1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
3. ACCOUNT STRUCTURE
All accounts are subject to applicable law including the Children’s Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering. FamilyeJournal requires that a member be at least 18 years old to register for an account; children under 13 may be designated by that adult as registered family members.
- Membership Account Fees: FamilyeJournal.com membership is available and listed on the registration page. Free accounts also may be offered under certain circumstances whereby a third party may pay licensing or partnering fees.
By registering, you hereby agree to these TOS and this account structure, and to FamilyeJournal.com’s right to change, modify, or otherwise discontinue any type of account and/or its respective services.
4. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a FamilyeJournal membership. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to FamilyeJournal, you are hereby required to update that information as soon as possible. Should FamilyeJournal.com have reason to believe that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.
You agree to indemnify and hold FamilyeJournal.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, due to or arising out of posting of Content or use of or connection to the Service by you or any family member or third party given access to your family's private area, or due to or arising out of violation of the TOS or violation of any rights of another by you or any family member or third party given access to your family's private area. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FamilyeJournal.com may establish general practices and limits concerning use of the Service and may modify those general practices at any time.
8. MODIFICATIONS TO SERVICE
FamilyeJournal.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that FamilyeJournal.com shall not be liable to you, to any family member, or to any third party for any modification, suspension or discontinuance of the Service. If service is suspended or discontinued and your membership was fee based then no fees will be charged as of the date of suspension or discontinuance.
9. NO RESALE OF SERVICE
You agree that your family membership entitles your registered family members to use the Service. You agree that you and your family members are not granted any right to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
You agree that if FamilyeJournal.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS, FamilyeJournal.com, in its sole discretion, may terminate your password, journal, or account, and remove and discard any Content posted in connection with your membership for the Service and agree that you have no continuing rights, express or implied, in such Content or any portion thereof. FamilyeJournal.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FamilyeJournal.com may immediately deactivate or delete your FamilyeJournal.com journal and all related information and files. FamilyeJournal.com reserves the right to bar any further access to such files or the Service. You agree that FamilyeJournal.com shall not be liable to you or any family member or third-party for any termination of your access to the Service or deletion of Content. No refunds will be paid upon termination of accounts; no further charges will be made following termination of any paid account.
11. ADVERTISEMENTS AND PROMOTIONS
FamilyeJournal.com reserves the right to run advertisements and promotions on the FamilyeJournal.com Service. By using FamilyeJournal.com, you agree that FamilyeJournal.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by FamilyeJournal.com are subject to change. You agree that FamilyeJournal.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You agree that use of your FamilyeJournal account for posting your own advertisements or promotions is strictly prohibited. Such use of the Service may result in account revocation.
FamilyeJournal.com may provide links on its site to other Internet websites or resources. Because FamilyeJournal.com has no control over such sites and resources, you acknowledge and agree that FamilyeJournal.com is not responsible for the availability or content of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FamilyeJournal.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource.
13. FAMILYEJOURNAL.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All FamilyeJournal code and specifications are the sole property of FamilyeJournal.com and no rights or licenses are granted in connection with use of the Service.
14. JOURNAL CONTENT
Guidelines for your journal (Content) shall be as follows:
- All Content posted to FamilyeJournal.com in any way, is the responsibility of the person posting such Content. FamilyeJournal encourages use of the Service in a manner that maintains Content suitable for all intended recipients, but is not responsible for pre-screening, monitoring or filtering any journal Content. Except as may be required by applicable law, FamilyeJournal.com will not place a limit on the type, or appropriateness of user Content within journals.
- You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content.
- FamilyeJournal.com claims no ownership or control over any Content posted by its users.
15. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from posting such Content. FamilyeJournal.com does not control Content posted via the Service and undertakes no responsibility or liability therefor.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- "Stalk" or otherwise harass another person or company.
- Collect or store personal data about other users for business purposes.
- Use FamilyeJournal.com as a forwarding service to another website.
- Allow usage by others in such a way as to violate FamilyeJournal.com’s TOS;
- Engage in commercial activities within FamilyeJournal or on
behalf of FamilyeJournal.com without prior approval. This includes,
but is not limited to, the following activities:
a. Displaying a banner that is designed to profit you or any other business or organization; and
b. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If any user is reported to be in violation of the letter or spirit of these terms, FamilyeJournal.com retains the right to terminate such account at any time without further warning.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAMILYEJOURNAL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FAMILYEJOURNAL.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILYEJOURNAL.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILYEJOURNAL.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF FAMILYEJOURNAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. GENERAL INFORMATION
The TOS posted from time-to-time on this website constitutes the entire agreement between you and FamilyeJournal.com and governs use of the Service by you and your family, superseding any prior agreements between you and FamilyeJournal.com (including, but not limited to, any prior versions of the TOS). The laws of the State of Virginia, U.S.A, shall govern the TOS and the relationship between you and FamilyeJournal.com without regard to its conflict of law provisions. You and FamilyeJournal.com agree to submit to the personal and exclusive jurisdiction of the courts located within Loudoun County, Virginia, U.S.A. The failure of FamilyeJournal.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.