Welcome to the FamilyApp®, operated by Family Digital Incorporated, a Delaware Corporation, (“the Corporation”). Thank you for accessing our products and services (together, the “Services”) for your personal and non-commercial use.
2. Contractual Obligations.
a. Actions undertaken by Users to interact with the Services, as set forth above, are voluntary actions on the part of the Users, and do not establish any specific contractual relationship between the Users and the Corporation, except as may be set forth by separate explicit paid contractual agreements between the Corporation and individual Contract Users, and Contracting User Organizations (“Providers”).
b. When the FamilyApp® is provided as a paid service to any Providers, separate terms and conditions of that engagement will be established in a Provider Agreement for the Services between such Providers and the Corporation.
3. Privacy and Security.
b. Users are cautioned that, while the Corporation has taken appropriate steps to provide a medium for secure data exchange between Users via the Services, and between individual Users and the Services, most information transmitted over the Internet is, by its nature, not secure. As such confidentiality of data provided by Users cannot be absolutely guaranteed by the Corporation. Use of the Services is undertaken subject to this understanding on the part of the Users. The Corporation incurs no liability with respect to public release of any User information that may be obtained by any individual or entity bypassing or circumventing the extensive data security protocols established by the Corporation in the Services for the protection of User information. Information of a legally confidential, proprietary or privileged nature should never be electronically exchanged via the Services.
c. Where access protocols are established for the benefit of the Users, protection of access via those secured interfaces is the sole responsibility of the Users. Users expressly agree to not take any action to circumvent, bypass, or otherwise render ineffective the security protocols established by the Corporation for the use of the Services, including the sharing of log-in credentials, user identifications, screen names and/or associated passwords.
d. The Services provide a medium by which Users may create, upload, post, send, receive and store data content, including personal data content. Users retain ownership rights in the data content provided to, or via, the Services. Users grant to the Corporation a non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, display, and otherwise use the data content of the Users for the purpose of operating, developing, providing and improving the Services, and researching and developing new services. When Users participate in group chats, or employ a bot that relays User chats to others, Users grant to the Corporation a license to distribute, publish and promote User data content in the group or through the bot, including the unconditional right of the Corporation to share User data content with the operator of the bot.
f. The Corporation appreciates User feedback and suggestions about FamilyApp® and the Services. By providing feedback and suggestions, Users grant to the Corporation permission to use the feedback and suggestions, and any User ideas as the Corporation, in its sole discretion, deems appropriate, without remuneration or compensation to the User.
4. Ownership of the Services.
The Services in their current form, or in any updated form that may be presented by the Corporation in the future at the sole discretion of the Corporation, are now, and will forever remain, the sole property of the Corporation and its successors and assigns. Actions undertaken by Users to interact with the Services are with the permission of, and under a limited non-exclusive use license provided by, the Corporation, and do not establish any ownership rights in the Users with respect to the Services.
5. Acceptable Use of the Services.
6. Limitations on Liability.
a. The Corporation provides the Services AS-IS. The Corporation provides no warranties of any kind with respect to the use of the Services, including but not limited to NO WARRANTY TO ANY USER EXPRESS OR IMPLIED. The Corporation SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
b. The Corporation provides no warranty as to the accuracy of any content provided to Users by the Services, and any non- Corporation-associated entity via the Services. Although every effort is made to ensure that the material in the Services is accurate, timely and complete, the Corporation makes no warranties or representations as to the accuracy, timeliness or completeness of the content, or whether the content is free from changes, including those caused by Third Parties.
c. The Corporation does not provide, via the Services, any manner of professional advice of any kind including, but not limited to legal, medical, business, investment or other like professional advice. Any reliance by a User on any information or purported advice provided by, or via, the Services, to the User’s benefit or detriment, is the sole responsibility of the User, and no recourse is available by the User as to the Corporation with respect to such beneficial or detrimental reliance. In circumstances in which such advice appears to be provided via the Services, Users are cautioned to seek the counsel of professionals for legal advice, medical advice/diagnosis/treatment, business and investment counseling, and the like.
d. The Corporation has made every reasonable effort to debug the Services, and to ensure that the Services are compatible for use with common operating systems available on most commercially-available personal electronic devices. The Corporation makes no warranties or representations that the Services will operate, without error, on any personal electronic device, and assumes no liability for interruptions, errors, computer viruses or other hazards to a User’s personal electronic devices resulting from the User’s interactions with the Services.
f. For Providers, the Corporation maintains an interface for access to certain Internet content, and links to particular Third Party electronic media content, via the Services. The Corporation provides this capability in a neutral, non-discriminatory manner on the part of the Corporation and its representatives, and at the specific request of the Providers. The Corporation assumes no liability for the accessibility, or lack of accessibility, to particular content at the request of, and according to contractual obligations with, Providers of the Services. In such circumstances, providing access (e.g., through white listing), or limiting access (e.g., black listing), to certain content, as requested by a Provider, is at the sole discretion of the Provider, and does not imply endorsement or acceptance of the accessible content by the Corporation, or disparagement or rejection of the particularly Provider-requested non-accessible content by the Corporation. [NOTE: We should not go any further than this in our “Policy.”
7. Intellectual Property Protection
/ 2. The non-exclusive use license granted by the Corporation to Users (see paragraphs 4. and 5. above) extends to the downloading and/or printing of information from the Services to a User’s electronic devices for personal, informational, and non-commercial use by the User, providing copyright and proprietary information remains intact.
3. The term “FamilyApp” has special meaning as it pertains to the digital product of the Corporation, and FamilyApp® is a trademark of the Corporation. All other trademarks, service marks and logos in content provided or accessed by the Services are the trademarks, service marks or logos of respective owners.
4. The Corporation makes no claim or warranty that use of the Services does not infringe any Third Party’s patent, or other intellectual property protection, rights.
8. Reservation of Rights.
9. Assertion of Rights.
10. Contact Address.
One Freedom Square
Reston Town Center
11951 Freedom Drive
Reston, VA 20190-5656
Updated May 15, 2013