The terms and conditions set forth below set forth the legally binding terms and conditions (the “Agreement”) for your use of the services provided by the Families in the Loop social networking site (the “Site”). By visiting and using the Site, you agree to be bound by all the terms and conditions of this Agreement. Please read this Agreement carefully, and save it for your future reference. If you do not agree with all the terms and conditions of this Agreement, you must leave the Site and discontinue all use of the Site. Families in the Loop may modify this Agreement from time to time, and any such modification will be effective upon posting by Families in the Loop on the Site. You agree to be bound by any such modifications to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are familiar with any modifications which have been posted.
Membership in the Site is void where prohibited by law or regulation. The Site is intended solely for users who are fourteen (14) years of age or older. Any registration by, use of, or access to the Site by anyone under 14 is unauthorized. By using the Site, you represent and warrant that: you are 14 years of age or older, all registration information you submit will be accurate, current and complete (and you will update that information from time to time as required), your use of the Site does not violate any law or regulation, that you agree to abide by all of the terms and conditions hereof.
Proprietary Rights in User and Site Content; Limited Licenses
Families in the Loop does not claim any ownership rights in the text, pictures, video, information, music, sound and other files, and their selection and arrangement, which are posted by the Site users (the “User Content”). Such User Content remains the property of the users who post such information on the Site. You hereby grant to Families in the Loop a non-exclusive, royalty free, worldwide limited license (together with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Site. You represent and warrant to Families in the Loop that you own the User Content which you post or otherwise have the right to grant the license set forth herein, and that the posting of such User Content on the Site does not violate any privacy rights, publicity rights, copyrights, contract rights, proprietary rights or other rights of any person or entity, and further that such posting does not contain any libelous, defamatory, or other actionable material. Families in the Loop does claim ownership in the information, design, graphics, logos, arrangement, data and the like which appears on the Site and which is not posted by Site users (the “Site Content”). No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Families in the Loop’s prior written and express permission. You are granted a limited license to access and use the Site and the Site Content (other than any software code) and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Families in the Loop, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. The license granted by Families in the Loop herein is revocable at any time without notice and with or without cause.
and other Families in the Loop graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress, or proprietary property of Families in the Loop (the “Proprietary Property”) in the U.S. and/or other countries. Families in the Loop’s Proprietary Property may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written and express permission of Families in the Loop.
You understand that except for advertising programs offered by us on the Site, the Site and its services are available for your personal, non-commercial use only.
In addition, you agree not to use the Service or the Site to:
· harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· use in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· use automated scripts to collect information from or otherwise interact with the Site;
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, misleading, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, violent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· upload, post, transmit, share or otherwise make available 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;
· intimidate or harass another; or
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
User Content Posted on the Site
You are solely responsible for all User Content that you post (that is, upload, publish or display) on the Site. You understand and agree that Families in the Loop may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Families in the Loop violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. Notwithstanding the foregoing, Families in the Loop assumes no responsibility for any User Content, no obligation to remove any inappropriate User Content, and no responsibility for the acts of the User in submitting any such User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Families in the Loop.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive a notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers.
Third Party Websites and Content
The Site contains (or you may be sent through the Site) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Purchase of Goods and Services
Goods and services to be provided by third parties will be advertised on the Site (“Third Party Goods”). The parties to any transaction involving Third Party Goods are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into as a result of such advertising. You acknowledge that Families in the Loop is not to be construed as a party to any transaction involving Third Party Goods, and Families in the Loop is not responsible or liable for any action or inaction of any party to any transaction involving any Third Party Good, or for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of such transaction. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Families in the Loop. Certain other goods and services to be provided by Families in the Loop are also advertised on the Site (“Families in the Loop Goods”). Transactions involving Families in the Loop goods will be governed by the terms and conditions set forth in the Families in the Loop Terms of Sale. Please note that the Families in the Loop Terms of Sale do not apply to your purchases of Third Party Goods, as those transactions are strictly between you and the other party to the transaction.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Families in the Loop does not pre-screen or approve any User Content or Third Party Applications, Software or Content, and it is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Families in the Loop assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site. Under no circumstances will Families in the Loop be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the services provided by the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND FAMILIES IN THE LOOP DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAMILIES IN THE LOOP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE IT PROVIDES. FAMILIES IN THE LOOP DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Families in the Loop reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice.
Limitation on Liability
IN NO EVENT WILL FAMILIES IN THE LOOP OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF FAMILIES IN THE LOOP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FAMILIES IN THE LOOP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FAMILIES IN THE LOOP FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FAMILIES IN THE LOOP, REGARDLESS OF THE CAUSE OF ACTION.
Families in the Loop may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 14.
Governing Law; Venue and Jurisdiction
By visiting or using the Site, you agree that the laws of The State of Illinois, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Families in the Loop. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Illinois.
YOU AND FAMILIES IN THE LOOP AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE OR THE SERVICES PROVIDED THEREBY (INCLUDING YOUR VISIT TO OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then we each acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).
You agree to indemnify and hold Families in the Loop, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement (including your representations and warranties contained herein) or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Families in the Loop are non-confidential and shall become the sole property of Families in the Loop when received by Families in the Loop. Families in the Loop shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement constitutes the entire agreement between you and Families in the Loop regarding the use of the Site. The failure of Families in the Loop to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.