The following terms and conditions govern all use of the FamilyTies.com website and all content, services and products available at or through the website, (taken together, the Website). The Website is owned and operated by FamilyTies.com, LLC ("FamilyTies"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation FamilyTies' Privacy Policy) and procedures that may be published from time to time on this Site by FamilyTies (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FamilyTies, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. While this Website is available only to individuals who are at least 13 years old, it is intended and anticipated that parents or guardians may use this site to allow their children who are under 13 years old to communicate with other members of their family and extended family, including other family members who also may be under 13 years old and accessing this site through their parents or guardians.
FamilyTies.com is a family-oriented Website; that is, it is intended to be about, for, and by families and to enable and encourage family members, including extended family members, to communicate with each other across distance and time. We do our best to make FamilyTies.com appropriate for families, but we cannot guarantee it. We need your help to keep this Website appropriate for families. Before posting anything that might be inconsistent with that purpose, please ask yourself whether you would approve of such content being sent to your own close family member who is under 13 years old. While we do not monitor user content, we do encourage and invite users to bring content that they consider inappropriate to our attention at _______. If you do post material that we deem to be obscene or vulgar, in our sole discretion, we have the right to, and may, delete it and/or deactivate your account.
- Your FamilyTies.com Account and Site.
If you create a profile on the Website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FamilyTies may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FamilyTies liability. You must immediately notify FamilyTies of any unauthorized uses of your profile, your account or any other breaches of security. FamilyTies will not be liable for any acts or omissions by you or by any third parties, including any damages of any kind incurred as a result of such acts or omissions.
- Children Under 13 Years Old.
FamilyTies.com is available only to individuals who are 13 or more years old. However, in order to fulfill its purpose as a social networking site for families, FamilyTies encourages and invites parents or guardians to create, monitor, and administer accounts for their children, including those under the age of 13, and to use the tools that FamilyTies provides them to administer those accounts. Such accounts can be created only through verifiable acts by parents or guardians for their children. FamilyTies pledges that it will not ask for any personal identifiable information from any child under the age of 13, and parents or guardians are responsible for determining what, if any, information to provide about their children under the age of 13. Parents or guardians of children under the age of 13 are invited and required to closely administer accounts that they create for their children, including various security settings that parents or guardians can use to determine whether they authorize their children to upload photos, network with other users, and control who their children network with and how they do so.
By creating an account for a minor child under the age of 13, the creator of an account represents and warrants that: (1) he or she is the parent or guardian of such minor child, (2) he or she has the legal authority as parent or guardian to permit the minor child to access FamilyTies.com and to enter agreements on behalf of that minor child, (3) he or she does in fact authorize the creation of a FamilyTies.com account for the minor child, and (4) he or she assumes responsibility for administering that account.
- Memorial Profiles.
Consistent with FamilyTies' stated purpose of promoting communication by, within, and about families, users may create and administer memorial profile accounts for love ones who have died, provided that, if a closer living relative requests to be given administrative rights to the account, FamilyTies may give that relative administrative rights, or resolve all disputes by removing some or all of any disputed content or by deleting any disputed profile altogether.
- Responsibility of Contributors.
If you operate a profile, comment on a profile, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- it is not pornography according to the legal definition of that term in the jurisdiction from which you are posting it;
- not only is it not pornography, but it also is not obscene or even vulgar to someone who is under 13 years old;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory (that is, it does not contain false derogaroty factual statements about others), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and web sites, and similar unsolicited promotional methods;
- your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FamilyTies or otherwise.
By submitting Content to FamilyTies for inclusion on your profile, you grant FamilyTies a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, FamilyTies will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FamilyTies has the right (though not the obligation) to, in FamilyTies' sole discretion (i) refuse or remove any content that, in FamilyTies' reasonable opinion, violates any FamilyTies policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FamilyTies' sole discretion. FamilyTies will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors.
FamilyTies has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, FamilyTies does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. While FamilyTies is intended to be a family-oriented Website, and FamilyTies encourages its users to responsibly monitor and control their own content in a manner consistent with what is appropriate for a family-oriented Website, you recognize that the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors, and, because of the ability of individual users to post their own content without monitoring or review by FamilyTies, you agree that FamilyTies is not responsible for content posted or created by users. If you do encounter such content, please inform FamilyTies by reporting it at abuse@FamilyTies.com. Similarly, again because individual users control the content that they introduce to the Website, it may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FamilyTies disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Additionally, by using FamilyTies, you agree that you will not:
- Collect users' content or information, or otherwise access FamilyTies, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- Create more than one personal profile for yourself;
- Post content that is: threatening, hateful, pornographic, vulgar, or violent;
- Upload viruses or other malicious code;
- Post anyone's sensitive financial information on FamilyTies;
- Intimidate, Bully, or harass any user;
- Offer any promotion on FamilyTies without our prior written consent;
- Provide any false personal information on FamilyTies, or create an account for anyone other than yourself without permission, or a memorial account for a loved one, which must be designated as such and subject to separate rules set forth on the pages creating such an account;
- Use FamilyTies to do anything unlawful, misleading, malicious, or discriminatory;
- Do anything that could disable, overburden, or impair the proper working of FamilyTies, such as a denial of service attack;
- Use FamilyTies if you are under 13, other than through your parents; or
- Use FamilyTies if you are a convicted sex offender.
- Email and Spam.
FamilyTies does not send out spam. By using FamilyTies, you agree to keep your primary email address up to date, and to receive periodic email from FamilyTies. If you are a registered user of FamilyTies and have supplied your email address, FamilyTies may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with FamilyTies and our products. However, we primarily use our various product profiles to communicate this type of information, so we expect to keep this type of email to a minimum. FamilyTies will not send out spam. You agree that, if you receive unwanted email from FamilyTies, rather than reporting any unwanted email from FamilyTies as spam or classifying it as junk or blocking it, you will request that FamilyTies stop sending you unsolicited email by clicking on the link that FamilyTies will provide on each of its email messages to its users. Additionally, any person who is administering an account for anyone else agrees to accept email messages from Family Ties pertaining to the account that they are administering.
- Content Posted on Other Websites.
We have not reviewed, cannot review, and do not attempt to review, all of the material, including computer software, made available through the websites and webpages to which FamilyTies.com links, and that link to FamilyTies.com. FamilyTies does not have any control over those non-FamilyTies.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-FamilyTies.com website or webpage, FamilyTies does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FamilyTies disclaims any responsibility for any harm resulting from your use of non-FamilyTies.com websites and webpages.
- Copyright Infringement and DMCA Policy.
As FamilyTies asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FamilyTies.com violates your copyright, you are encouraged to notify FamilyTies in accordance with the Digital Millennium Copyright Act ("DMCA"). FamilyTies will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FamilyTies or others, FamilyTies may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, FamilyTies will have no obligation to provide a refund of any amounts previously paid to FamilyTies.
- Intellectual Property.
This Agreement does not transfer from FamilyTies to you any FamilyTies or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FamilyTies. FamilyTies, FamilyTies.com, the FamilyTies.com logo, and all other trademarks, service marks, graphics and logos used in connection with FamilyTies.com, or the Website are trademarks or registered trademarks of FamilyTies or FamilyTies' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FamilyTies or third-party trademarks.
- Changes.
FamilyTies reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FamilyTies may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination.
FamilyTies may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FamilyTies.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.
The Website is provided "as is". FamilyTies and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FamilyTies nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability.
In no event will FamilyTies, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FamilyTies under this agreement during the twelve (12) month period prior to the cause of action. FamilyTies shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the FamilyTies Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification.
You agree to indemnify and hold harmless FamilyTies, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous.
This Agreement constitutes the entire agreement between FamilyTies and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FamilyTies, or by the posting by FamilyTies of a revised version. FamilyTies rejects any proposals to modify this Agreement inconsistent with the requirement that all such modifications be in writing. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake County County, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake County, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FamilyTies may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- YOUR OWN RISK.
We try to keep FamilyTies family-friendly and safe, but you use it at your own risk. We are providing FamilyTies "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Website will be safe or secure. FamilyTies is not responsible for the actions, content, information, or data of third parties, and you release FamilyTies and all its principals, agents, or other representatives, from any and all claims and damages, known and unknown, arising out of or in any way connected with any claim against any third parties. If you are a California resident or access FamilyTies from California, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FamilyTies will not be liable for any lost profits or other damages-consequential, special, indirect, or incidental-arising out of or in connection with this statement, even if advised of the possibility of such damages. In all cases, FamilyTies' liability will be limited to the fullest extent permitted by applicable law.