FamilyLobby.com is a private and personal service that allows members to create unique websites online for their family or group. The services offered by FamilyLobby.com ("FamilyLobby.com" or "we") include the FamilyLobby.com website (the "FamilyLobby Website"), and any other features, content, or applications offered from time to time by FamilyLobby.com in connection with the FamilyLobby Website (collectively, the "FamilyLobby Services"). The FamilyLobby Services are hosted in the U.S.
FamilyLobby.com may modify this agreement from time to time and such modification shall be effective upon posting by FamilyLobby.com on the FamilyLobby Website. You agree to be bound to any changes to this agreement when you use the FamilyLobby 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.
Please choose carefully the information you post on FamilyLobby.com and that you provide to other Users. Your FamilyLobby.com websites may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other FamilyLobby.com Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FamilyLobby.com assumes no responsibility or liability for this material. If you become aware of misuse of the FamilyLobby Services by any person, please contact email@example.com.
FamilyLobby.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the FamilyLobby Services at any time, for any or no reason, with or without prior notice, and without liability. FamilyLobby expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of FamilyLobby Services if FamilyLobby determines, in its sole discretion, that you pose a threat to FamilyLobby and/or its Users.
1. Eligibility. Use of and Membership in the FamilyLobby Services is void where prohibited. By using the FamilyLobby Services, you represent and warrant that (a) you are 14 years of age or older; and (b) your use of the FamilyLobby Services does not violate any applicable law or regulation. Your website may be deleted and your Membership may be terminated without warning, if we believe that you are less than 14 years of age.
2. Term. This agreement shall remain in full force and effect while you use the FamilyLobby Services or are a member. You may terminate your Membership at any time, for any reason, by emailing firstname.lastname@example.org. FamilyLobby.com may terminate your membership at any time, without warning. Even after membership is terminated, this agreement will remain in effect, including sections 4-16.
3. Password. When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify FamilyLobby.com 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.
4. Non-commercial Use by Members. The FamilyLobby Services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FamilyLobby.com. Illegal and/or unauthorized use of the FamilyLobby Services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FamilyLobby Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FamilyLobby Services.
5. Proprietary Rights in Content on FamilyLobby.com.
1. FamilyLobby.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the FamilyLobby Services. After posting your Content to the FamilyLobby 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 FamilyLobby Services, you hereby grant to FamilyLobby.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the FamilyLobby Services.
FamilyLobby.com does not have the right to sell your content, nor does FamilyLobby.com have the right to distribute your content outside of the FamilyLobby Services.
2. You represent and warrant that: (i) you own the content posted by you on or through the FamilyLobby Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the FamilyLobby Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the FamilyLobby Services.
3. The FamilyLobby Services contain content of FamilyLobby.com ("FamilyLobby.com Content"). FamilyLobby.com content is protected by copyright, trademark, patent, trade secret and other laws, and FamilyLobby.com owns and retains all rights in the FamilyLobby.com content and the FamilyLobby Services. FamilyLobby.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the FamilyLobby.com Content (excluding any software code) solely for your personal use in connection with viewing the FamilyLobby Website and using the FamilyLobby Services.
4. The FamilyLobby Services contain content of users and other FamilyLobby.com licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FamilyLobby Services.
6. Content Posted.
1. FamilyLobby.com may delete any content that in the sole judgment of FamilyLobby.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FamilyLobby.com assumes no responsibility for monitoring the FamilyLobby Services for inappropriate content or conduct. If at any time FamilyLobby.com chooses, in its sole discretion, to monitor the FamilyLobby Services, FamilyLobby.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
2. You are solely responsible for the content that you post on or through any of the FamilyLobby Services, and any material or information that you transmit to other Members and for your interactions with other Users. FamilyLobby.com does not endorse and has no control over the content. Content is not necessarily reviewed by FamilyLobby.com prior to posting and does not necessarily reflect the opinions or policies of FamilyLobby.com. FamilyLobby.com makes 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 Members.
7. 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 FamilyLobby Services. FamilyLobby.com reserves the right to investigate and take appropriate legal action against anyone who, in FamilyLobby.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the FamilyLobby Services and terminating the Membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of FamilyLobby.com:
1. is patently offensive and 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. includes a photograph of another person that you have posted without that person's consent; or
13. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the FamilyLobby Website and through your use of the FamilyLobby Services. FamilyLobby.com reserves the right to investigate and take appropriate legal action against anyone who, in FamilyLobby.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any member to buy or sell any products or services through the FamilyLobby Services. You may not transmit any chain letters or junk email to other members. It is also a violation of these rules to use any information obtained from the FamilyLobby Services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FamilyLobby.com reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which FamilyLobby.com deems appropriate in its sole discretion. If you breach this agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FamilyLobby Services, you acknowledge that you will have caused substantial harm to FamilyLobby.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FamilyLobby.com $20 for each such unsolicited email or other unsolicited communication you send through the FamilyLobby Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any FamilyLobby.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the FamilyLobby Services or the networks or services connected to the FamilyLobby Services;
6. attempting to impersonate another member or person;
7. for band profiles, copying the code for your FamilyLobby Player and embedding it into other profiles or asking other members to embed it into their profiles;
8. using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the FamilyLobby Services in order to harass, abuse, or harm another person;
11. using the FamilyLobby Services in a manner inconsistent with any and all applicable laws and regulations.
8 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 the policy of FamilyLobby.com to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to FamilyLobby.com 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 FamilyLobby Services in a way that constitutes copyright infringement, please contact email@example.com,
9 Member Disputes. You are solely responsible for your interactions with other FamilyLobby.com Members. FamilyLobby.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11 Disclaimers. FamilyLobby.com is not responsible for any incorrect or inaccurate Content posted on the FamilyLobby Website or in connection with the FamilyLobby Services, whether caused by users of the FamilyLobby Services or by any of the equipment or programming associated with or utilized in the FamilyLobby Services. Websites created and posted by members on the FamilyLobby Website may contain links to other websites. FamilyLobby.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FamilyLobby.com. Inclusion of any linked website on the FamilyLobby Services does not imply approval or endorsement of the linked website by FamilyLobby.com. When you access these third-party sites, you do so at your own risk. FamilyLobby.com takes no responsibility for third party advertisements which are posted on this FamilyLobby Website or through the FamilyLobby Services, nor does it take any responsibility for the goods or services provided by its advertisers. FamilyLobby.com is not responsible for the conduct, whether online or offline, of any User of the FamilyLobby Services. FamilyLobby.com assumes 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, any User or Member communication. FamilyLobby.com is 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the FamilyLobby Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FamilyLobby Services. Under no circumstances shall FamilyLobby.com be responsible for any loss or damage, including personal injury or death, resulting from use of the FamilyLobby Services, attendance at a FamilyLobby.com event, from any Content posted on or through the FamilyLobby Services, or from the conduct of any Users of the FamilyLobby Services, whether online or offline. The FamilyLobby Services are provided "AS-IS" and as available and FamilyLobby.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FamilyLobby.com cannot guarantee and does not promise any specific results from use of the FamilyLobby Services.
12 Limitation on Liability. IN NO EVENT SHALL FAMILYLOBBY.COM 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 THE SERVICES, EVEN IF FAMILYLOBBY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAMILYLOBBY.COM'S LIABILITY TO YOU 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 FAMILYLOBBY.COM FOR THE FAMILYLOBBY SERVICES DURING THE TERM OF MEMBERSHIP.
13 U.S. Export Controls. Software available in connection with the FamilyLobby Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the FamilyLobby Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14 Disputes. If there is any dispute about or involving the FamilyLobby Services, you agree that the dispute shall be governed by the laws of the State of California, 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 California, City of Los Angeles. Either FamilyLobby.com or you may demand that any dispute between FamilyLobby.com and you about or involving the FamilyLobby Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent FamilyLobby.com from seeking injunctive relief in a court of competent jurisdiction.
15 Indemnity. You agree to indemnify and hold FamilyLobby.com, its 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 the FamilyLobby Services in violation of this agreement and/or arising from a 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 FamilyLobby Website or through the FamilyLobby Services causes FamilyLobby.com to be liable to another.
16 Other. This agreement is accepted upon your use of the FamilyLobby Website or any of the FamilyLobby Services and is further affirmed by you becoming a Member. This agreement constitutes the entire agreement between you and FamilyLobby.com regarding the use of the FamilyLobby Services. The failure of FamilyLobby.com 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. FamilyLobby.com is a trademark of FamilyLobby, 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.
Please contact us at firstname.lastname@example.org with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.