Famiva - Social Network for Families

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Famiva Terms of Use Overview These "Terms of Use" set forth the terms and conditions that apply to your use of Famiva.com and BabyBook.me (the "Web Sites"), services of Famiva LLC (the "Company"). By using these services, you are agreeing to comply with all of the Terms of Use set forth herein. The right to use the Web Sites is personal to you (the "member", "administrator", and/or "user") and is not transferable to any other person or entity. Member Information All user content, including photos, stories, books, updates, genealogical data, events, profile details, and comments, provided by 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.com. A registered member can create up to 5 free Famiva.com family sites, and can be part of multiple family sites on Famiva.com. With the exception of Famiva temporary accounts, all members are required to provide their current email address 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 the Company is legally binding. Member Conduct Users of the Web Sites MUST NOT threaten, abuse, harass, or intimidate other members of the Web Sites 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 Sites and the activity of minors in their family who may use the Web Sites. Users are responsible for not violating any and all applicable laws. Proper Use of Services The Web Sites 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 forms of software is strictly prohibited inside the registered user area. Cost of Use Famiva.com and BabyBook.me are currently provided free of charge to registered members. All Famiva.com family sites are 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 to them as free at the time of sign-up. Termination of Member Account Members can discontinue use of the Web Sites 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. Content on Famiva User contributed content on the Web Sites will be administered by the site administrator(s) and registered members. Registered members and administrator(s) are responsible for updating, modifying, and deleting content to keep the Web Sites family- friendly. Registered members and administrator(s) are responsible for complying with all applicable local, state, national and international laws with regards to content. Unlawful Extraction and Reproduction of Material and Activity 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 Sites is the property of the Company, is copyright material and protected by international laws. Using the Web Sites for the purpose of imitating design, functionality and/or features, is prohibited. Modification, adaption, translation, reverse engineering, decompilation or disassembly of any portion of the Web Sites, including downloadable content such as the BabyBook.me and Multi-Upload Adobe Flash applications, is strictly prohibited. The Company will take maximum available legal action against any and all persons or entities that violate the Company's copyright and intellectual property rights. Mergers and Acquisition Famiva 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. Security 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. Links to Third-Party Web Sites Famiva may provide hyperlinks to third-party Web Sites in the form of advertisement and/or as a convenience to users of the Web Sites. The Company does not control third-party web sites and is not responsible for the contents of any linked-to, embeded, or referenced third-party web sites. The Company does not endorse, recommend or approve any third-party web sites or third-party content hyperlinked, embeded or references from the Famiva Web Sites. The Company will have no liability to any entity for the content or use of the content available through third-party sites. No Representations or Warranties; Limitations on Liability The information and materials on the Web Sites could include technical inaccuracies or typographical errors. Functionality of the Web Sites could be interrupted due to technical problems. Changes are periodically made to the information and functionality of the Web Sites. 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 SITES, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEB SITES, OR ANY SITES LISTED THEREIN, AND THE WEB SITES WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITES DO NOT WARRANT THAT SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL THE WEB SITES 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 SITES, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITES OR DOWNLOADED FROM THE WEB SITES, EVEN IF THE WEB SITES 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 SITES, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITES. 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 SITES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnification You agree to indemnify, defend and hold harmless the Web Sites, 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 Sites and any violation of Terms of Use or Privacy Policy by you. Governing Law and Jurisdiction These Terms of Use constitute a contract made under and shall be governed by and construed in accordance with the State of Delaware, United States of America. Trademarks Famiva, famiva.com, family20.com, "Famiva - Social Network for Families", "Family Powered Web", "BookBook.me", "virtual memory book and live journal", "where families live online" and "Famiva LLC" are trademarks of Famiva LLC, Delaware, USA. Last Update This Terms of Use document was last updated on February 11, 2009. Changes to the Web Sites and Its Policies The Company reserves the right to change the Web Sites 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 legal @ famiva.net. Note: By clicking on Create, you are accepting the Famiva Terms of Use.

Why Register?

You're just seconds away from enjoying your new Famiva site. Enter the basic information on the left to create your full featured sites, complete with:

• Family Tree Builder

• Unlimited Photo Sharing

• Stories, Newsletters and Videos

• Events, Reminders and Family Calendar

• People and Photos on the Map

... and much more

No Spam. No Obtrusive Ads. No Lock-Ins.

We are committed to protecting your privacy. We will not share your information with anyone. We will not send you any unsolicited emails. No pop-ups, pop-behinds or any other form of obstrusive ads that prevent you from using our services. We want you to have a great experience everytime. You own your information and content. We will even help you export your content if you decide to move on. What will keep you and your family coming back is the quality of our service.

Famiva Terms of Use