Agreement between User and Famitip, Inc.
EFFECTIVE DATE: February 6, 2019
Famitip Inc. d/b/a Famitip and its predecesors, successors, licensors, beneficiaries, and/or affiliates (collectively “Famitip”) welcome you to use, interact with, and become a member of the “Famitip” (hereinafter the “Service”) website. By visiting or using the website, and/or signing up as a Famitip member, you agree to be bound by the Terms and Conditions (hereinafter “Terms”) set out below in this Agreement (hereinafter “Agreement”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
Famitip reserves the right to revise and update the Agreement at any time. Should you choose to continue use of the Service after the Terms have been revised/updates, you are effectively accepting the revised Agreement.
IMPORTANT — THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND FAMITIP, INC. (HEREINAFTER “FAMITIP,” “WE”, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.FAMITIP.COM, AND ANY OTHER WEBSITE OWNED AND OPERATED BY FAMITIP (THE “WEBSITE(S),” OR “SITE(S)”) AND ANY FAMITIP SOFTWARE, INCLUDING ANY FAMITIP APPLICATION AND MOBILE APPLICATIONS (COLLECTIVELY, THE “APP(S)”) OR OTHER SERVICES OFFERED BY FAMITIP FROM TIME TO TIME (COLLECTIVELY, THE WEBSITE(S), APP(S), AND SERVICES ARE REFERRED TO AS “SERVICE(S)”).
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.
I. Permitted Uses
Subject to the Terms, Famitip hereby grants you the right to access and use the Service solely for the following purposes:
You may use the Service only in accordance with these Terms set for in the Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must provide accurate information (including, but not limited to, your real name, email address, etc.) when creating a member account on the Service.
Famitip retains all rights with respect to the Famitip Service(s) except those expressly granted to you in this Agreement. Except as permitted in this Agreement, you agree not to duplicate, publish, modify, or otherwise distribute the material published on the Famitip website unless you have written authorization by Famitip to do so.
The names of companies and products listed on the Service may be trademarks of their respective owners. The content on the Famitip website is proprietary property of Famitip and is protected by U.S. and International copyright and other intellectual property laws.
Famitip may, without notice, change the Service, stop providing features of the Service, stop providing the Service, or create usage limits for the Service.
II. User Restrictions
This Service is not intended for children under 13 years of age. Any child under the age of 13 may not use the Service or create a member account/profile. By continuing to use the Service, you represent and warrant that you are at least 13 years of age.
III. User Content
“User Content” is any text, music, photos, sounds, reviews, ratings, video, or information created, uploaded, downloaded, transmitted, stored by the User. You agree that you are solely responsible for your User Content.
Famitip allows you to submit User Content. While you retain ownership of your User Content, Famitip takes no responsibility or assumes no liability for any User Content posted, stored, created on, or uploaded onto the Famitip Service.
As a User of the Famitip Service and/or a member of the Famitip Service, you agree not to post, transmit, upload to, store, create, or otherwise publish any User Content that:
User Content will be viewable by any other Users of the Service, as well as through third party services and websites. You should only create/provide User Content that you would be comfortable sharing with the public pursuant to these Terms.
Famitip reserves the right, but is not obligated to, remove or refuse to allow any User Content on the Service and to terminate Users and/or their memberships for any reason.
Upon submission, you agree that any and all information and User Content provided to the Famitip Services becomes the exclusive property of Famitip, and you irrevocably assign all rights of ownership (including, but not limited to, intellectual property rights) to Famitip, You represent and warrant that you own the User Content posted, published, created, and/or produced by you on the Famitip website.
IV. Intellectual Property Rights
The content on the Famitip website is proprietary property of Famitip and is protected by U.S. and International copyright and other intellectual property laws.
V. Third-Party Sites and Services
Famitip provides a searchable virtual database of children’s services within a certain geographical area. The Service may contain links or produce search results that reference links to third party websites (“Linked Sites”). Famitip has no control over these Linked Sites or the content within them. Famitip cannot and will not guarantee, represent, or warrant that the content contained in the Linked Sites is accurate, legal, and/or inoffensive.
By using the Service to search for or link to another site, you agree and understand that you do so at your own risk. You may not make any claim against Famitip for any damages or losses arising out of the use of a Linked Site. Famitip does not endorse the content on any Linked Sites, nor does it warrant that a Linked Site will not contain computer viruses and other harmful code that can impact your computer, or any other device used to access the Service.
Famitip provides a searchable virtual database of children’s services within a geographical area. Any and all reviews or comments left on the Famitip website are the opinions of the User(s). Famitip is not responsible and assumes no liability for any User Content posted, uploaded, or stored by you or any third- party or for any loss or damage thereto. Famitip is not liable for any mistakes, defamation, libel, slander, obscenity, pornography, or profanity you may encounter while using the Service. These Terms do not create any private right of action on the part of any third party or any reasonable ecxpectation or promise that the Service will not contain any content prohibited by this Agreement.
You are responsible for safeguarding any sensitive information, including the password you use to access the Service, and for any activities or actions under your password. Famitip will not be liable for any loss or damage arising from your failure to comply with the requirements listed in this Agreement.
Famitip reserves the right to disclose any information necessary to satisfy any applicable law, regulation, or governmental request, or to refuse to post, edit, or remove any information at any time.
EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES (INCLUDING BUT NOT LIMITED TO, INJUNCTIVE RELIEF SOUGHT BY FAMITIP FOR ANY VIOLATION OF FAMITIP’S PROPRIETARY RIGHTS), YOU AGREE THAT DISPUTES BETWEEN YOU AND FAMITIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THE COST OF ARBITRATION SHALL BE SPLIT EQUALLY BETWEEN THE PARTIES. THE LOCATION OF ARBITRATION SHALL BE MIAMI, FLORIDA, UNITED STATES.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, FAMITIP CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FAMITIP NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “FAMITIP PARTIES“) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FAMITIP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FAMITIP OR VIA THE SERVICE. IN ADDITION, THE FAMITIP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FAMITIP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE FAMITIP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FAMITIP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) YOUR USE OF ANY SERVICE FOUND THROUGH THE USE OF THE FAMITIP WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FAMITIP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FAMITIP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FAMITIP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
WITHOUT LIMITING THE FOREGOING IN ANY WAY:
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FAMITIP PARTIES TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FAMITIP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FAMITIP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FAMITIP PARTIES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICE, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
FAMITIP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and any third party for whom you operate an account or activity on the Service) agree to defend (at Famitip’s request), indemnify and hold the Famitip Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):
You will cooperate as fully required by Famitip in the defense of any claim. Famitip reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Famitip.
You agree that any claim you may have arising out of or related to your relationship with Famitip must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MIAMI-DADE COUNTY, FLORIDA.
Different terms throughout the Agreement will apply to you, depending upon the jurisdiction in which you are located. The mandatory arbitration language included in the Arbitration Section above will apply.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Famitip to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Famitip provides.