using a Site feature, or otherwise interacting with Jam Band Graveyard (“JBG,” “we,” “us,” or “our”), you agree to these Terms.
If you do not agree to these Terms, please do not use the Site.
1. Who We Are
Jam Band Graveyard is an Illinois nonprofit corporation recognized by the IRS as tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Our work serves the national jam band community through death, dying, and loss, including through tribute and storytelling, funeral consumer rights education, remembrance projects, and curated grief resources.
This Site is one of the ways we carry out that work.
2. Eligibility and Acceptable Use
You may use this Site only in compliance with these Terms and applicable law.
By using the Site, placing a luminary, or submitting content, you represent that:
- you are at least 18 years old, or you are using the Site and submitting content with the permission and involvement of a parent or legal guardian;
- the information you provide is accurate and complete to the best of your knowledge; and
- you will use the Site respectfully and in a manner consistent with its purpose.
The Site is not directed to children under 13. The Luminary Field is intended for use by people age 13 and older. Visitors under 13 should not submit names or other identifying information through The Luminary Field. If you are under 13 and wish to use The Luminary Field, please do so with a parent or guardian and do not submit a name or identifying text for public display.
You agree not to:
- interfere with or disrupt the security, integrity, or operation of the Site;
- attempt to gain unauthorized access to the Site, its systems, databases, administrative tools, or other users’ information;
- submit unlawful, infringing, defamatory, abusive, harassing, fraudulent, misleading, exploitative, or invasive content;
- submit content that violates another person’s privacy, publicity, copyright, trademark, confidentiality, or other rights;
- impersonate another person or misrepresent your relationship to a person being remembered;
- use the Site in a way that could harm JBG, contributors, visitors, donors, people being remembered, or the integrity of the remembrance space;
- scrape, harvest, bulk query, republish, exploit, or misuse Site content, Luminary Field records, submission materials, or database-accessible information; or
- bypass, probe, defeat, interfere with, or attempt to reverse engineer Site security, moderation systems, database rules, spam protections, rate limits, or other technical safeguards.
3. Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, retain, and share information.
If you submit a tribute, story, photo, form response, Luminary Display Text, donation-related communication, feedback, correction request, privacy request, or other content or information to us, we may retain contact information, submission history, response history, correspondence, moderation records, and related administrative records for purposes including review, publication, communication with you, recordkeeping, legal compliance, safety, and protection of the Site and community.
The Luminary Field has specific privacy rules. Private ether messages are not submitted to JBG, are not received by JBG, and are not stored by JBG. If you type a name or similar identifying text in The Luminary Field but do not check the box to submit it for review for possible public display, that text is discarded and is not submitted to JBG.
4. Changes to These Terms
We may update these Terms from time to time. If we do, we will post the revised version on this page and update the Effective Date or Last Updated date above.
The updated Terms will apply to your use of the Site going forward. If you continue to use the Site after revised Terms become effective, you agree to the updated Terms.
5. Submitting Content
What counts as Submitted Content
“Submitted Content” means content, materials, files, text, images, stories, feedback, form responses, comments, updates, corrections, messages, photos, media, or other information that you intentionally submit, send, upload, or provide to JBG through the Site, by email, through Google Forms or similar tools, or through another JBG-approved submission channel.
Submitted Content may include, for example:
- tribute submissions;
- “Share About Who You Miss” submissions;
- stories, memories, captions, photos, or other media;
- submission feedback;
- correction, update, or removal requests;
- information provided through Google Forms or similar third-party form tools;
- communications you send to JBG; and
- Luminary Display Text, as defined below.
Submitted Content does not include private ether messages in The Luminary Field, because those messages are not sent to JBG and are not stored by JBG.
Submitted Content also does not include a name or similar identifying text typed into The Luminary Field if you do not check the box to submit that text for review for possible public display.
What you are confirming when you submit
If you submit Submitted Content to JBG, you represent and warrant that:
- you are the author of the Submitted Content, or you otherwise have all rights, permissions, and authority necessary to submit it and allow JBG to use it as described in these Terms;
- any photos, images, text excerpts, files, or other materials submitted by you are yours to share or are used with permission;
- to the best of your knowledge, the Submitted Content is truthful and reflects your honest recollection, perspective, or experience;
- the Submitted Content does not infringe or violate any copyright, trademark, privacy, publicity, confidentiality, or other rights of any person or entity;
- the Submitted Content does not include personal, private, or sensitive information about a living person in a way that is unlawful, nonconsensual, or unreasonably intrusive;
- the Submitted Content does not include highly private records, detailed treatment history, private contact information, financial details, legal documents, or other information that would not be appropriate to publish or share with JBG unless it is necessary and appropriate to your submission, concern, or request; and
- the Submitted Content complies with these Terms and our Community Ethics.
Because JBG is a memorial and educational site, some tribute submissions or “Share About Who You Miss” submissions may include limited health-related or cause-of-death information when it is part of the story you choose to share. Please use care when sharing private details, especially details about living people.
Review and publication
We review submissions before publication or public display. We may accept, decline, delay, request clarification about, redact, restrict, or remove any submission in our discretion.
We may make limited edits for formatting, grammar, accessibility, clarity, length, or alignment with our Community Ethics. We will not intentionally alter the substance or meaning of a tribute without a substantial reason to do so, and where appropriate we may contact you before publishing material changes.
Submission does not guarantee publication, display, continued display, or inclusion in any particular part of the Site.
6. Ownership of Submitted Content and License to JBG
You retain ownership of the content you submit.
You keep ownership of everything you submit. The paragraphs below establish the permissions JBG needs to review, publish, display, preserve, moderate, and administer submissions as part of its work.
By submitting content to JBG for publication, public display, review, or use in connection with JBG’s mission, you grant JBG a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, adapt solely for technical, accessibility, moderation, or display purposes, publish, publicly display, distribute, archive, maintain, and share that content in connection with JBG’s mission and services, including on the Site, in JBG newsletters, through JBG’s official social media channels, and through similar nonprofit outreach communications.
This license allows us to review, publish, display, archive, maintain, moderate, and communicate your submission as part of our work.
For feedback, correction requests, privacy concerns, removal requests, and other communications not intended for publication, you give JBG permission to receive, store, review, use, copy, share internally, and respond to that information as reasonably necessary to evaluate the matter, communicate with you, manage the Site, document decisions, comply with legal obligations, and protect the Site and community.
For Luminary Display Text, you grant JBG a non-exclusive, worldwide, royalty-free license to host, store, review, moderate, approve, decline, display, remove, archive, migrate, format, and otherwise use that text as reasonably necessary to operate, maintain, preserve, moderate, and display The Luminary Field.
This license does not apply to private ether messages or unchecked name-field text because those are not submitted to JBG.
Unless otherwise agreed in writing, the license for Submitted Content continues until the Submitted Content is removed from JBG-controlled channels, except that:
- JBG may retain archival, backup, administrative, and legally required copies;
- JBG may retain records reasonably necessary to document permissions, disputes, moderation decisions, removal history, or compliance actions;
- content already included in previously distributed newsletters, social posts, cached pages, backups, archives, or similar materials may not be fully retractable; and
- Luminary Field records may be retained, archived, migrated, modified, or removed as described in these Terms and the Privacy Policy.
If you request anonymity and we agree to publish your submission anonymously, we will omit your name from the public-facing post, but we may retain your identity and contact information internally.
7. Anonymous Submissions
If you ask for your submission to be posted anonymously, we will make reasonable efforts to honor that request in the version of the content published by JBG.
Anonymous publication does not mean anonymous communication with us. We may retain your identifying information internally for review, follow-up, recordkeeping, moderation, safety, and legal or administrative reasons.
For The Luminary Field, you may place a luminary without submitting a name for public display. If you do not check the public-display review box, any name or similar identifying text typed into the name field is discarded and is not submitted to JBG.
8. The Luminary Field
The Luminary Field is an interactive remembrance feature that allows visitors to place virtual luminaries. It is designed as a public remembrance space.
When you place a luminary, the luminary may appear in the field for other visitors to see.
You may place a luminary without submitting a name for public display. If you type a name, nickname, initials, pet name, or similar brief identifying text but do not check the box to submit it for review for possible public display, that text is discarded and is not submitted to JBG.
If you affirmatively choose to submit a name, nickname, initials, pet name, or similar brief identifying text for review for possible public display with a luminary, that text is “Luminary Display Text” under these Terms.
By submitting Luminary Display Text, you represent that:
- you have the right to submit it;
- it does not violate these Terms, our Community Ethics, or applicable law;
- it does not violate the rights, privacy, dignity, or safety of another person;
- it does not include private contact information, abusive text, misleading text, impersonation, or invasive information about a living person; and
- it is appropriate for a public remembrance space.
JBG may approve, decline, remove, redact, restrict, or decline to display any Luminary Display Text at any time, with or without notice, if we believe doing so is appropriate in light of our mission, Community Ethics, privacy concerns, moderation needs, technical needs, legal obligations, site integrity, or the integrity of The Luminary Field.
Submission of Luminary Display Text does not guarantee that it will be displayed, remain displayed, or be displayed in any particular way or for any particular length of time.
Private ether messages are not Submitted Content. They are not submitted to JBG, are not received by JBG, and are not stored by JBG. JBG cannot retrieve, review, edit, delete, publish, recover, or respond to private ether messages.
9. The Luminary Field Database and Prohibited Misuse
The Luminary Field uses a Firebase Realtime Database to display luminaries to visitors. The records stored in that database contain only: virtual field coordinates, which are internal rendering values with no real-world geographic meaning; the timestamp of when a luminary was placed; a public-display preference flag; a moderation or approval status flag; and, only if a visitor affirmatively checked the box, a name, nickname, initials, pet name, or similar brief identifying text.
Because the database is publicly readable so that luminaries can appear to all visitors, these records may be directly accessible to anyone who knows JBG’s Firebase project URL, which is present in the page source as part of normal web application operation.
This public read access is part of the feature’s current design. It is not permission for visitors or third parties to misuse the data.
You agree not to:
- scrape, harvest, bulk query, copy, republish, exploit, or misuse Luminary Field records or the underlying database;
- attempt to modify, delete, overwrite, interfere with, or corrupt Luminary Field records except through ordinary Site functionality;
- bypass, probe, defeat, or interfere with database security rules, moderation tools, rate limits, spam protections, or other technical safeguards;
- use Luminary Field records to identify, contact, profile, harass, target, exploit, or harm visitors, submitters, families, people being remembered, or others;
- submit spam, abusive text, misleading text, impersonation, private contact information, or content that invades the privacy of living people; or
- use The Luminary Field in a way that harms JBG, visitors, contributors, people being remembered, or the integrity of the remembrance space.
JBG may investigate, restrict, block, report, or take other action in response to suspected misuse of The Luminary Field, the Site, or any related database, system, or feature.
10. Adding to or Updating a Tribute
If you would like to add to or update a tribute after publication, contact us at tributes@jambandgraveyard.org.
We will review requests for additions, updates, or corrections with care, but we cannot guarantee that every requested change will be made exactly as requested or on any particular timeline.
11. Removal Requests
Requests from the original submitter
If you submitted content and want it removed, contact us at tributes@jambandgraveyard.org or support@jambandgraveyard.org. We will review your request and work with you directly where appropriate.
Requests from family members or other third parties
We recognize that memorial content can involve grief, conflict, privacy concerns, and differing perspectives. If a family member or other affected person requests that content be removed, revised, redacted, or restricted, we may review the request and take whatever action we believe is appropriate in light of the circumstances, our mission, the rights and dignity of those involved, and our legal obligations.
We do not guarantee any particular outcome, response time, or process for third-party removal requests.
Luminary Field removal requests
If you want JBG to review removal of a Luminary Field entry, contact support@jambandgraveyard.org or legal@jambandgraveyard.org and include as much information as possible, such as:
- the approximate date and time the luminary was placed;
- the timezone you were in when you placed it;
- the submitted name, nickname, initials, pet name, or identifying text, if any; and
- any other details that may help us identify the entry.
JBG will make reasonable efforts to locate and review the entry. However, if a luminary was placed without a name or similar identifying text, or if multiple unnamed luminaries were placed around the same time, JBG may not be able to identify the specific luminary with certainty.
Private ether messages cannot be removed, retrieved, reviewed, or edited by JBG because they are not submitted to JBG or stored by JBG.
JBG’s right to act
JBG may decline to publish, remove, redact, restrict access to, preserve, archive, migrate, modify, or otherwise act on any content, Luminary Field entry, Luminary Display Text, submission, form response, or related record at any time, with or without notice, if we believe the content or record:
- violates these Terms or our Community Ethics;
- creates legal risk;
- infringes intellectual property or other rights;
- invades privacy or exposes sensitive personal information;
- is misleading, defamatory, abusive, exploitative, or otherwise harmful;
- creates technical, moderation, safety, or site-integrity concerns; or
- is inconsistent with the purpose, safety, integrity, or values of the Site.
12. Community Ethics
Jam Band Graveyard is built on honesty, respect, and care for one another. Our Community Ethics describe the values and participation expectations that guide use of the Site and apply to Submitted Content, Luminary Display Text, and other participation on the Site.
We ask contributors and visitors to:
- be truthful about what they know and have experienced;
- be respectful of the person being remembered, the people who loved them, and others in this community;
- be mindful of privacy, especially when referring to living people;
- avoid submitting private details that are not appropriate for publication or public display; and
- keep submissions relevant to honoring and remembering a specific person, pet, or experience within this community.
We may decline to publish, decline to display, remove, redact, restrict, or otherwise act on content that we believe is false, defamatory, abusive, harassing, invasive of privacy, infringing, exploitative, misleading, or otherwise inconsistent with these Terms, our mission, or our Community Ethics.
13. Photos, Files, and Media
Photos, uploaded files, and other media submitted to JBG must be materials you own or have the right to share.
By submitting photos, files, or media, you confirm that you have the rights and permissions needed for JBG to use them under these Terms.
We may resize, crop, compress, format, convert, or otherwise adapt submitted media for technical, display, accessibility, moderation, preservation, or layout purposes, so long as we do not intentionally misrepresent the substance of the submission.
If a form allows file uploads, uploaded files may include metadata or identifying information depending on the file. Please review files before uploading them and avoid submitting private information about living people unless appropriate.
Unless we say otherwise, any upload limits, formatting rules, submission instructions, form instructions, or on-page notices posted on the Site are incorporated into these Terms.
14. Google Forms and Third-Party Submission Tools
JBG may use Google Forms or similar third-party form tools to collect “Share About Who You Miss” submissions, submission feedback, corrections, contact information, privacy concerns, or other Site-related information.
When you submit information through a Google Form or similar third-party tool used by JBG, you are submitting that information to JBG through that provider’s platform. JBG may review, store, export, manage, and respond to those submissions through Google Forms, Google Drive, Google Sheets, Google Workspace, or similar tools.
JBG’s current Google Forms are configured to collect only the information requested in the form and freely provided by the person submitting it, including any files the person chooses to upload if a form allows file uploads. JBG does not configure its Google Forms to collect additional hidden information beyond the responses and files submitted through the form.
Google Forms, Google Drive, Google Sheets, Google Workspace, and similar tools are provided by third parties and may be subject to those providers’ own terms and privacy practices.
The Google Form submission or feedback process is separate from The Luminary Field. The Luminary Field’s private ether messages and unchecked name fields are not transmitted to JBG or stored by JBG.
15. Donations
JBG may accept donations through third-party donation, payment-processing, donor-management, or fundraising platforms.
If you make a donation, your donation may be subject to the terms, privacy practices, processing rules, and fees of the third-party platform or payment processor used to process the donation.
JBG does not store full payment-card numbers on the Site. JBG does not sell, trade, rent, or share donor lists with other organizations for their fundraising or marketing purposes.
JBG does not publicly identify donors without their permission.
Nothing on the Site is tax, financial, legal, or accounting advice. Please consult your own advisor if you have questions about the tax treatment of a donation.
16. Intellectual Property
Except for Submitted Content owned by users, the Site and its contents, including JBG-created text, graphics, branding, logos, compilations, design elements, original organizational materials, visual arrangements, and Site features, are owned by JBG or its licensors and are protected by applicable intellectual property laws.
These Terms do not give you any ownership rights in the Site or JBG content. Except as permitted by law or by our written permission, you may not copy, reproduce, distribute, modify, publicly display, create derivative works from, exploit, or use JBG-owned content for commercial, misleading, abusive, or unauthorized purposes.
The existence of public-facing Site content, public tribute pages, public Luminary Field records, or database-readable Luminary Field records does not grant permission to scrape, harvest, bulk copy, republish, commercially exploit, or misuse that content or those records.
17. Copyright Complaints and DMCA Policy
This section explains what to do if you believe someone has posted your copyrighted material on this Site without permission, and what happens if content you submitted is removed in response to a copyright claim.
JBG respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that material available on the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to JBG’s designated copyright agent.
Designated Agent
Please send DMCA notices and counter-notifications to:
Copyright Manager
Jam Band Graveyard
8601 W Bryn Mawr Avenue, Suite 101
Chicago, IL 60631
Telephone: (312) 547-9499
Email: legal@jambandgraveyard.org
JBG intends for this designated agent information to be made available on the Site in a location accessible to the public and maintained as required for applicable DMCA purposes.
What to Include in a Copyright Notice
To help us process your claim, your notice should include substantially all of the following:
- your physical or electronic signature;
- identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by one notice, a representative list of those works;
- identification of the specific material on the Site that you claim is infringing or is the subject of infringing activity, including the URL or other information reasonably sufficient for us to locate it;
- your name, address, telephone number, and email address;
- a statement 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 your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may request additional information where needed to evaluate or process a notice.
What JBG May Do Upon Receipt of a Notice
Upon receipt of a notice that we believe substantially complies with applicable law, JBG may remove or disable access to the material identified in the notice and may take any other action we believe appropriate under the circumstances.
Where appropriate, we may notify the user who submitted or posted the material. JBG may also forward the notice, including the complainant’s contact information, to the person who submitted the material or otherwise controls it.
Counter-Notification Procedure
If you believe that material you submitted to the Site was removed or disabled by mistake or misidentification, you may send a written counter-notification to JBG’s designated copyright agent.
To be effective, a counter-notification must include substantially all of the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled;
- a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, the United States District Court for the Northern District of Illinois, and that you will accept service of process from the person who submitted the original copyright notice or that person’s agent.
Response to a Counter-Notification
If we receive a counter-notification that we believe substantially complies with applicable law, we may provide a copy of it to the person who submitted the original copyright notice and inform that person that we may restore the removed material or cease disabling access to it.
Unless our designated agent first receives notice that the complaining party has filed a court action seeking to restrain the allegedly infringing activity, JBG may restore the material or cease disabling access to it not less than 10 business days and not more than 14 business days after receipt of a substantially compliant counter-notification.
Repeat Infringer Policy
JBG has adopted a policy of restricting or terminating, in appropriate circumstances and in JBG’s discretion, the ability of users who are repeat infringers to submit content to the Site or to use Site features that allow user submissions, postings, uploads, or public display.
JBG may also remove content, refuse publication, refuse display, or take other reasonable steps where we believe a user has repeatedly infringed the intellectual property rights of others.
This policy does not necessarily require JBG to block access to the Site’s general informational, memorial, remembrance, or educational content.
Misrepresentations
Please do not submit knowingly false, misleading, or materially inaccurate copyright notices or counter-notifications. Any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability under applicable law.
Other Content Concerns
This DMCA section applies only to claims of alleged copyright infringement. Concerns about privacy, defamation, misuse of a person’s name or likeness, harmful or false content, Luminary Field entries, Luminary Display Text, or other violations of these Terms or our Community Ethics should be reported through JBG’s non-copyright reporting process.
18. Reporting Other Content Concerns
Not a copyright issue? This section is for everything else — false information, privacy concerns, harmful content, misuse of someone’s name or image, inappropriate Luminary Display Text, or anything that feels wrong about content on the Site.
If you believe content on the Site is false, defamatory, invasive of privacy, discloses sensitive personal information, misuses a person’s name, image, or likeness, is abusive or harmful, or otherwise violates these Terms or our Community Ethics, you may report it to JBG for review.
Reports may include concerns about tribute pages, “Share About Who You Miss” submissions, Luminary Field entries, Luminary Display Text, photos, names, images, files, form responses, or other Site content.
Where to Send a Report
Please send non-copyright content concerns to legal@jambandgraveyard.org. If your concern is primarily about a tribute submission, you may also copy tributes@jambandgraveyard.org. If your concern is about a Luminary Field entry or a general Site issue, you may also contact support@jambandgraveyard.org.
What to Include
To help us review your report, please include as much of the following as possible:
- your name and contact information;
- the URL or other information reasonably sufficient for us to identify the content or entry at issue;
- a description of the specific content, Luminary Field entry, or submission you want us to review;
- an explanation of why you believe the content is false, defamatory, invasive of privacy, harmful, misleading, inappropriate, or otherwise inconsistent with these Terms or our Community Ethics;
- if the concern involves The Luminary Field, the approximate date and time the luminary was placed, the timezone if known, the submitted name or display text if any, and any other details that may help us identify the entry;
- if you are requesting action on behalf of another person, a brief explanation of your relationship to that person or your basis for making the request; and
- any supporting information or documentation you want us to consider.
We may request additional information where needed.
How JBG May Respond
JBG will review reported concerns in light of our mission, Community Ethics, the rights and dignity of the people involved, the privacy and safety of living people, the purpose of the remembrance space, and our legal obligations. After review, JBG may remove content, decline to remove content, request clarification, seek revisions, redact specific material, restrict access, preserve the content while reviewing the matter, remove or decline to display Luminary Display Text, or take any other action we believe appropriate under the circumstances.
Where appropriate, we may contact the original submitter or other involved parties, but we are not required to do so before taking action.
No Guaranteed Outcome or Timeline
We will handle these reports with care, but we do not guarantee any particular response time, process, or outcome.
Separate From the DMCA Process
A report submitted under this section is not a DMCA notice and will not be processed through JBG’s copyright takedown procedure unless it specifically alleges copyright infringement.
19. Disclaimers and No Warranties
The Site and all content, features, interactive experiences, databases, forms, and services made available through it are provided on an “as is” and “as available” basis.
To the fullest extent permitted by applicable law, JBG disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of accuracy, completeness, reliability, availability, non-infringement, merchantability, fitness for a particular purpose, and quiet enjoyment.
JBG does not guarantee that:
- the Site will always be available, uninterrupted, timely, secure, or error-free;
- defects will be corrected;
- the Site or any emails, forms, databases, scripts, servers, or third-party services used in connection with it will be free of viruses, vulnerabilities, outages, or other harmful components;
- any content submitted to JBG will be published, retained, removed, corrected, updated, or made available within any particular period of time;
- any Luminary Field entry, luminary, or Luminary Display Text will be displayed, approved, retained, removed, preserved, or displayed in any particular way or for any particular length of time;
- The Luminary Field will always be available, uninterrupted, error-free, preserved, displayed in the same way, or maintained indefinitely; or
- any user-submitted content is accurate, complete, lawful, noninfringing, respectful, or appropriate.
JBG may modify, suspend, archive, migrate, reset, remove, or discontinue all or part of the Site or The Luminary Field at any time if we believe doing so is appropriate for operational, technical, moderation, legal, preservation, safety, mission-related, or site-integrity reasons.
User-submitted content reflects the views, memories, experiences, and statements of the people who submit it. JBG reviews submissions for alignment with these Terms and our Community Ethics, but does not independently verify all facts, rights, permissions, or circumstances described in submitted content.
JBG may review, delay, decline, remove, redact, restrict access to, preserve, or otherwise act on content in its discretion. JBG does not guarantee that any content concern, removal request, correction request, privacy request, Luminary Field removal request, or other report will be resolved in any particular manner or on any particular timeline.
The Site may include educational materials, resource listings, and information about funeral consumer rights, grief, death, dying, remembrance, and related subjects. Those materials are provided for general informational and community purposes only. They are not medical, mental health, legal, financial, tax, accounting, or other professional advice, and they are not a substitute for advice from a qualified professional familiar with your circumstances.
The Site may also contain links to third-party websites, resources, platforms, forms, donation processors, analytics providers, or services. JBG does not control and is not responsible for third-party content, policies, practices, availability, or accuracy, and inclusion of a link does not necessarily imply endorsement.
20. Limitation of Liability
To the fullest extent permitted by applicable law, JBG and its directors, officers, employees, volunteers, contractors, agents, and representatives will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of data, loss of use, loss of goodwill, emotional distress, or other intangible losses, arising out of or relating to:
- your access to, use of, inability to use, or reliance on the Site;
- your use of or interaction with The Luminary Field;
- public visibility, public readability, moderation, removal, preservation, migration, or loss of Luminary Field records;
- user-submitted content or third-party content appearing on or transmitted through the Site;
- JBG’s review, publication, non-publication, display, non-display, removal, redaction, restriction, preservation, or other moderation of content;
- any alleged inaccuracy, incompleteness, or omission in Site content;
- any interruption, delay, outage, security issue, technical failure, database issue, or third-party service issue affecting the Site;
- any unauthorized access to or alteration of submissions, transmissions, records, or data;
- any dispute involving Submitted Content, Luminary Display Text, photos, media, names, likenesses, memories, tribute content, or other user-provided material; or
- any action JBG takes or declines to take in response to a report, removal request, correction request, copyright notice, privacy concern, or moderation concern.
Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.
21. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, The Luminary Field, or any content, feature, form, submission, interactive experience, database, or service made available through the Site will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws principles, except to the extent federal law applies.
22. Venue for Disputes
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, The Luminary Field, or any content, feature, form, submission, interactive experience, database, or service made available through the Site must be brought exclusively in the state courts located in Cook County, Illinois, or, if federal jurisdiction exists, the United States District Court for the Northern District of Illinois.
You and JBG consent to the personal jurisdiction of those courts and waive any objection based on improper venue or inconvenient forum, to the fullest extent permitted by applicable law.
23. Optional Pre-Suit Contact
Before filing a lawsuit, we encourage you to contact JBG at legal@jambandgraveyard.org and briefly describe the issue so we can try to address it informally.
Nothing in this section prevents JBG from taking immediate action it reasonably believes is necessary to protect the Site, enforce these Terms, address intellectual property concerns, respond to security issues, preserve evidence, moderate content, remove harmful material, or prevent harm.
24. Entire Agreement
These Terms, together with any policies, notices, instructions, or guidelines expressly incorporated into them, including JBG’s Privacy Policy and Community Ethics, constitute the entire agreement between you and JBG regarding your use of the Site and supersede any prior or contemporaneous understandings, communications, or agreements relating to that subject matter.
25. Severability
If any provision of these Terms is held to be invalid, unenforceable, or inapplicable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
26. No Waiver
JBG’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver by JBG must be in writing to be effective.
27. Assignment
You may not assign or transfer any rights or obligations under these Terms without JBG’s prior written consent. JBG may assign or transfer its rights and obligations under these Terms in connection with a merger, reorganization, transfer of assets, change in control, fiscal sponsorship transition, nonprofit restructuring, or similar transaction, or as otherwise necessary to support its nonprofit operations.
28. Contact
If you have questions about these Terms or the Site, you may contact JBG at:
General inquiries: support@jambandgraveyard.org
Tribute submissions and follow-up: tributes@jambandgraveyard.org
Privacy and legal concerns: legal@jambandgraveyard.org
DMCA notices and counter-notifications: legal@jambandgraveyard.org
Jam Band Graveyard
8601 W Bryn Mawr Avenue, Suite 101
Chicago, IL 60631

