TERMS & CONDITIONS



Updated September 4, 2008

This Terms & Conditions Agreement ("Agreement") between you and iFamily Inc., doing business as Familybuilder, sets forth the legally binding terms for your use of the Familybuilder.com website (including all the areas of the site) and any successor websites ("Website") and the services it provides (collectively, the Services").

By using the Services you agree to these Terms & Conditions. As used herein, we, us, you and ours refer to Familybuilder and its affiliates, employees, successors and assigns. You, our and ours refer to you, our customer, who uses the Website and Services.

This Agreement includes the acceptable use of the Services and content posted on the Website, and your rights, obligations and restrictions regarding your use of the Services. Please see our Privacy Policy for more information about how we collect, use, and share information on the Website.

We may modify this Agreement at any time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of this Agreement, you must immediately discontinue your use of the Services.

Please choose carefully the information you post on the Website and that you provide to other users. Your profile and other content shall not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 7 below. Despite this prohibition, information provided by other users (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and we assume no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact us at legal@familybuilder.com.

We reserve the right, in our sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.

Term
This Agreement shall remain in full force and effect while you use the Services. You may terminate your usage at any time by ceasing to use the site and emailing us at help@familybuilder.com. We may terminate your access to Website and use of Services at any time, without warning. Even after such access and usage is terminated, this Agreement will remain in effect.

Password and Email
When you sign up to use the website and services, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to us communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at help@familybuilder.com.

By providing us with your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to features and special offers. If you do not want to receive such email messages, you may opt out by changing your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Non-commercial Use
The Services are for the personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by us. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of Website privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Proprietary Rights in Content

We do not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Website or Services, including without limitation, to your profile, to a node or profile of any third party, or to our forum or wiki (collectively, "Content"). After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Services, you hereby grant, and you represent and warrant that you have the right to grant, to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services.

The Services contain Content of Familybuilder ("FB Content"). FB Content is protected by copyright, trademark, patent, trade secret and other laws, and we own or license and retain all rights in the FB Content and the Services. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the FB Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Website and using the Services in accordance with this Agreement.

The Services contain Content of users, and other of our licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or FB Content appearing on or through the Services.

Content Posted
We may delete any Content that in our the sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user posting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. We do not endorse and have no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the access privileges of such violators. Prohibited Content includes, but is not limited to Content that, in our sole discretion:

  1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  12. infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property;
  13. invades or violates any third party's right to privacy; or
  14. violates the following partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  15. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
  16. advertising to, or solicitation of, any user to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion;
  17. covering or obscuring the banner advertisements on your personal profile page, or any of our web pages via HTML/CSS or any other means;
  18. any automated use of the system, such as using scripts to add friends or send comments or messages;
  19. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  20. attempting to impersonate another user or person or posting any third party's (including without limitation any family member's) information on the Services without permission;
  21. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
  22. selling or otherwise transferring your profile;
  23. using any information obtained from the Services in order to harass, abuse, or harm another person;
  24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile or posting blogs or bulletins with a commercial purpose;
  25. using the Services in a manner inconsistent with any and all applicable laws and regulations;
  26. use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Services in a manner that sends more request messages to the Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
  27. collect or harvest any personally identifiable information, including names or email addresses, from the Services, nor use the Services for any commercial solicitation purposes without prior written consent from.com; or
  28. rent, lease, transfer, sell, resell, or otherwise exploit for any commercial purpose, any portion of or access to the Services.

Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate access privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please email this information to admin@familybuilder.com.

Disputes.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy
By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Security
The Website and Services are intended to be a private family network. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Disclaimers
WE, OUR OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY USERS OF THE WEBSITE, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE SERVICES.

WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.

THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY US. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WE MAY IN OUR SOLE DISCRETION, BUT ARE NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST US FOR SUCH EXPOSURE.

Limitation on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF YOUR USAGE. WE ASSUME NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Services are controlled from our facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Disputes
This Agreement and any dispute regarding the Services shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either we or you may demand that any dispute between us and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, NY, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

Indemnity
You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to the Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes us to be liable to any third party.

Other
This Agreement constitutes the entire agreement between you and us regarding the use of the Services. The failure of us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Familybuilder and Familybuilder.com are trademarks of iFamily Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Statute of Limitations
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

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