Family iBoard Terms Of Service
(last updated April 26, 2012)
Welcome, and thank you for your interest in Family iBoard. Family iBoard is an online service located at www.familyiboard.com (the "Site") which is owned and operated by us, iBoard Incorporated ("us," "we," "our"). We provide certain building tools and applications that allow users to create, build, maintain and/or participate in their own private, secure online network with their immediate and extended family members, utilizing our technology platform (each an "Family Network"). Through each Family Network, users will have the ability to engage and interact with the members of their family in a private and secure environment. For convenience, the Site, our technology platform upon which a Family Network exists, and all the products and services offered by us through the Site or through third party sites on our behalf, are sometimes referred to together as the "Service".
These Terms of Service apply to all users of the Service including, a user who registers and creates one or more Family Networks through the Service or is otherwise in charge of maintaining one or More Family Networks ("Network Creators"), a user who registers with us to join a Family Network by accepting an invitation from Network Creator ("Network Members"), and users who may simply visit the Site without registering. For the purposes of these Terms of Service, reference to Network Members herein includes Network Creators, unless the context distinguishes between the two types of users. We urge you to read these Terms of Service and any other rules and guidelines that may from time to time be presented to you through the Service carefully, as these Terms of Service and any other such rules create a binding legal contract between you and us. By accessing the Site or using the Service in any manner, including to create or manage a Family Network, or participate in a Family Network as a Network Member, you agree that you have read, understood, and agree to be bound by and comply with these Terms of Service, including any changes made to these Terms of Service by us from time to time. You agree that you will not use the Service if at any time you do not agree to these Terms of Service.
Accessing the Service.
- Age Requirement.
- Network Creators. You must be 18 years of age or older in order to create and manage a Family Network.
- Network Members. You must be 18 years of age or older, or if you are between the ages of 13 and 17, you must have obtained the consent of your parents or legal guardian in order to register with us as Network Member.
- Children under 13. We only allow children under the age of 13 to be a Network Member if their parent or legal guardian is also a Network Member and has registered their child with the Service on behalf of the child. By doing so, such Network Member parents are agreeing to be directly responsible for, and shall abide by these Terms of Service in respect of, their child's account with us.
- Virtual Profiles. We offer you the ability to create profiles for family members and relatives that are not members with us but that you wish to include in a Family Network to show, for example, family history and timeline or for identification purposes. ("Virtual Profiles"). Virtual Profiles may be created by you for your children who may be too young to manage their own account or any of your deceased family members. Virtual Profiles are not accounts with unique log-in credentials. By electing to create one or more Virtual Profiles for any non-member, you are agreeing to abide by these Terms of Service in respect of the content you provide to us for such Virtual Profiles and you promise to us that you have the authority to do so on behalf of such non-members. A Virtual Profile will be changed to a Network Member account once the non-Member registers with us as a Network Member, if ever. Virtual Profiles will also exist for any Network Members whose accounts become suspended or expire to maintain the integrity of the Family Network, and will continue to exist in the Family Network concerned until that Family Network is deleted.
- You Are Responsible For Your Login Information. As a registered user of the Service, you will set-up and maintain your own login information, such as a username and password. Please remember that your account is personal to you and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs on your account, you should take special care to preserve the confidentiality of your username and password. You agree to notify us immediately if you suspect someone else of taking your login information without your permission by sending an e-mail to firstname.lastname@example.org. You will be solely responsible for anything that happens to us or the Service due to any unauthorized use of your account that takes place prior to notifying us that your account has been compromised.
PRICING PLANS AND PAYMENT.
- Service Is For Limited Use Only. We grant to you a limited license to use the Service solely to enable you to create, build and maintain one or more Family Networks or for you to join Family Network and engage with other Network Members. You will not use (e.g. copy or distribute) any part of the Service, including any materials obtained from the Service, in any other manner without our prior written authorization. Of course, if you are doing things that are expressly permitted by us because they are a part of the offerings on the Service, that is not something that would be prohibited by these Terms of Service.
- Maximum Allowable Storage Space. Currently, when you create a Family Network, the applicable set-up fee includes maximum allowable storage space of 15 GB plus 10 GB for every active Network Member in the Family Network. The amount of included storage is subject to change at any time. Additional storage is available for purchase. If additional storage space is not purchased, then the Family Network will remain active but no new content will be allowed to be uploaded, unless existing content is removed from the Family Network.
- Other Terms That Govern Your Use of Service. You understand that there are other terms and policies that supplement these Terms of Service and you agree that you will comply with them as well. These additional terms and policies are a part of these Terms of Service so that, together, they make one entire agreement that you are agreeing to. Unless we say otherwise, if there are additional terms or policies that conflict with language that is contained in these Terms of Service, then those additional terms and policies are the terms that you will need to abide by. Additional terms and policies include:
- Software Licenses. Our iBoard Software License Agreement and any other software license agreement we may establish (collectively, the "Software License") covers the software contained in the Services which you may use in connection with the Services.
- Technical Policies. In addition to the maximum storage space policies in Section 2(b) above, we may establish technical polices and limits concerning use of the Service, including, the maximum number of days that Family Network(s) and Your Content (as defined below) will be retained, the maximum number of and size of Your Content files (including email messages), the maximum disk space allotted to you and your Family Network(s), the maximum number of times and duration for which you may access the Service or Family Network(s) in a given period of time, how long inactive Family Network(s) will be retained, and the maximum CPU power used by your Family Network(s) or Your Content.
- Billing and Refund Policies. We may establish policies describing how we bill and/or offer and process refunds for certain products and services offered through the Service. These policies would supplement the general terms that are found in Section 3 below ("Pricing Plans and Payment")
- Certain Product or Service Offerings. From time to time, we may introduce certain products or services to the Service which may be governed by additional terms and conditions that we may require you to agree to prior to accessing them.
- Contests or Sweepstakes. Your participation in contests or sweepstakes that may be hosted from time to time on and through the Service shall be governed by the rules that pertain to those contests or sweepstakes.
- U.S.-Based Service. The Service is controlled and offered by us from our facilities in the United States. We make no promise to you that the Service is appropriate or available for use in other locations. You will not access the Service from territories where any content or features that are available on or through the Service is illegal. If you do so anyway, it is at your own risk.
Our Content. The technology platform, web tools, applications, content, visual interfaces, interactive features, information, graphics, design, artwork, photographs, images, screen shots, text, music, digitally downloadable or streamable files, video clips, trademarks, logos, product and character names, slogans, computer code, products, software, services, the compilation of the foregoing, and all other elements of the Service that are provided by us or our partners in connection with the Site or any Family Networks you may create ("Our Content"), are valuable proprietary and intellectual property of us or our partners. Our Content is protected by all laws and regulations relating to intellectual or proprietary property, such as, for example patent, copyright, trademark and trade secret. You agree not to use Our Content in any manner (e.g. reproduce, distribute, display, publicly perform, revise, create derivatives of, copy, publish, sell, license, or edit) unless we expressly permit that use as a part of the offerings on the Service. Any attempt to use Our Content in violation of our rights or the rights of others is strictly prohibited. Although we make efforts to insure that all material on the Service is correct, accuracy cannot be, and is not, guaranteed.
- Pricing Plans. In order to create a Family Network or join as a Network Member, you must purchase the applicable membership plans described in detail on the Site. Note that we may change any stated fees from time to time in our sole discretion without liability to you should you have already paid higher fees for the same services, and those changes will be effective immediately upon posting through the Service. Any changes for such fees will follow the procedures described in Section 11 ("Changes To These Terms Of Service"), below. All fees are in U.S. Dollars.
- Payment. You are responsible for paying all fees and applicable taxes associated with the membership plans in a timely manner with a valid payment method. You authorize us or our third party payment providers to charge your PayPal account (the "Payment Method") for all charges to your accounts with us. Your Payment Method will be charged the current fee for the membership plan you choose on the date that you click on the purchase button in the ordering process. You agree that we may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a membership plan with a recurring annual payment, you will be billed every year on the anniversary date of the date you clicked the purchase button. You agree to pay us all charges incurred under your account for any membership plan in which you or anyone else who uses your account enroll in accordance with these Terms of Service. If your Payment Method fails or your account is past due, (1) you agree to pay all amounts due on your account upon demand, (2) we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your account with us, including deletion of your Family Network from the Service (as further detailed in Section 12 ("Termination")). Except as may be set forth in any applicable billing or refund policies, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to us at email@example.com within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at our sole discretion.
Indemnification. You agree to hold us harmless and to pay or reimburse us (and "us" in this Section 6 means our parent, subsidiaries, shareholders, members, managers, affiliates or any related companies, licensors, licensees, suppliers, and our and their respective directors, officers, employees, agents, representatives, and contractors, and other users who use any of Your Content) for all losses, damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) of any kind which are in any way related to (a) your use or misuse of any Family Network or the Service; (b) Your Content, including our or any person’s or entity’s use (e.g. reproduction, distribution, public performance, public display, modification, editing, adaptation, or other exploitation) of any of Your Content consistent with these Terms of Service; or (c) your violation of these Terms of Service including if any of your promises to us regarding Your Content are broken. We reserve the right, at your expense, to assume the exclusive defense and control of any matter described in this paragraph and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. We have no obligation whatsoever to pay or reimburse you or any other party for any losses, damages, injuries, liabilities, costs, fees and expenses of any kind which arise in any way related to your use of the Service and you hereby waive and release us from any and all claims against us to the fullest extent permitted by law.
- General. We want to give you as much freedom as possible to create and control your Family Networks. This means, for example, that we take no responsibility for any content located in your Family Network, have no obligation to monitor such content or your Family Network. However, to ensure a good experience for all users of the Service, you agree to abide by these Terms of Service, including the following rules under the "Submission Rules" paragraph below:
- Submitting Your Content. By using the Service, you will have the ability to publish, post, or upload, original materials. Such original materials include images, photographs, artwork, videos, music, text, information, design, trademarks, logos, graphics, and other materials owned and created by you ("Your Content").
- You License Your Content To Us. By providing Your Content on or through the Service, you are automatically giving us a limited, non-exclusive (meaning that you are free to license Your Content to anyone else in addition to us as long as you do not give them an exclusive license or ownership), sub-licensable (solely so that we can use our affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the Service), worldwide (because the Internet and the Service are global in reach), fully-paid and royalty-free (meaning that, except as specifically provided in these Terms of Service, we are not required to pay you or anyone else any money for use of the Your Content) license to use, modify (every effort will be made to preserve the integrity of Your Content, but occasionally a technical modification such as compressing the file is necessary), publicly perform, publicly display (for editorial or promotional purposes), reproduce, and distribute Your Content on or through the Service, including to promote and market the Service and our business generally, without the requirement to seek your permission or permission of anyone else. Your license to us will last until you terminate your account or remove any particular item of Your Content by following the termination or removal procedures described elsewhere in these Terms of Service, unless you have shared such item of Your Content with others (e.g. shared photos, texts, comments) in the Family Network, in which case, copies of Your Content will be accessible by others until the Family Network is deleted.
- You Still Own Your Content And May Continue To Use It. As between you and us, you retain all of your rights in Your Content that you upload within the Service and which do not incorporate any of Our Content. Additionally, as mentioned above, our right to use Your Content is non-exclusive. That means that after posting Your Content to the Service, you continue to have the right to use and allow others to use Your Content in any way you choose. However, please be reminded that you will not be able to give another person or entity exclusive rights or ownership to Your Content while it is under license to us unless that person or entity makes an exception for us.
- Removal Of Your Content. We may, at any time and without notice to you, delete any of Your Content that, in our sole judgment, violates these Terms of Service. As a Network Creator, you are free to remove or delete Your Content or any content posted by your Network Members at any time by following the edit prompts available to you on your Family Network. As a Network Member, you may edit or delete only Your Content which you have posted to your Family Network by following the edit prompts available to you on your Family Network.
- Submission Rules.
- Your Content Will Not Contain Anything Illegal or Abusive. You understand that you are responsible for all aspects of Your Content, and you agree not to post in Your Content anything that is unlawful, harmful, defamatory, libelous, obscene, invasive of the privacy of another person or entity, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as may be determined by us in our sole discretion. Please exercise good judgment in uploading Your Content so that we do not have to resort to removing such postings or terminating your account with us, which we may do in our sole discretion.
- Your Content Will Not Violate Third Party Rights. You agree that Your Content will not contain personal information about any individual other than yourself, violate the privacy/publicity of any other individual or entity, or contain anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including, for example, people who work for us or other artists or persons who use the Service. You further agree that you will not say you are affiliated with another person or organization when you are not. Nor will Your Content contain any untrue comments about other people or entities that defames their reputation, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of any other person or entity.
- Your Content Will Not Contain Commercial Solicitations. You agree that Your Content will not contain any business or commercial solicitations. Of course, if we offer users the opportunity to share business or commercial solicitations as a part of the Service, that is not something that would be prohibited by these Terms of Service
- Your Content Will Not Contain any Viruses, Corrupting Files or Interference. You agree that you will not post and Your Content will not contain any software, files or links to other websites, and that Your Content does not and will not contain any viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Service. You also agree that you will not modify in any way any specifications, technology or application codes provided to you by us or as embedded in Your Content unless we agree in advance that you can do that.
- You Will Not Share Registration or Account Information. You may not share or transfer password or other access information with any other party, temporarily or permanently. As mentioned above, you shall be solely responsible for all use of your account and for the confidentiality of your password.
- You are Responsible for Your Content. You understand that you are solely responsible for Your Content and the consequences of posting or publishing any of it, and that we are not responsible in any way for the information, data, text or other materials that may appear in any of Your Content. We do not endorse and have no control over any of Your Content. Your Content is not necessarily reviewed by us prior to posting or monitored by us after posting (nor are we obligated to do so) and we make no promises or guarantees of any kind as to any of Your Content. You agree that you must evaluate, and bear all risks associated with the use of any of Your Content.
- Your Promises to Us for Your Content. In connection with your posting of any of Your Content, you promise to us that:
- You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by us under these Terms of Service, and to grant the rights and license described above (this means that, for example, you have not given a third party any rights to Your Content that would prevent you from giving those rights to us); and
- Our use of Your Content will not:
- infringe, violate, or misappropriate any third-party right, including any contractual, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person or entity;
- violate any applicable law, rule or regulation; or
- require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms of Service.
SERVICE PROVIDED TO YOU "AS IS".
CHANGES TO THESE TERMS OF SERVICE. We may update or modify these Terms of Service at any time without prior notice, and such changes will be effective immediately upon being posted through the Service. These Terms of Service will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by these Terms of Service as updated. We encourage you to review these Terms of Service from time to time to check for updates.
- No Guarantees Made By Us. We make no promise or guarantee about the reliability of the Service, and we will not be liable to you in the event of any failure of the Service. You acknowledge that any reliance on such material and/or systems will be at your own risk. We make no guarantees regarding the amount of time that any of Our Content or Your Content will be preserved. We do not endorse, verify, evaluate or guarantee any information provided by users, and nothing shall be considered as an endorsement, verification or guarantee of any Your Content or the content of others.
- Limitation Of Our Liability. The Service is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to the Service or any information or software therein. Under no circumstances, including negligence, shall we be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use the Service, nor will we be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond our reasonable control, including but not limited to acts of God, communications line failure, theft, destruction, or unauthorized access to our records, programs, or services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
AVAILABILITY OF SERVICE. We may make changes to or discontinue any of the features, media, content, communities, products, software, or services available within the Service at any time, and without notice.
INTERACTION WITH OTHER USERS. Your use of the Service may bring you into contact with other users, and their content, including, for example, the content of Network Members in your Family Network. You are solely responsible for your involvement with other users. If you have a dispute with any user(s), you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes.
PROCEDURES FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
- By Us At Our Election. We may, in our sole discretion and for any reason or no reason, with or without notice, terminate your account, disable your access to your Family Network or the Service, discontinue your Family Network or the Service and any related services including support, or terminate any license granted to you hereunder (including licensed rights to any content or materials downloaded by you during your use of your Family Network or the Service, including Your Content), at any time. You agree that we are and shall not be liable to you or any third-party for any termination. We do not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on your Family Network or the Service, and reserve the right to terminate access to your Family Network or the Service, in cases of actual or suspected fraud, or violations of these Terms of Service or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
- By You At Your Election. As a Network Member you may terminate your use of the Service by closing or deleting your account, discontinuing your use of any and all parts of the Service, or providing us with notice of termination at firstname.lastname@example.org. In such instance, we will delete your account and Your Content from the Family Network unless any items of Your Content have been shared through the Family Network, in which case, such items will continue to be accessible for others in the Family Network until the Family Network is deleted. No Network Member can delete a Family Network. A Family Network can only be terminated if all active Network Members in the Family Network agree to its termination, or in those instances described below. If the Network Creator wishes to terminate the Family Network, but not all of the active Network Members agree, another Network Member can elect to assume control over the applicable Family Network and keep it active in place of the leaving Network Creator.
- Termination or Suspension for Failure to Pay.
- Family Network Set-Up Fee Termination. Currently, we offer a 30-day free trial to create a new Family Network, before payment of the applicable set-up fee is required by the Network Creator. If the applicable set-up fee is not paid after the 30-day free trial has expired, the following will occur:
- The Network Creator's account will be terminated.
- If there are other Network Members in the Family Network, all such Network Members will be notified by us that the applicable set-up fee has not been paid, and if payment is not received within 15 days of our notification, the Family Network will be deleted.
- If any existing Network Member elects to pay for the applicable set-up fee, then such Network Member will become the new Network Creator.
- If no payment is received within the 15 days, all Network Members in the Family Network will be notified that the Family Network has been suspended. The Family Network will remain on the Family iBoard servers for 60 days. If payment is received by any Network Member, within the 60-day suspension period, then the PFN will be reactivated and all active members will have access to it. If payment is not made within the 60-day suspension period, then the Family Network will be deleted from all Family iBoard servers.
- Annual Membership Fee Suspension. If payment of the annual membership fee is not received when due, the account of the Network Member will be suspended, and they will no longer have access to the Family Network. The Network Member's account will be reactivated at any time following suspension once payment is received. Any Network Creator who fails to pay the applicable annual fee will have his or her account suspended until payment is received, but the right to control the Family Network will pass to the next active Network Member with the longest-running active account who accepts position of new Network Creator.
- Termination for Inactivity. If a Family Network has no active Network Members, then all inactive Network Members, if any, will be notified that absent any re-activation by any inactive Network Members within 60 days of our notification, the Family Network will be deleted from the Family iBoard servers. If an inactive Network Member reactivates their account within the 60-day period, and pays for the required additional storage costs, if any, then the Family Network will be reactivated. Such Network Member shall assume control of the Family Network as the new Network Creator.
- Certain Terms Still Apply After Termination. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
- Copyright Notices. If you are a copyright owner or a copyright owner’s agent and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification by following the rules of the Digital Millennium Copyright Act ("DMCA") which require that you notify our designated copyright agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- The address, telephone number, and/or electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to respond to notices of alleged infringement that comply with the DMCA. Accordingly, you understand that if you fail to comply with all of the requirements of the DMCA listed above, your notice may not be valid. We will promptly terminate without notice the accounts of users that are determined by us to be "repeat infringers."
- Our Designated Copyright Agent. Our designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Milton E. Olin, Jr., Esq., Altschul & Olin, LLP, 16133 Ventura Boulevard, Encino, CA 91436; phone 818-990-1800; fax 818-990-1429 or by electronic mail at email@example.com. This contact information is only for reporting alleged copyright and other intellectual property infringement claims. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
- Other Claims. If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of Your Content or other materials on the Service infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.
- No False Claims. Please note that under Section 512(f) of the United States Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
- No Partnership Formed. Both you and we acknowledge and agree that no partnership or other agency relationship is formed and neither of you nor we have the power or the authority to obligate or bind the other. Neither of you nor we have any fiduciary duties to each other.
- California Law Governs. These Terms of Service will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. By using the Service, you hereby agree that any and all disputes regarding these Terms of Service will be subject to the federal, state and local courts located in Los Angeles, California.
- Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
- No Export of Software. Software that may be available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Headings. The headings in these Terms of Service are for your convenience and reference and do not limit or affect these Terms of Service.