Famdazzle Terms of Service

Famdazzle Terms of Service
(last updated: June, 2005)

You Must Agree to these Terms of Service to Use Famdazzle Services

By Using or registering for a Famdazzle family website, you agree to these terms and conditions ("Terms of Service") and the Famdazzle Privacy Policy. You agree to accept notices electronically. Each time you use a Famdazzle Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Famdazzle Products. You cannot use or sign up for Famdazzle Products until you have accepted these Terms of Service.

Famdazzle Products

For purposes of these Terms of Service, the term "Famdazzle Products" shall mean the Famdazzle family website and all other services provided by or through Famdazzle.

Modifications to the Terms of Service

Famdazzle may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Famdazzle Products. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Famdazzle Products and cancel your registration.

Requirements for Use or Registration of Famdazzle Products

The Famdazzle Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some Famdazzle Products may require the user to register and provide information to Famdazzle, such as name, address, zip code, phone number, e-mail address, gender, date of birth (the "Registration Information"). If you register for any Famdazzle Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.

Content You Post

Famdazzle may use electronic means to monitor content of Famdazzle website posted by all members to monitor content of violation to these Terms of Service. If found in violation of these Terms of Service, Famdazzle may investigate the content further. Famdazzle has the right to terminate your family website if any website content is found in violation. All users are prohibited from posting unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable content. These include, but are not limited to, oscene or profane language; unlawful communication or subjects; and any pornagraphic or erotic material.

No Duty to Monitor

Famdazzle is not required to pre-screen Content on the Famdazzle Products, including the content of any messaging that occurs on or through the Famdazzle service, although Famdazzle reserves the right to do so in its sole discretion. Famdazzle is not liable for Content that is provided by others. Famdazzle reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but Famdazzle is not responsible for any failure or delay in removing such material.

No Spam, Bulk Email

You may not use Famdazzle Products including communication tools such as e-mail and other tools to send unsolicited bulk communications, including through e-mail. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Famdazzle users from Famdazzle Products, including login names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that Famdazzle may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within Famdazzle's networks.

Content You May Use

Famdazzle, its vendors and Famdazzle users who lawfully post content such as information, communications, photos, graphics and other materials ("Content") on Famdazzle Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Famdazzle or its vendors. You agree that you will not take any action to interfere with Famdazzle's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use Content available on the Famdazzle Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Inactive Status

Unless you are an upgraded member of Famdazzle, you must use this service on a regular basis (e.g., log into a Famdazzle Product) to keep your website and registration active. Famdazzle may cancel the registration and website and delete any data any Famdazzle Product when Famdazzle has determined in its sole discretion has not used such website for a period of ninety (90) days. If your website is canceled, you will need to re-register to obtain a new website. You agree that Famdazzle has no responsibility or liability for the deletion or failure to store any data on your website by members of website.

Your Responsibility

You are responsible for all activity made by you or anyone you allow to use your Famdazzle Product. You agree to keep confidential the passwords associated with your account.

Communications

You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the Famdazzle Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access Famdazzle are your responsibility. If you are accessing Famdazzle through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.

You May Use the Famdazzle Products for Lawful Purposes Only

You may use Famdazzle Products for lawful purposes only. You may not post on or transmit through any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies or (6) otherwise violates any law. You also may not undertake any conduct that, in Famdazzle's judgment, restricts or inhibits any other user from using or enjoying the Famdazzle Products.

Changes to the Service

Famdazzle has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Famdazzle Products including, but not limited to, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on Famdazzle servers on your behalf either cumulatively or for any particular service or the availability of Famdazzle Products on any particular device or communications service. Famdazzle has no obligation to provide you with notice of any such changes.

DISCLAIMER OF WARRANTIES. YOUR USE OF THE Famdazzle PRODUCTS IS AT YOUR SOLE RISK. THE Famdazzle PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, Famdazzle AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT Famdazzle PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. Famdazzle AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Famdazzle PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Famdazzle PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Famdazzle PRODUCTS AND SOFTWARE WILL BE CORRECTED. Famdazzle AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Famdazzle PRODUCTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Famdazzle PROVIDES THE Famdazzle PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE Famdazzle PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT Famdazzle WILL HAVE ADEQUATE CAPACITY FOR THE Famdazzle PRODUCTS AS A WHOLE. LIMITATION OF LIABILITY. Famdazzle'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Famdazzle (INCLUDING WITHOUT LIMITATION YOUR USE OF Famdazzle PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE Famdazzle PRODUCTS. Famdazzle AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE Famdazzle PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH Famdazzle PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Famdazzle HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Famdazzle AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Famdazzle DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH Famdazzle PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless Famdazzle, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Famdazzle Products. Famdazzle reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for Famdazzle in that matter.

Termination

Famdazzle has the right to terminate your family website, your registration or your access to Famdazzle Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). Famdazzle may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Famdazzle Products.

Purchases and Upgraded Services

Famdazzle may from time to time give you the opportunity to purchase or subscribe to products and upgraded services on Famdazzle (collectively, "Upgraded Services"). You agree that your purchase or subscription of any Upgraded Service will be subject to additional terms and conditions that will supplement this agreement. Any trial promotion (such as free trial time or trial access to a Upgraded Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a service fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Upgraded Service.

Electronic Delivery Policy

Famdazzle, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY Famdazzle PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM Famdazzle ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that Famdazzle generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to Famdazzle during registration or (2) Famdazzle may post Notices on a welcoming screen or top page of the relevant Famdazzle Product. You agree that certain upgraded services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of Famdazzle.com. The delivery of any Notice from Famdazzle is effective when sent by Famdazzle, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Miscellaneous

A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Upgraded Services and governing law shall survive the termination of these Terms of Service, your Upgraded Services and your registration with the Famdazzle Products. B. These Terms of Service and any operating rules for any areas of functionality of the Famdazzle Products established by Famdazzle constitute the entire agreement between Famdazzle and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific Famdazzle Product, these Terms of Service will supersede such other terms of service or operating rules.