Terms of Service

Welcome to Familio

By accessing or using this site or our services, These Terms of Service ("Terms") govern your access to and use of the services and Familio's websites,apps and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

We reserve the right to change or modify these site terms or any policy or guideline of our site, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Privacy Policy

Any information that you provide to Familio is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Familio.

Password

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Familio cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

User Content and Appropriate conduct

You understand that all information, data, text, photographs, graphics, video or other materials ("Content") are the sole responsibility of the person from which such Content originated. Familio shall have no obligation, to pre-screen, refuse or move any Content available via Familio. You understand that by using Familio you may be exposed to Content that is offensive, indecent or objectionable, and that you use Familio at your own risk.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Familio and for any consequences thereof. You agree to use Familio only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Familio or servers or networks connected to Familio. To report any activity or Content that may violate the Terms of Service, please email report@famil.io

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

We do not own the User Content you post to out site. We will NEVER use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display YOUR content on or in connection with our site.

Familio allows you specify a set of people ("Family") you'd like to share your moments with. The people you specified (and only they) can make a moment you shared with them visible to their own Family. If they choose to do so, we'll notify you after the fact by email. The people you define as Family will have access to your personal content. By adding them to your Family in Familio you are granting them permission to copy your content, the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that content.

You must not add people who are not part of your real Family or close friends of the family to your Family.

Third Party Content

We provide third party content on our site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.

Hyperlinks

You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use, frame or utilize framing techniques to enclose any Familio trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.

Advertisements and Third Party Products and Services

We may run advertisements and promotions from third parties on our site or may otherwise provide information about or links to third-party products or services on our site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Familio advertisers or third party information on our site.

Copyright and Limited License

Unless otherwise indicated on our site, our site and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these site terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these site terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these site terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these site terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our site, the Site Materials, the Interactive Areas and/or our services; (ii) your conduct; (iii) your violation of these site terms or your violation of the rights of any third party; or (iv) any User Content.

Disclaimer

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, "FAMILIO CONTENT/SERVICES") ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY FAMILIO CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY FAMILIO CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL FAMILIO CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE FAMILIO CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE FAMILIO CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyrights

Familio respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Familio will also terminate a user's account if the user is determined to be a repeat infringer.

Please report any copyrights related issues to copyrights@famil.io

Governing Law and Jurisdiction

Your use of the Familio Services and these terms of use shall be governed in all respects by the law of the State of New York, without giving effect to its conflict of laws provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that any action brought against Familio arising out of or relating to the Familio Services or these terms of use may be brought only before the courts of New York, New York. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH Familio; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Termination

We have the right, without notice and in its sole discretion, to terminate your license to use our site, and to block or prevent your future access to and use of our site.

Contact us

Questions or comments about our site may be directed to us at the email address info@famil.io