Thank you for visiting Yourfamilysite.com. The following document describes the terms of service for our customers, affiliates and those who visit this site. We recommend your review of this statement. All services provided by Yourfamilysite.com are subject to these conditions. By visiting this site, signing up for service, or signing up as an affiliate, you agree to the following terms and conditions.
Yourfamilysite.com provides family website creation and hosting on several payment schedules. Some of our services are offered at no cost. If the plan you chose is not free, you will be notified of your payment schedule when you sign up. If you chose a plan that is free, you will not be notified of a payment schedule because there will be no payments due. The length of payment schedules signifies a contract. If a user decides to terminate their account prior to the end of thier current billing period, a penalty fee will be assesed.
Yourfamilysite.com reserves the right to change services, monthly costs and billing periods at any time. Users will be notified before any such changes would take place and have the opportunity to withdraw at no penalty.
Yourfamilysite.com reserves the right to discontinue service at any time if payments are not received for services rendered or for any other reasonable purpose. Yourfamilysite.com will make a good faith effort to give users plenty of time to pay. A user who has not payed will always receive warning before their site is disabled. When a site is disabled, the data will continue to be stored for two weeks so that the site can be re-enabled and all associated data restored. If the user chooses not to continue service, Yourfamilysite.com agrees to make available the media the user had stored on their site (such as pictures and videos). This does not mean that the media will continue to be available on the web.
Yourfamilysite.com has established a Privacy Policy to explain how your information is collected and used. Your use of Yourfamilysite.com or the services we provide signifies acknowledgement of and agreement to our Privacy Policy. You can view our Privacy Policy at http://www.yourfamilysite.com/privacy.php.
When you visit yourfamilysite.com, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
All content included on this site and sites created by us, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Yourfamilysite.com, or its members who upload photographs or other media, or its content and software suppliers and is protected by United States and international copyright laws. Our selection, coordination and arrangement of all content on this site is the exclusive property of Yourfamilysite.com and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services provided is the property of Yourfamilysite.com and is protected by United States and international copyright laws.
Yourfamilysite.com grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Yourfamilysite.com. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yourfamilysite.com. Any unauthorized use terminates the permission or license granted by Yourfamilysite.com.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Yourfamilysite.com pages so long as the links do not portray Yourfamilysite.com in a false or misleading manner.
If you subscribe to a Yourfamilysite.com hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify Yourfamilysite.com of any unauthorized use of your account or any other breach of security known to you.
Yourfamilysite.com uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by our website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.
Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post reviews, comments, suggestions, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Yourfamilysite.com reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
Yourfamilysite.com does not claim ownership in the photographs, videos or other media created or uploaded by Members ("Media"). Yourfamilysite.com will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to your site created by Yourfamilysite.com, you grant Yourfamilysite.com a nonexclusive, royalty-free right to backup and/or manage Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. This is considered private information and will never be shared with the public without the user's consent.
You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Yourfamilysite.com for all claims resulting from Content you supply. Yourfamilysite.com has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that Yourfamilysite.com takes no responsibility and assumes no liability for any Content posted by you or any third party.
Yourfamilysite.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Yourfamilysite.com's agent for notice of claims of copyright or other intellectual property infringement at support@yourfamilysite.com.
Yourfamilysite.com must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for Yourfamilysite.com. Judgment of suitable Media is the sole discretion of Yourfamilysite.com, and Yourfamilysite.com reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.
IN NO EVENT SHALL YOURFAMILYSITE.COM OR ITS PROPRIETORS, OPERATORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR RELATED TO THE USE OR THE INABILITY TO USE THIS WEB SITE OR ANY ASSOCIATED SOFTWARE, SERVICE, AND/OR ANY IMAGES, GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INJURY TO FILES, DATA, EQUIPMENT OR OTHER PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOURFAMILYSITE.COM IS HAVING TECHNICAL PROBLEMS AND YOUR WESITE IS DOWN, WE WILL NOT BE LIABLE FOR THE INABILITY TO USE YOUR WEBSITE OR THE LOSS OF YOUR PERSONAL INFORMATION.
THIS SITE IS PROVIDED BY YOURFAMILYSITE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOURFAMILYSITE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOURFAMILYSITE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOURFAMILYSITE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM YOURFAMILYSITE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL YOURFAMILYSITE.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE YOURFAMILYSITE.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YOURFAMILYSITE.COM WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE YOURFAMILYSITE.COM WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF YOURFAMILYSITE.COM WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOURFAMILYSITE.COM CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $20.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Yourfamilysite.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Yourfamilysite.com harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on Yourfamilysite.com or sites created by Yourfamilysite.com.
By visiting yourfamilysite.com, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Yourfamilysite.com.
It is possible that as we continue to develop our website and our business, Yourfamilysite.com's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Yourfamilysite.com may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Any dispute relating in any way to your visit to yourfamilysite.com or to products you purchase through yourfamilysite.com shall be submitted to confidential arbitration in Springville, Utah, except that, to the extent you have in any manner violated or threatened to violate Yourfamilysite.com's intellectual property rights, Yourfamilysite.com may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with Yourfamilysite.com in any way, your only recourse is to immediately: (1) discontinue use of Yourfamilysite.com and (2) terminate your Yourfamilysite.com subscription support@yourfamilysite.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.