|
Sign Up | Login
|
Please read these Terms of Use carefully before using this web site. By using this web site, you signify your agreement with the Terms of Use of FamilyCollective.com (FC).
1. Definitions.
This Web site is the interactive online service operated by FamilyCollective.com ("FC"), on the World Wide Web of the Internet, and consists of information, services, and content provided by FC. "User" means each person who accesses FC's Web site. By accessing the Web site, User is deemed to have agreed to comply with all of the terms of use hereof.
2. General.
FC shall have the right at any time to change or discontinue any aspect or feature of the Web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
FC shall have the right at any time to change or modify the terms of use applicable to User's use of the Web site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Web site or by any means of notification by which User obtains actual knowledge thereof. Any use of the Online Services by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, additions or deletions.
4. Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Online Services and all charges related thereto.
5. User Conduct.
(A) User shall use the Web site for lawful purposes only. User shall not post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without FC's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in FC's discretion restricts or inhibits any other User from using or enjoying the Web site will not be permitted.
(B) The Web site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Web site are copyrighted as a collective work under the United States copyright laws. FC owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of FC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
(C) User shall not upload, post or otherwise make available on the Web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. User shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. User hereby grants FC the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on the Online Services by User, including but not limited to any material posted by User on the Web site's bulletin boards and forums, and any email queries submitted by User to FC, including without limitation publish and distribute such material on the Web Site and in any print publications published and distributed by FC or any of its affiliates. Specifically, without limitation, FC may from time to time reproduce selected User email queries on its bulletin boards or forums so that other Users may respond hereto.
6. Disclaimer of Warranty; Limitation of Liability.
(A) User EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT User'S SOLE RISK. FC DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. User SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER UserS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH User.
7. Monitoring.
FC shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by FC. FC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, FC shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this User's Agreement access to the Web site.
8. Hyperlinks Notice.
This web site may link to sites not maintained by or related to FC. Such hyperlinks are provided as a service to Users and may not be sponsored by or affiliated with this web site or FC. FC has not reviewed any or all of the sites hyperlinked to or from this web site and is not responsible for the content, products, services, advertising, or other matters presented in any other sites. These links are to be accessed at the User's own risk, and FC and its affiliates make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from this web site. Access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms of Use and privacy policies.
If a third party links to this web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with FC or its affiliates. In addition, if a third party has linked to this web site, it does not imply that we are endorsing such web site or its products.
9. Indemnification.
User agrees to indemnify and hold harmless FC from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by User or User's Account.
10. Legal Claims and Enforcement.
This Terms of Use agreement shall be governed by and construed and enforced in accordance with the laws of the State of Colorado , as it is applied to agreements entered into and to be performed entirely within that State, without giving effect to any principles of conflicts of laws. Any legal action concerning this Terms of Use agreement or this web site must be brought only in either the state or federal courts located in and for Denver County, Colorado, and you expressly consent to the jurisdiction of said courts.
11. Modification of Terms of Use.
FC reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time without notice and you agree to be bound by such modifications, alterations, and revisions. Accordingly, you should review these Terms of Use regularly.
|
|
|
|