familymatic

Terms of Service

The following terms and conditions govern all use of your familymatic website (“the Website”) and all content, services and products available at or through the Website. The Website is owned and operated by Familymatic. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Familymatic (collectively, the “Agreement”)

Please read this Agreement carefully before accessing or using your website. By accessing or using any part of your website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any services. If these terms and conditions are considered an offer by Familymatic, acceptance is expressly limited to these terms.

 

Your Account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Familymatic may suspend or remove any site that it considers inappropriate or unlawful, or otherwise likely to cause Familymatic liability. You must immediately notify Familymatic of any unauthorized uses of your account or any other breaches of security. Familymatic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

 

Responsibility of Contributors

If you or other members of the Website make any material (“Content”) available on the Website, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the viewing and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

 

Content submitted to the Website hosted by Familymatic for inclusion on the Website is entirely your own. Familymatic makes no claims on the Content submitted to the Website. If you delete Content, Familymatic will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Familymatic has the right (though not the obligation) to, in Familymatic’s sole discretion (i) refuse or remove any content that, in Familymatic’s reasonable opinion, violates any Familymatic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Familymatic’s sole discretion. Familymatic will have no obligation to provide a refund of any amounts previously paid.

 

Fees and Payment

Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Familymatic the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

By signing up for a premium account you agree to pay Familymatic the monthly hosting fees indicated on the pricing and featues page in exchange for the services listed on that page. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Familymatic reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime without penalty.

 

Responsibility of Website Visitors

Familymatic has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Familymatic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Familymatic disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Familymatic does not have any control over those non-affiliated websites and webpages, and is not responsible for their contents or their use. By linking to a non-affiliated website or webpage, Familymatic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Familymatic disclaims any responsibility for any harm resulting from your use of non-Familymatic websites and webpages.

 

Copyright Infringement and DMCA Policy

As Familymatic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Familymatic violates your copyright, you are encouraged to notify Familymatic in accordance with Familymatic’s Digital Millennium Copyright Act (“DMCA”) Policy. Familymatic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Familymatic or others, Familymatic may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Familymatic will have no obligation to provide a refund of any amounts previously paid to Familymatic.

 

Intellectual Property

This Agreement does not transfer from Familymatic to you any Familymatic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Familymatic. Familymatic, and all trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Familymatic or Familymatic’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Familymatic or third-party trademarks.

 

Changes

Familymatic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Familymatic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination

Familymatic may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium account, such account can only be terminated by Familymatic if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Familymatic’s notice to you thereof; provided that, Familymatic can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

The Website is provided “as is” Familymatic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Familymatic nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

Limitation of Liability

In no event will Familymatic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Familymatic under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Familymatic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Familymatic Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification

You agree to indemnify and hold harmless Familymatic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

 

Miscellaneous

This Agreement constitutes the entire agreement between Familymatic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Familymatic, or by the posting by Familymatic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas.

 

 

 

Attribution

These terms are based upon the WordPress Terms of Service, and are licensed under Creative Commons Share-Alike 1.0. This means that you are free to use and edit them for your own purposes, even commercially, provided you release your new versions under the same license.