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.

 

Our Terms

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:

  1. if you are accessing the Service as an individual, any and all uses of the Service is for your personal, non-commercial use only; or
  2. if you are accessing the Service as a business entity, any and all uses of the Service must be for the business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with

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:

  1. is unlawful, defamatory, libelous, obscene, pornographic, suggestive, harassing, abusive, threatening, fraudulent, or otherwise indecent;
  2. may infringe any intellectual property (patent, trademark, copyright, trade secret, ) right of any party;
  3. may have an effect on the publicity, privacy, or data protection rights of others;
  4. would violate the rights of any party that would otherwise create liability or violate any local, state, or international law(s);
  5. includes any viruses, malware, corrupted data, or any other destructive files or codes; and
  6. restricts any other User from utilizing the Service or which may expose Famitip to any kind of harm or

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.

VI.           Liability

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.

VII.         Privacy

Please review Famitip’s Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service, you consent to the transfer of your information for storage, processing, and/or use by Famitip.

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.

Arbitration

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.

Limitation of Liability / Disclaimer of Warranties

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.

THE FAMITIP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE FAMITIP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE FAMITIP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FAMITIP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

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:

  • FAMITIP, NOR ITS THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT FAMITIP’S SERVICES WILL BE ERROR FREE, NOR DO THEY MAKE ANY PROMISES OR GUARANTEES IN CONNECTION WITH THE RESULTS THAT MAY BE OBTAINED FROM USING THE FAMITIP
  • YOU AGREE THAT YOUR USE OF FAMITIP’S SERVICES IS AT YOUR OWN USER CONTENT OR CONTENT POSTED BY FAMITIP IS NOT PROMISED OR GUARANTEED TO BE CORRECT, COMPLETE, OR UP-TO-DATE. FAMITIP IS NOT RESPONSIBLE FOR YOUR RELIANCE ON THE CONTENT FOUND ON THE SERVICE OR YOUR ACTIONS BASED ON THE INFORMATION FOUND ON THE SERVICE.
  • IN NO EVENT WILL FAMITIP OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, OR SHARING INFORMATION ON THE FAMITIP SERVICE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL) BASED UPON, OR ARISING OUT OF, THE USE OR INABILITY TO USE FAMITIP’S
  • YOU UNDERSTAND AND AGREE THAT THIS DISCLAIMER APPLIES TO ANY AND ALL DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, DEFECT, DELAY, COMPUTER VIRUS, OR THEFT, AMONG OTHERS. FAMITIP IS NOT LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY

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.

Indemnification

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):

  • your User Content or your access to or use of the Service;
  • your breach or alleged breach of these Terms;
  • your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • any misrepresentation made by

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.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. FOR ANY CLAIM

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.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Famitip’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Famitip reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Famitip.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Famitip and governs your use of the Service, superseding any prior agreements between you and Famitip You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Famitip. Any purported assignment or delegation by you without the appropriate prior written consent of Famitip will be null and void. Famitip may assign these Terms of Use or any rights hereunder without your consent.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

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.

The effective date of these Terms of Use is February 6, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.