Effective Date : July, 15th 2012
Welcome to Familywall.com. The following FAMILY&CO Terms and Conditions are between you and FAMILY&CO and its affiliates (“FAMILY”) and constitute a legal agreement that governs your use of the FamilyWall product (“SERVICE”), software, services and related websites (collectively referred to as the “Service”). FAMILY&CO offers you access to the Service conditioned on your acceptance of these FamilyWall Terms and Conditions, including your agreement to the Privacy Statement, the Code of Conduct and, if you use the Service with a mobile device, the End User License Agreement that applies to your device, each as amended from time to time (collectively, the “Terms”), and apply to your use of the Service. This term of service and Responsibilities governs our relationship with users and others who interact with FamilyWall. By using or accessing FamilyWall, you agree to this Statement.
The Service contains communication features designed to enable you to communicate with Family members as well as Family&Co. You agree to use the Service only to post, send and receive messages, material and other content that are appropriate and related to the purpose of the Service. You agree that when using the Service, you will not engage or attempt to engage in any improper uses. Improper uses include violations of the Code of Conduct.
If FAMILY&CO suspects violations of this Section, FAMILY&CO may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with FAMILY&CO in investigating suspected violations. FAMILY&CO reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that FAMILY&CO considers to be illegal or violations of these Terms.
Content may also be posted to the Service by users. “User Content” means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that is posted to the Service by users of the Service. All User Content is the sole responsibility of the person from whose account the User Content originated. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your account.FAMILY&CO may not control the User Content posted or transmitted using the Service and it does not guarantee the accuracy, integrity or quality of any User Content. Although FAMILY&CO does not pre-screen the User Content, FAMILY&CO reserves the right to determine whether any User Content is appropriate and in compliance with these Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in its sole discretion, without prior notice. FAMILY&CO does not guarantee the security or availability of any User Content transmitted or stored using the Service, and makes no representations that it will monitor access or use of the Service.
FAMILY&CO does not claim ownership of User Content you submit or make available using the Service. However, by submitting, posting or transmitting User Content and personally identifiable information on areas of the Service that are accessible by other users or the public, you grant to FAMILY&CO and those members of the public who have access to that User Content a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content on the Service, and to publish your name and other personally identifiable information in connection with that User Content. By submitting, posting or transmitting User Content on areas of the Service that are accessible to other users or the public, you represent and warrant that you are the owner of that User Content or have authorization to distribute it and that the use and publication of the User Content does not violate any law.
You understand that in order to provide the Service and make your User Content available on it, FAMILY&CO may transmit your User Content across various public networks, in various media, and may reproduce, modify or change your User Content to store and retrieve the User Content, to make it available to you and other members of the public, to comply with technical requirements, and otherwise in connection with operation of the Service.
The Service may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under Family&Co’s control and FAMILY&CO is not responsible for any Linked Site. FAMILY&CO provides these links as a convenience and the inclusion of any link does not imply FAMILY&CO’s endorsement or an association with its operators. When you access a Linked Site, you do so at your own risk. Also, in the course of using the Service, you may download to your device content that is provided by third parties or access services and Linked Sites provided by third parties, such as social media partners, wireless carriers, and third party software application developers.
If you submit or provide suggestions for improving FAMILY&CO’s products and services (“Feedback”) to FAMILY&CO, you irrevocably assign to FAMILY&CO all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from FAMILY&CO and you waive any moral rights you may have in the Feedback. Further, you irrevocably waive and agree never to assert any claims against FAMILY&CO or any of FAMILY&CO’s successors in interest with respect to Feedback you submit or provide to FAMILY&CO.
“FAMILY&CO Content” means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that FAMILY&CO and its licensors provide to you in connection with the Service. FAMILY&CO and its licensors own all FAMILY&CO Content, including the selection and arrangement of the FAMILY&CO Content and the “look and feel” of the Service. FAMILY&CO and its licensors own all legal rights, title and interest in and to the Service, FAMILY&CO Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with the Service (the “Software”), including any and all intellectual property and other proprietary rights that exist therein.
FAMILY&CO grants you a personal, non-exclusive, nontransferable, limited license to use the Software as provided to you by FAMILY&CO as part of the Service and in accordance with these Terms. FAMILY&CO may from time to time send you updates to the Software which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements, improvements, or new versions of the Software. You hereby agree that FAMILY&CO may automatically deliver these updates to you and you will receive and install them on your device as required.
FAMILY&CO may access, use, store and disclose your account information and content (including the content of your communications) to comply with the law and lawful requests or legal process, enforce the terms and policies governing your use of the Service, including investigations of any potential violation, detect or prevent security, fraud or technical issues, protect the rights or property of FAMILY&CO and its customers, when FAMILY&CO believes in good faith that the disclosure is necessary to protect the personal safety of FAMILY&CO, its employees, customers or the public, and as otherwise disclosed in the Privacy Statement.
The Service, Linked Sites, FAMILY&CO Content, Third Party Materials, third party services and all related websites, including without limitation, updates and upgrades for the Software installed on your device that you download to your device via the Service, are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with you to the maximum extent permitted by applicable law. FAMILY&CO and its suppliers and licensors make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement.
In particular, FAMILY&CO, its suppliers and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Service will be accurate or reliable; or (iv) any defects or errors in the Software provided to you as part of the Service will be corrected.
FAMILY&CO does not control your wireless carrier, and no warranty is made as to coverage, availability or service provided by your wireless carrier. All content and other material you download or obtain through the Service is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data or content that results from download of any material. FAMILY&CO does not represent or warrant that the Service or any feature or part thereof is available or appropriate for use in any particular location.
You are responsible for compliance with all applicable laws in connection with your access and use of the Service. You may have additional consumer rights under your local laws that these Terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, such terms are deemed incorporated into this document but FAMILY&CO’s liability for a breach of such statutory implied terms is limited in accordance with and to the extent permissible under such legislation.
In no event will FAMILY&CO or any supplier or licensor be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Service, your use of the Service, the Software, Linked Sites, FAMILY&CO Content, or Third Party Materials or services, even if FAMILY&CO or any supplier or licensor has been advised of the possibility of such damages.
FAMILY&CO’s and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Service, your use of the Service, the Software, Linked Sites, FAMILY&CO Content, and Third Party Materials or services will be to recover the actual damages you incur based upon reasonable reliance on the Service up to five dollars (U.S. $5.00).
The existence of multiple claims or suits under or related to these Terms, the Service, your use of the Service, the Software, Linked Sites, content, or Third Party Materials or services will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you. Some jurisdictions also do not allow unfair contract terms. If the above liability cap is in any respect deemed “unfair” under local legislation, it will to that extent not be applicable but instead the words “up to five dollars (U.S. $5.00)” will be deemed replaced by the words “up to the value of the transaction in respect of which liability has arisen”. Nothing in this section 14 will be interpreted as purporting to exclude liability which cannot under prevailing legislation be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.
FAMILY&CO does not claim ownership of User Content you submit or make available using the Service. However, by submitting, posting or transmitting User Content and personally identifiable information on areas of the Service that are accessible by other users or the public, you grant to FAMILY&CO and those members of the public who have access to that User Content a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content on the Service, and to publish your name and other personally identifiable information in connection with that User Content.
By submitting, posting or transmitting User Content on areas of the Service that are accessible to other users or the public, you represent and warrant that you are the owner of that User Content or have authorization to distribute it and that the use and publication of the User Content does not violate any law. You understand that in order to provide the Service and make your User Content available on it, FAMILY&CO may transmit your User Content across various public networks, in various media, and may reproduce, modify or change your User Content to store and retrieve the User Content, to make it available to you and other members of the public, to comply with technical requirements, and otherwise in connection with operation of the Service.
The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 13 and 14 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You agree to respect the intellectual property rights of FAMILY&CO and third parties. If you believe that material available through the Service infringes the copyright of any third party, please notify FAMILY&CO’s copyright agent by using the notice procedure described at Notice and Procedure for Making Claims of Copyright Infringement. After receiving notice, FAMILY&CO may remove or disable access to any infringing material. FAMILY&CO has the right to terminate any account or right of access to the Service for infringement of FAMILY&CO’s or others’ rights.
Regardless of conflict of laws principles, if you live in (a) North America or Latin America, the French Laws of France govern these Terms and the interpretation thereof; (b) Europe, the Middle East or Africa, the laws of the Netherlands govern these Terms and the interpretation thereof; and (c) the Asia, Pacific and Japan region, including Australia, the laws of Singapore govern these Terms and the interpretation thereof.
You and FAMILY&CO agree to submit to exclusive jurisdiction and venue in the Paris Court of Justice, Paris France for any and all disputes, claims and actions arising from or in connection with the Service and these Terms. The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms. You will not use or export anything from the Service (including Software) in violation of U.S. export laws and regulations or these Terms. Any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be barred.
FAMILY&CO reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. You can review the most current version of the Terms at any time at familywall.com. Your acceptance of the Terms by clicking a box (if one is made available to you), or your continued use of the Service after the updated version of the Terms becomes effective, constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Service.
You may terminate your account as set forth in your account settings or stop using the Service at any time. FAMILY&CO reserves the right to terminate these Terms or the Service at any time. Also, FAMILY&CO may suspend or terminate your access to the Service or any portion thereof at any time, if it believes you have violated the Terms (including violations of the Code of Conduct or failure to pay any amounts due) without notice. FAMILY&CO reserves the right to temporarily disable or limit access to your account if there is excessive usage.
Termination of your account will not relieve you of any obligation to pay any accrued fees and charges for the service up to and including the date of termination. If your account is terminated, FAMILY&CO may delete all information, files and content stored in or as part of your account, including but not limited to data files, email, stored messages, images, and preferences, but FAMILY&CO does not maintain all information in a form that can be deleted. Also, certain types of communications that you send to other users cannot be deleted, such as messages. Neither FAMILY&CO nor its licensors or service providers will be liable to you for any termination of your access to the Service. Sections 2, 7, 9, 10, 11, 12, 13, 14, 15, 16will survive termination.
FAMILY&CO may give you all notices (including legal process) that FAMILY&CO is required to give by any lawful method, including by posting notice on the Service or by sending it to any email or mailing address that you provide to FAMILY&CO. You agree to keep your email and mailing addresses current and to check for notices posted on the Service. You agree to send FAMILY&CO notice by mailing it to FAMILY&CO’s address firstname.lastname@example.org