Famiva Terms of Use
These "Terms of Use" set forth the terms and conditions that apply to your use of Famiva (the "Web Site"), a service of Socionet Pty Ltd (the "Company"). By selecting the "I accept the Famiva Terms of Use listed on this page" check box and hitting submit (on registration and site creation pages), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you (the "member", "administrator", and/or "user") and is not transferable to any other person or entity. Famiva is a private social network. All user content, including photos, stories, events, profile details, and comments, provided by the Famiva members is their own property and is protected by members' login and password. All members must provide correct registration information about themselves. One member can only have one email address and be registered only once on Famiva. A registered member can create up to 5 free family sites, and can be part of multiple family sites on Famiva. All members are required to provide their current email address to Famiva for the purposes of registration, administration, account maintenance, and service and legal notices. All members agree to accept that all service related electronic communication sent to them from Famiva is legally binding. Users of Famiva MUST NOT threaten, abuse, harass, or intimidate other members of the Web Site by sending them spam, using foul language, posting unsuitable photos, creating and sending viruses and/or worms or in any other way. Users are responsible for their own activity on the Web Site and the activity of minors in their family who may use the Web Site. Users are responsible for not violating any and all applicable laws. Famiva online services are intended to be used by humans using standard web browsers, including Internet Explorer, Netscape, Firefox, Konqueror, Epiphany, Safari and Opera. Use of robots, crawlers, spiders, and other form of software that emulates web usage without direct page-by-page interaction with humans is prohibited inside the registered user area. Famiva online services are provided free of charge to registered members. All family sites will be granted 2 Gigabytes of initial storage at site creation. Storage quota for family sites will grow at the rate of 200 Megabytes per registered member joining that family site. The Company reserves the right to change the storage quotas and policies, and may offer additional services at a price to be determined. At no point will the Company charge existing members for services that were offered as free at the time of sign-up. Members can discontinue use of Famiva at any time. Upon request, the Company will provide a DVD, paid for by the member, with all the photos stored on the family site and XML (Extensible Markup Language) representation of their family tree. The Company reserves the right to terminate and ban memberships. User contributed content on Famiva sites will be administered by the family’s site administrator(s) and registered members. Registered members and administrator(s) are responsible for updating, modifying, and deleting content to keep the site family friendly. Registered members and administrator(s) are responsible for complying with all applicable local, state, national and international laws with regards to content. Famiva may utilize member contributed textual information, such as descriptions of photos, stories, events, member profiles, and search terms, to display related advertisement. All user submitted content, including photos, stories, events, profile details, and comments, provided by the Famiva members is their own property. Members are allowed to copy and reproduce the information they own. All other content on the Web Site is the property of the Company, is copyright material and protected by international laws. The Company will take suitable legal action if any person or entity takes part in reproduction, modification, and/or copying of the Company property. Using Famiva for the purpose of imitating design, functionality and/or features is prohibited. Mergers and AcquisitionFamiva may merge with or get acquired by another entity in the future. In such a situation, the Company will notify all its members ahead of time, and will allow members to download their content, request content on DVD, migrate to the new service, or discontinue use if they wish to do so. All members are responsible for the security of their password and account information. In case of a password theft or misuse of a members' account, the member must notify the Company immediately. Although the Company is putting a lot of effort into keeping your account and family content secure, it is not guaranteed that there will be no attack on your security from third parties. Famiva may provide hyperlinks to third-party Web Sites in the form of advertisement and/or as a convenience to users of the Web Site. The Company does not control third-party Web Sites and is not responsible for the contents of any linked-to, third-party Web Sites or any hyperlink in a linked-to Web Site. The Company does not endorse, recommend or approve any third-party Web Site hyperlinked from the Web Site. The Company will have no liability to any entity for the content or use of the content available through such hyperlink. The information and materials on the Web Site could include technical inaccuracies or typographical errors. Functionality of the Web Site could be interrupted due to technical problems. Changes are periodically made to the information and functionality of the Web Site. THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITE, OR ANY SITES LISTED THEREIN, AND THE WEB SITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You agree to indemnify, defend and hold harmless the Web Site, its members, the Company, its directors, managers, officers, employees, shareholders, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of Terms of Use or Privacy Policy by you. Famiva Terms of Use constitutes a contract made under and shall be governed by and construed in accordance with the State of Victoria, Commonwealth of Australia. Famiva, famiva.com, family20.com, "where families live online" and Socionet Pty Ltd are trademarks of Socionet Pty Ltd, Victoria, Australia. This Terms of Use document was last updated on May 28, 2007. The Company reserves the right to change the Web Site and/or these Terms of Use at any time. The new terms of use will be posted at this location. A notification of change will be sent to all registered members using the email address on file. For questions, comments or concerns regarding Terms of Use, please send email to termsofuse @ mail.famiva.com. |