Terms & Conditions
Welcome to famlu.com. The following represents terms and conditions (the "Agreement") that you must read and accept before using our services.
Famlu.com (the "Website") is an online service (the "Service") owned and operated by Famlu Inc. ("Famlu.com", "Famlu", "we", "our" or "us").
"You" or "your" refers to authorized users of the Service this may include the users, the parent or guardian for of a user under the age of 18 expressly invited to join your Private Family Web Site.
The Service is intended for adult users. However, if a current user invites a minor to join your Family Web Site, the inviting users assumes responsibility for monitoring the minor’s activity on the Service.
ACCEPTANCE OF TERMS
This website and associated services are offered to you based on your acceptance without modification of all the terms, conditions, and notices set forth below. Your access and/or use of this Website in any manner implies that you agree to be bound by these Terms and Conditions.
We reserve the right at any time to change or otherwise modify these terms and conditions without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms and Conditions. If you do not want to be bound by any modification of these Terms and Conditions, your sole remedy is to stop using the Service.
USE OF SERVICE; MEMBERSHIP; REGISTRATION
A visitor to the site is not required to register and become a Member (as defined below) of the Service. If a visitor elects not to register and become a Member of the Service, a visitor will be permitted to view any Family Web Sites that have been designated as public. Visitors who have not registered will not be able to view any Family Web Sites that have been designated as Private. Unregistered visitors will not be able to post content to or to comment on content that has been posted by others to any Family Web Site.
To access restricted content such as Private Family Web Sites, or to post content to or to comment on content, you will need to become a member of the Service. To become a member, you must complete the registration process. As part of the registration process, you will be asked to select a unique username and password, provide a valid and verifiable email address. For paid memberships, you will be asked to payment and billing information.
All information provided as part of the registration process must be accurate. Registrants are responsible for completing, and updating registration information as required. Failure to provide accurate registration information constitute a breach of the Terms and Conditions. Examples of inaccurate or impermissible registration includes, but is not limited to: (1) a username which is, includes or comprises the name of another person, in any case with the intent to impersonate that person; (2) using the username or password of any person other than yourself without authorization; or (3) using a username that we, in our sole discretion, deem offensive.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
Libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable content;
Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Famlu’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Collect any personally identifiable information about other users, or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service;
Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Famlu;
Reproduce, copy or sell any portion of the Content, or systematically download Content to make or populate another database or for any other purpose.
Interfere or attempt to interfere with the Famlu website. For example, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any Content or web pages, or to destroy the software, hardware or telecommunications equipment of another person.
Stalk or harass any Famlu employee. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language to any Famlu employee, or abusing Famlu resources, such as misusing an Famlu employee's time.
Share your Famlu Member password with any unauthorized person, or permit a child under the age of 13 to publish information or post content under your membership.
Use the Website for any illegal activity, or provide material which promotes or teaches illegal activity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
This list is not exclusive. Famlu prohibits members or any other person from engaging in any activity that Famlu, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including to Famlu and its employees.
Violating any of the above mentioned terms may result, suspension, cancellation or termination of the accounts of the offending user. Such action may also include the forfeiture of any and all fees that the User has already paid to be a member of the Service or any other fee.
This shall not limit any other remedy, legal, equitable or otherwise, that Famlu may pursue.
Famlu takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service.
Famlu reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
USERNAME, PASSWORD AND SECURITY
Users are responsible for all activity that originates from their account. As such users may not distribute their username or password to a third party others, including allowing others access to your Famlu.com account.
Sharing information as outlined above shall constitute a breach of the Terms and Conditions governing this website and service.
Users are responsible for maintaining the confidentiality of their password.
Note that you will never be required to reveal your password to any representatives or agents of Famlu or its affiliates. In the event of a suspected breach of your information, you agree to notify us by regular mail, or by email, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information (including your credit card information).
Portions of the Website allow you and other Users to contribute material to be displayed on the Website or create and share various presentations and other materials with other Users ("User Provided Content"). For User Provided Content, Famlu is merely hosting and providing access as well as providing tools to post and share content. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Famlu believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.
For complaints regarding copyright infringement or illegal content contact:
8105 Irvine Center Drive
Irvine, CA 92618
P: (800) 610-6992
The Service also allows users to create and/or upload family trees that are viewable from your Famlu site. The Family Tree functionality is provided by Famlu.com, a Famlu sister site to famlu.com. As you create or when you upload family trees, you will be working on Famlu.com and as you save a tree you will become a registered user of that site. The terms and conditions of Famlu.com apply to your use of this functionality and the materials you submit in connection with that use. Famlu.com materials are indexed and become part of the researchable materials on that site. This information is public depending on choice you make as you submit.
The decision to upload information to the Website or share information is your responsibility and you should only submit or share content that belongs to you or that will not violate the rights of others. By submitting material to Famlu you warrant and represent that you have the legal right to do so or that you have obtained any necessary third party consents. Upon the request of Famlu you agree to furnish Famlu with any documentation required to verify and substantiate your compliance with this provision.
By submitting content to Famlu, you grant Famlu a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.
You hereby release Famlu from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, Famlu acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
When submitting content on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business.
Some User Provided Content can be submitted as a scanned image which can be indexed. With regard to this type of content you grant Famlu a license to use the digital version of documents created by Famlu as well as any indexed information that Famlu creates.
RULES REGARDING FAMILY WEB SITES
Members may create and maintain their own "Family Web Site" containing content contributed by members of the Family Web Site. A Family Web Site may also be used to engage in online discussion.
As a Family Web Site Administrator:
You are responsible for deciding whether a Family Web Site is restricted to certain Members (a "Private Family Web Site") or accessible to the public generally (a "Public Family Web Site"). The default setting for any new Family Web Site is "private", and that setting may only be changed by the Administrator.
The Site Administrator may change an individual's access to a Family Web Site at any time, including by denying continued access to the Family Web Site to any individual who previously had access to that Family Web Site. As it pertains to all Private Family Web Sites, the Site Administrator decides which Members will be invited to participate in that Private Family Web Site, and the Site Administrator can access and change the invited Member list in his or her sole discretion.
A Site Administrator may, at any time, transfer his or her management and operation of a Family Web Site to another Member.
The Site Administrator of each Family Web Site is responsible for maintaining and monitoring all content posted to that Family Web Site. The Site Administrator shall be responsible for ensuring that all content that is posted to that Family Web Site is in compliance with these Terms and Conditions, including but not limited to removing content that is not in compliance with the Terms and Conditions.
All brand, product and service names, including any images or logos, used in conjunction with this Service which identify Famlu or its affiliates or any third parties or their respective products or services, are the exlusive intellectual property of Famlu and/or the relevant third parties. Use of this service does not confer any license from Famlu or any third party with respect to any such brand, product or service name, image or logo.
Please review our Privacy Statement. For any questions or comments concerning our Privacy Statement, please send an email to us here.
ADVERTISERS AND THIRD PARTY EXTERNAL LINKS
External links to third party sites may be offered as part of the service. These links may contain offers to buy services from third parties.
Third party sites are subject to terms and conditions which are different from the Terms and Conditions which apply to this Service. As such Famlu.com makes no warranty concerning any third party goods or services.
You further agree that your sole remedy for any dissatisfaction or problems related to any third party goods or services will be from the third party vendor, and not from Famlu.
Users are solely responsible for your interactions with other users or Members of the Service. In its discretion Famlu may monitor or to attempt to resolve any dispute or disagreement between users.
Famlu disclaims any liability to any user, Member or Subscriber to the Service or to any third party arising from or in connection with any such dispute.
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. Occasions will arise when the Service will be temporarily interrupted for maintenance, or for outages that are beyond our control. Reasonable steps will be taken by us to minimize such disruption.
MODIFICATION OF SERVICE FEATURES
Famlu. may add or delete certain features or function from the Service without notice. You agree that Famlu shall not be liable to you for any modification, suspension or discontinuance of the Service.
The information, products and services included on this Service is offered "AS IS", and without any warranty of any kind.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FAMLU BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF FAMLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL FAMLU’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE.
SUBSCRIPTION FEES & PAYMENT
Famlu.com is a fee-based subscription Service. As a Member who subscribes to the Services (a "Subscriber"), you understand that membership in the Service is on a continuous service basis. This means that once you have become a Subscriber, your subscription will be automatically renewed and your credit card associated with that subscription will be charged based on the subscription program (e.g., annual, etc.) you have chosen. Credit card charges will be processed within 24 hours after you complete your subscription. Any products included with your subscription will be shipped promptly thereafter. You will be notified approximately 30 days before your subscription automatically renews, and asked to correct any information which has changed. This notification will also be an opportunity to "opt out" of your renewal. Cancellation requests must be received two days before the renewal date for the cancellation to be effective.
When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.
Opting Out of Renewal. You may opt out of renewing your subscription by calling Famlu at 1-888-265-7491 at least two days before the renewal date. If you do not let us know that you want to terminate your subscription at least two days prior to the end of the current subscription period the payment for the renewal period of the subscription will be made.
Cancellations and Refunds. For all initial purchases, you may cancel during the first 30 days and receive a full refund. If the cancellation occurs after the first 30 days, you will not receive a refund. Cancellations may be made by calling Famlu at 1-888-265-7491 and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (4:00 p.m. Pacific Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Prices Subject to Change. Prices may be changed by Famlu at any time. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless there is a change in subscription prices.
Famlu shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing. This notice shall be provided by email or other reasonable means of communication.
If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Website is operated in and the services provided are from the United States of America. This Agreement is governed by the laws of the State of California and the United States. Registering as a Member results in your personal information being stored and processed in the United States, and you specifically consent to our storage and processing of the personal data you submit.
If a dispute arises between you and Famlu, you agree to first contact Famlu Customer Support at 1-888-265-7491 to describe the problem and seek a resolution. If the problem is not resolved by customer support, then you and Famlu agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of California, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes.
Arbitration of disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules").
The AAA Rules and costs related to aribitrtion are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
YOU AND FAMLU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless otherwise stipulated, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
This Agreement is governed by the law of the State of California, without regard to any otherwise applicable conflicts of law principles. Any action to enforce this Agreement shall be brought in the federal or state courts located in California.
Official correspondence must be sent via postal mail to:
8105 Irvine Center Drive
Irvine, CA 92618
P: (800) 610-6992