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OUR TERMS OF SERVICE Welcome to the Our-FamilySpace Internet service (the "Service"). This document explains the terms and conditions for using our Service (the "Agreement"). By using our Service, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Service. This Agreement was last updated on: Tuesday, October 09, 2007.
YOUR ACCOUNT & PASSWORD.
USING OUR CONTENT & SERVICE. Displaying Our Logo. Registered members in good standing are granted the nonexclusive, worldwide right and license to publicly display our Logo on their registered web site. The Logo may not be altered or merged with other Logo or trademarks. If we issue a new version of the Logo, you should replace the old one as soon as practicable. If your membership is suspended or terminated, you will promptly remove the Logo and stop using it. Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content from below our top-most URL. You will remove any such link to our Service that we find objectionable promptly upon request. Our Remote Software Applications. Our Service offers users the ability to license and make remote use of software applications and components operated from our servers. Your use of any remotely hosted software application will be governed by the license agreement accompanying such "Remote Hosted Application." In the absence of any such terms, and subject to your payment of any applicable fees, you are granted a personal, revocable, non-transferable license to access remotely and use the Remote Hosted Application from your computer to process your own data in support of your own personal or internal business processes. A Remote Hosted Application designated by our Service as an active "web site component" may be incorporated as an integral feature of your web site and made available to users of your site. Unless expressly authorized, you may not charge a separate fee for making Remote Hosted Applications available to others. Unless you are expressly authorized to "private label" a Remote Hosted Application, you should ensure the feature is properly designated as originating from our Service. Except as stated in a separate agreement, Remote Software Applications licenses are revocable, non-transferable and provided "AS-IS" and "AS AVAILABLE". Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Service are copyrighted by the Service, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Service and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Service. You may not reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS. Permission to Publish. Our Service does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Service (and any affiliates and sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Service and to make such incidental and additional uses as may be needed to operate the Service and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications. Your Personal Our-FamilySpace. Our Service allows registered users to create a personal Our-FamilySpace page and to upload and manage content for those pages ("Personal Our-FamilySpace Pages"). Personal Our-FamilySpace Pages are for personal and Project use. The amount of storage space for Personal Our-FamilySpace Pages is limited. Please view the applicable FAQs or instructions to determine storage limitations. Your Hosted Web Site. Our Service allows registered users to create a Our-FamilySpace web sites hosted by our Service and to upload and remotely manage their own content and communications ("Hosted Sites"). The amount of storage space for Hosted Sites is limited. Please view the applicable FAQs or instructions to determine storage limitations. Registered operators may transact business on their Hosted Site. Any supplemental business services provided by us or by third party suppliers to Hosted Sites (e.g., order fulfillment or payment processing services) may be governed by supplemental terms, conditions and fees. Your Virtual Our-FamilySpace. Our Service allows registered users to upload, store and retrieve files in private areas of our system ("Our-FamilySpace"). Please view the applicable FAQs or instructions to determine space limitations. If you register for a Our-FamilySpace, you may access and upload your files into the Our-FamilySpace, manage your files and download them later. You may use legally permissible utilities to encrypt files before uploading them to your Our-FamilySpace. Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Service at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Service. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other user. Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Service. You will not use the Service to violate any applicable law, including U.S. or foreign securities laws or regulations. In order to protect itself, the Service may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Service or to use a competitor's service. Anti-Spam Restriction. You will not use our Service to make any Communications which are unsolicited bulk advertising or promotional messages ("spam"), so-called "chain letters," pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Service. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of $3 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
APPLICABLE CHARGES & PAYMENT.
SYSTEM SECURITY.
OUR PRIVACY POLICY.
WARRANTIES & LIABILITIES. No Professional Relationship. THIS SERVICE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SERVICE DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS. Limitation of Liability. YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. Indemnification. You agree to defend, indemnify and hold harmless the Service and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Service, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement. Limitation of Remedies. You agree that if the Service breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Service. This applies regardless of whether the remedy fails of its essential purpose. Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
FORCE MAJEURE.
NO OUTSIDE CONTACTS.
INJUNCTIVE RELIEF.
GOVERNING LAW.
TECHNOLOGY & DATA TRANSFER. European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Service is governed by the European Union Data Protection Directive or nationals laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Service.
U.S. GOVERNMENT RESTRICTED RIGHTS.
RELATIONSHIP OF PARTIES.
RIGHT TO RELY ON INSTRUCTIONS.
CHANGES TO SERVICE.
TERMINATION.
NOTICE TO CALIFORNIA RESIDENTS. Pricing Information: Current rates for using the Service may be obtained by calling (919-649-8104). The Service reserves the right to change fees, surcharges or to institute new fees at any time, as provided in this Agreement. Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
MISCELLANEOUS.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
Snail Mail or Email it to us:
Our-FamilySpace © 2007 | Privacy Policy | Terms Of Use 415 E. Main St. Suite - 318 Canfield Oh, 44406 Tel: (330) 719-4612 | Tollfree: (800) 670-8334 |
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