1. ACCEPTANCE OF TERMS
Family eJournal.com provides the following service to you and the
registered users in your family, subject to these Terms of Service
("TOS"), which may be updated periodically without notice.
Failure to comply with these TOS may result in account revocation.
2. DESCRIPTION OF SERVICE
Family eJournal.com is a web-based service that allows its registered
users to communicate with other members of their family using various
proprietary and non-proprietary means (herein referred to as "Family
eJournal", or "the Service"). The Service can be
updated through a web browser. Once registered with Family eJournal.com,
each family receives their own private area to post text, data,
messages, information, music, sound, photography, graphics, and
video in order to communicate with one or more family members ("the
Content"). Content postings may be available for viewing by
all or designated family members. This Content may reside on Family
eJournal’s servers or on the servers of a third party, and
is subject to the Family eJournal.com Privacy
Policy.
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. Family eJournal 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.
Free Accounts: FamilyeJournal.com accounts are available for
free, for a limited time, to all valid registrants. Free accounts
also may be offered under certain circumstances whereby a third
party may pay the fees. Also, all new accounts come with a minimum
free two-week trial period.
Paid Accounts: Paid accounts are available for a monthly fee
and provide users with continual use and access to all features
that FamilyeJournal.com offers. These accounts are issued in accordance
with the terms set forth by
http://www.familyejournal.com/subscription_info.php.
Paid accounts are non-transferable and non-refundable. Once a
user name is chosen and paid for, that user owns it until the
membership is deleted, whether by FamilyeJournal.com or the user.
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 Family eJournal 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 Family eJournal, 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.
5. FAMILY eJOURNAL.COM PRIVACY POLICY
For information on Family eJournal’s privacy practices, please
see the entire privacy policy. Should
you feel that FamilyeJournal.com’s privacy policy is not sufficient
for you to complete the registration form, please email your policy
concerns to info@FamilyeJournal.com.
6. INDEMNITY
You agree to indemnify and hold Family eJournal.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.
10. TERMINATION
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 Family eJournal account for posting your own advertisements
or promotions is strictly prohibited. Such use of the Service may
result in account revocation.
12. LINKS
Family eJournal.com may provide links on its site to other World
Wide Web sites 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 Family eJournal code and specifications
are the sole property of Family eJournal.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. Family eJournal
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.
Family eJournal.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.
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 Family eJournal.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 Family eJournal 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 Maryland, 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 Howard County,
Maryland, 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.
