The Family Post Terms & Conditions
Welcome to The Family
Post! For the protection of our customers and business partners, we appreciate
your review of these terms and conditions. The Family Post, Inc. and its
affiliates provide their media hosting, photo products and related services to
you subject to the following conditions. If you visit or make any purchase at
TheFamilyPost.com, you accept the following terms and conditions.
SUBSCRIPTIONS
The Family Post provides its media hosting services on either a monthly or
annual basis. By purchasing your website from The Family Post and agreeing with
the applicable monthly or annual hosting fee, you agree to pay all charges to
your account in accordance with the selected level of service, and the billing
terms in effect when payment is due. From time to time, The Family Post may
make introductory offers to allow you to try a website and hosting service
without charge for a period of time. If you purchase pursuant to such an offer,
you agree to be automatically charged for your hosting fee at your level of
service once your trial period expires, unless you terminate your account prior
to 11:59 p.m. PST on the last day of your trial period. Your hosting fee will
begin once your introductory trial period ends.
The Family Post reserves the right to modify or add additional fees and billing
terms, upon prior notice to the members on our website. The Family Post may
change the Services it offers at any time.
Unless you terminate your account, the credit card designated on your account
will continue to be billed the applicable monthly hosting fee. Members must
keep their registered email addresses and other account information current, as
The Family Post may send important notices, such as reminders about the end of
the annual period, to that email account. If you decide to upgrade to a higher
level of service, the credit card designated on your account will be billed for
the difference in price.
In connection with recurring billing for the monthly hosting fee or billing for
upgrades, we may receive updated information about your account from the
financial institution issuing your credit card. If we are unable to process
your credit card payment, your account will be terminated at the end of its
current month.
SUBSCRIPTION TERMINATION
The Family Post agrees to terminate your account at any time upon notice from
you, at customerservice@thefamilypost.com.
The Family Post may terminate your account or your access to and use of the
Services, with or without cause at any time and effective immediately, at The
Family Post's sole discretion, for any reason, including but not limited to your
failure to conform with these Terms. If you violate these Terms, The Family Post,
Inc. in its sole discretion, may also elect to require you to remedy any
violation of these Terms, and/or take any other actions that The Family Post
deems appropriate to enforce its rights and pursue all available remedies.
Upon your termination of your account, you will not receive a refund for any
monthly fees previously charged to, or still remaining, on your account. In the
event we have to collect unpaid amounts owed to The Family Post on your
account, you will be liable for all attorneys' and collection agency fees.
PRIVACY
The Family Post, Inc. has established a Privacy Policy to explain to you how
your information is collected and used. Your use of The Family Post website or
the Services signifies acknowledgement of and agreement to our Privacy Policy.
This Privacy Policy can be found online at http://www.thefamilypost.com/privacyPolicy.htm
If you are a resident of the European Union, you understand and agree that The
Family Post, Inc. stores and processes your information on computers located in
the United States, and by providing any data to The Family Post, you consent to
the transfer of such information to the United States.
You acknowledge and agree that The Family Post may disclose your personal
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to comply with legal process, to carry out
these Terms, or to protect the rights, property, or personal safety of The
Family Post, Inc. its employees, users and third parties, and the public.
ELECTRONIC COMMUNICATIONS
When you visit TheFamilyPost.com, or send e-mails to us, you are communicating
with us electronically and you consent to receive communications from us electronically.
We will communicate with you by e-mail to your registered email address or by
posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically,
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, icons,
images, photographs, audio clips, video clips, digital downloads, data
compilations, and software, is the property of The Family Post, or its members
who upload photographs or other media, or its content and software suppliers
and is protected by United States and international copyright laws. The Family
Post's selection, coordination and arrangement of all content on this site is
the exclusive property of The Family Post, Inc. and is protected as a
compilation by U.S. and international copyright laws. All software used on this
site or in conjunction with the Services provided is the property of The Family
Post, Inc. or its software suppliers and is protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
The Family Post grants you a limited license to access and make personal use of
this site but not to download (other than page caching) or modify it or any
portion of it, except with the express written consent of The Family Post. This
license does not include any resale or commercial use of this site or its
contents. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of The Family Post, Inc. Any
unauthorized use terminates the permission or license granted by The Family
Post.
You are granted a limited, revocable, and nonexclusive right to create
hyperlinks to The Family Post pages so long as the links do not portray The
Family Post or its suppliers or their products or services in a false or
misleading manner.
ACCOUNT SECURITY
If you subscribe to The Family Post hosting service, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You further agree to
immediately notify The Family Post of any unauthorized use of your account or
any other breach of security known to you.
The Family Post uses industry standard security measures to protect the loss,
misuse and alteration of the information under our control. Although we make
good faith efforts to store the non-public information collected by The Family
Post website in a secure operating environment that is not available to the
public, we cannot guarantee complete security. Further, while we make every
effort to ensure the integrity and security of our network and systems, we
cannot guarantee that our security measures will prevent third-party
"hackers" from illegally accessing our site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND
OTHER CONTENT
Use of the Services by you is subject to all applicable local, state, national
and international laws and regulations. You may post reviews, comments,
suggestions, ideas, questions, or other information (collectively
"Content"), so long as the Content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam."
The Family Post reserves the right (but not the obligation) to remove or edit
Content, but does not regularly review posted Content.
LICENSE GRANTED BY USERS
The Family Post does not claim ownership in the photographs, videos or other
media created or uploaded by Members ("Media"). The Family Post will
not resell Media to third parties. Unless we indicate otherwise, if you upload
Content, including any Media, to The Family Post site, you grant The Family
Post a nonexclusive, royalty-free right to publish, distribute, and display the
Content as we deem appropriate in providing the Services authorized or
requested by you, including the right to use the name that is submitted in
connection with such Content. You further understand and agree that, in order
to help ensure smooth operation of our system, we may keep backup copies of
Content indefinitely.
You represent and warrant that you own or otherwise control all of the rights
to the Content (including without limitation Media) that you post; that use of
the Content you supply does not violate these Terms of Use and will not cause
injury to any person or entity; and that you will indemnify The Family Post for
all claims resulting from Content you supply. The Family Post has the right but
not the obligation to monitor and edit or remove any activity or Content. You
understand and agree that The Family Post takes no responsibility and assumes
no liability for any Content posted by you or any third party.
COPYRIGHT COMPLAINTS
The Family Post respects the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact The Family Posts agent for notice of claims of
copyright or other intellectual property infringement at customerservice@thefamilypost.com
or The Family Post, 3240 El Camino Real, Ste. #230, Irvine, CA 92602.
Please provide our Agent with the following Notice:
(1) Identify the copyrighted work or other intellectual property that you claim
has been infringed;
(2) Identify the material on The Family Post site that you claim is infringing,
with enough detail so that we may locate it on the website;
(3) A 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;
(4) A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
The Family Posts Agent will forward this information to the alleged infringer.
NUDITY
The Family Post must remain a safe site for families with children, so we
prohibit the uploading and display of photographs or other Media portraying
explicit nudity that would be unacceptable in a public museum where minors
visit, for example. If your photos would only be suited for adult sites, adult
magazines, or R-rated movies, they are not suitable for The Family Post.
Judgment of suitable Media is the sole discretion of The Family Post, and The
Family Post reserves the right to delete any photographs or other Media it
deems to violate this policy and/or to cancel the account of any subscriber who
posts photos or other Media violating this policy.
ORDERING PHOTO PRODUCTS
By placing an order for any photo products through The Family Post or related website, customers acknowledge that they may not recover from such providers any indirect, incidental, consequential, special, exemplary or punitive damages, and that The Family Post's providers' liability to consumers is capped at $100 per order or the retail cost of the order, whichever is less.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY
IN NO EVENT SHALL THE FAMILY POST, INC. OR ITS PROPRIETORS, OPERATORS,
EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR
RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR ANY ASSOCIATED
SOFTWARE, SERVICE, AND/OR ANY IMAGES, GRAPHICS OR OTHER CONTENT, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INJURY TO FILES, DATA, EQUIPMENT
OR OTHER PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN THE EVENT THE FAMILY POST IS HAVING TECHNICAL PROBLEMS AND YOUR
WESITE IS DOWN, WE WILL NOT BE LIABLE FOR THE INABILIYT TO USE YOUR WEBSITE OR
THE LOSS OF YOUR PERSONAL INFORMATION.
THIS SITE IS PROVIDED BY THE FAMILY POST ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE FAMILY POST MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FAMILY POST DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE
FULLEST EXTENT PERMITTED BY LAW, THE FAMILY POST DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS
WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR
OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE FAMILY POST
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL THE FAMILY POST BE LIABLE ON ACCOUNT OF YOUR USE
OR MISUSE OF THE FAMILY POST WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE FAMILY POST WEBSITE OR THE SERVICES, FROM INABILITY
TO USE THE FAMILY POST WEBSITE OR THE SERVICES, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FAMILY POST WEBSITE
OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FAMILY
POST CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE
COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR
SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS
LIMITED TO $100 PER ORDER, OR THE RETAIL COST OF THE ORDER, WHICHEVER IS LESS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY
You agree to indemnify and hold The Family Post, its subsidiaries, affiliates,
successors, assigns, directors, officers, agents, employees, service providers,
and suppliers harmless from any dispute that may arise from your breach of
these Terms & Conditions or violation of any representations or warranties
contained in these Terms. You also agree to hold The Family Post harmless from
any claims and expenses, including reasonable attorney's fees and court costs,
related to any media or other material you provide to or post on The Family
Post.
Regarding
the ordering and sale of photo products, you specifically agree to DPI will
include its providers such as Qualex in the disclaimers and limitations of
liability in the terms and conditions or similar portion of each DPI Site, in
such a manner that consumers acknowledge prior to placing an order for the
Fulfillment Services that they may not recover from such providers any
indirect, incidental, consequential, special, exemplary or punitive damages,
and that DPI's providers' liability to consumers is capped at $100 per order or
the retail cost of the order, whichever is less.
APPLICABLE LAW
By visiting TheFamilyPost.com, you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms &
Conditions and any dispute of any sort that might arise between you and The
Family Post.
MERGER OR ACQUISITION
It is possible that as we continue to develop our website and our business, The
Family Post Services and/or related assets might be acquired or transferred as
part of a merger. In the event of such a transaction, you understand and agree
that The Family Post may assign its rights under these Terms and that your
personal information may be transferred to the succeeding entity. You will be
provided with reasonable notice and an opportunity to opt-out of the transfer.
DISPUTES
Any dispute relating in any way to your visit to thefamilypost.com or to
products you purchase through thefamilypost.com shall be submitted to
confidential arbitration in Irvine, California, except that, to the extent you
have in any manner violated or threatened to violate The Family Posts
intellectual property rights, The Family Post may seek injunctive or other
appropriate relief in any state or federal court in the state of California,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise. Any
cause of action you may have with respect to your use of the Service must be
commenced within one (1) year after the claim or cause of action arises.
SITE POLICIES, MODIFICATION, AND
SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms of
Use at any time. Should you object to any terms and conditions of these Terms
of Use or any subsequent modifications thereto or become dissatisfied with The
Family Post in any way, your only recourse is to immediately: (1) discontinue
use of The Family Post, and (2) terminate your The Family Post subscription by
emailing customerservice@thefamilypost.com
with your request to cancel your subscription. If any of these conditions shall
be deemed invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity and enforceability of any
remaining condition.