These Terms of Use (“Terms”) govern your access to and use of the Famedy website (the “Site”) and the services, features, content, or applications offered by Famedy, Inc. (“Famedy,” “we,” “us,” or “our”) (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy located at https://www.famedy.com/privacy-policy/.
1. User Agreement
a. Acceptance of Terms: By accessing or using the Services, you agree to these Terms, whether you are a registered user or just visiting. If you do not agree with these Terms, you must not access or use the Services.
b. Changes to Terms: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
2. Eligibility
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and are fully able and competent to enter into and abide by these Terms.
3. Privacy
Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information in accordance with our Privacy Policy.
4. User Content
a. Responsibility for User Content: Users may contribute content, including text, images, videos, and other materials (“User Content”). You are solely responsible for your User Content and the consequences of posting or publishing it.
b. License: By posting User Content on or through the Services, you grant Famedy a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Services.
c. Prohibited Content: You agree not to post User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable.
5. Intellectual Property
a. Ownership: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Famedy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. Trademarks: The Famedy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Famedy or its affiliates or licensors. You must not use such marks without the prior written permission of Famedy.
6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Famedy or users of the Services or expose them to liability.
7. Disclaimer of Warranties; Limitation of Liability
a. Disclaimer of Warranties: The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. Famedy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability: In no event will Famedy, its affiliates, licensors, or service providers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
8. Indemnification
You agree to indemnify, defend, and hold harmless Famedy, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
9. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Services will be filed only in the state or federal courts in and for New York, United States and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
10. Miscellaneous
a. Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Famedy regarding the Services.
b. Waiver and Severability: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.