PHOTOFAMILYTREE.COM WEBSITE TERMS OF USE

PHOTOFAMILYTREE.COM WEBSITE TERMS OF USE

LAST UPDATED: JUNE 22, 20121, PHOTOFAMILYTREE.COM WEBSITE TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website (the "Site").

Products and services are provided for your personal use only.  You agree to abide by these terms of service and not to use these products and services otherwise.

You agree that you are responsible for protecting your password and controlling access to your registered account.

 

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions outlined in this document and any changes thereto that Photo Family Tree LLC may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in terms of Use, do not access or use this Site.

Family Photo Tree may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of photofamilytree.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, or other materials (Content) are the sole responsibility of the person from which such Content originated.  This means that you and not Photo Family Tree, LLC  are entirely responsible for all content you use from Photo Family Tree, LLC.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Photo Family Tree, LLC is not responsible.

 

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

  1. All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided within or in the Subscriber Terms of Service, does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any of the Content. Also, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods connected with the Site or Content.

PHOTO FAMILY TREE TRADEMARKS

  1. For these Terms of Use, the term "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Photo Family Tree LLC.
  2. Nothing contained in Terms of Use grants or shall be construed to give you any rights to use any Photo Family Tree Trademark unless expressly conferred by these Terms of Use.
  3. You agree that you will not use Photo Family Tree’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Photo Family Tree.
  4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge the validity of any of Photo Family Tree Trademarks or the Trademark rights claimed by Photo Family Tree LLC.
  5. You agree that you will not use any Photo Family Tree Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain or as a meta tag, keyword, or any other type of programming code or data.
  6. You may not at any time, adopt or use, without Photo Family Tree LLC's prior written consent any word or mark which is similar to or likely to be confused with Photo Family Tree LLC's Trademarks.
  7. The look and feel of the Photo Family Tree LLC website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Photo Family Tree and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Photo Family Tree.
  8. All other trademarks, product names, and company names or logos used or appearing on the Photo Family Tree LLC website are the property of their respective owners. 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 by Photo Family Tree LLC unless expressly so stated.
  9. You may not use a Photo Family Tree trademark, logo, Image, or any other proprietary graphic of Photo Family Tree to link to the Photo Family Tree website without the prior written consent of Photo Family Tree LLC.
  10. You may not frame or hotlink to the Photo Family Tree LLC website or any Image without the prior written consent of Photo Family Tree.

LIMITATIONS

  1. You agree that you shall not:
  2. Engage in any conduct that shall constitute a violation of any law or infringe the rights of Photo Family Tree LLC or any third party.
  3. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  4. Violate the rights of Photo Family Tree LLC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

USE OF CONTENT

  1. Certain Content will only be made available to users who pay Photo Family Tree a fee for such Content and/or enter into a use agreement for that particular Content. Unless you agree with Photo Family Tree, you may not download, distribute, display and/or copy any Content.
  2. You may not remove any watermarks or copyright notices contained in the Content.
  3. Photo Family Tree LLC reserves the right to revoke this license at any time for any reason.

RESTRICTION AND TERMINATION OF USE

  1. Photo Family Tree LLC may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time at Photo Family Tree’s discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

  1. IF PHOTO FAMILY TREE LLC PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE, YOU SHOULD BE AWARE THAT PHOTO FAMILY TREE LLC; MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF THE PHOTO FAMILY TREE LLC PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY PHOTO FAMILY TREE LLC.

WARRANTIES AND DISCLAIMERS

  1. THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY PHOTO FAMILY TREE LLC UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PHOTO FAMILY TREE LLC MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

PERSONAL INFORMATION AND PRIVACY

  1. Photo Family Tree LLC will use and protect your data, such as your name and address, by the Photo Family Tree LLC Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

INDEMNIFICATION

  1. You agree to defend, indemnify and hold harmless Photo Family Tree LLC, and all covered parties from whom Photo Family Tree, LLC  has licensed portions of the content, from and against all claims, damages, costs, and expenses (including but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Photo Family Tree website, your breach or alleged breach of the Website Terms of Use or any representation or warranty contained herein your unauthorized use of the Photo Family Tree LLC Images, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION

  1. This agreement is governed by and shall be construed by the laws of the State of Florida. You, at this moment, consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies, and disputes arising from or relating to this Agreement shall be heard and decided exclusively before the courts located within the State, County, and the City of Florida and not elsewhere. You agree that service of process in any actions, controversies, and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party. However, nothing herein shall affect the right to effect service of process in any other manner permitted by law. Our mailing address is:

Photo Family Tree LLC

13610 Big Bend Drive, Suite 6166

Hudson, FL 34667

This Agreement shall be construed neither against nor in favor of any party, but rather by the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.