Terms and Conditions of Use - Famzam.com

These Terms and Conditions of Use were last updated on January 23, 2008.

Famzam is a social connection site intended principally to help families and friends establish and maintain contact, history and connection by enabling linkages among personal web pages created by individual family members (“personal web pages”) and friends. This document describes the terms under which members of Famzam.com may use our service. You may access personal web pages within the Famzam site only if (i) you are a registered member of Famzam.com, and (ii) you have been invited to access a personal web page by a family member or friend.

Click Here to view Terms and Conditions for the 'Grow your Network' gift card promotion - July 2008

Terms and Conditions of Use: This document is a legally binding contract containing the terms and conditions of permissible use of the Famzam.com internet service (the “Service”) owned and operated by Famzam.com, LLC (“Famzam,” “we,” “our” or “us”). “You” and “your” means (i) an adult user of the Service and (ii) you as parent or guardian of any minor (under age 18) whom you allow to access the Service. You are responsible for the compliance with these terms and conditions by any minor whom you allow to access the Service. Any minor desiring to access the Service must receive permission from a parent or guardian to log on and create a personal web page. (Age 18 and under not permissible to join site in current version) By using the Service, you agree, and continue to agree, to use the Service in a manner consistent with all applicable laws and regulations, as well as these terms and conditions. If you do not agree with any of these terms and conditions, you should not use the Service. We may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you do not want to be bound by a change, discontinue use of the Service. You should also read the Privacy Policy connected with this Site, which also applies to you as a user.

Copyright Notice: Famzam.com contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to creators of personal web pages and persons invited by these creators to access personal web pages (“Content”). In the freely accessible areas of the Service, all Content is owned and/or copyrighted by Famzam.com, LLC or third party providers and may be used only in accordance with these Terms and Conditions of Use. Material posted to personal web pages is owned by the person who created the material posted and is hosted by us under these Terms and Conditions of Use. Individual items of Content provided by us, and the Service, as a whole, as a collective work and as a compilation, are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Your Membership: In order to become a member of Famzam and create a personal web page, you must provide your name, date of birth, zip code, a valid email address, and a password selected by you. A digital image for use as a personal web page identifier is encouraged but not required. Any person under the age of 18 is not permitted to sign up in this current version. As a member, you can (i) create a personal web page, (ii) submit digital images, text and other files that can be linked to your personal web page, (iii) provide access to your personal web page for family members and friends who are members of Famzam, (iv) purchase personalized gifts created from digital images submitted to your personal web page at the Famzam Personalized Gift Store, shop for flowers at Famzam Flowers and link to e-commerce merchants through Famzam Vendors.  Any two Famzam members can create a link between their personal web pages with the permission of both members. Some existing and planned functions of the Famzam Service may require that you download and install software created by third parties, which will be subject to terms and conditions of use dictated by those third parties. By submitting digital images or other Content to Famzam, you are granting permission to persons with access to your personal web pages to view and reproduce those images and Content.

Famzam does not charge a fee for basic membership. Famzam reserves the right to add fee-based services to the Service that we believe will be of interest to our members.

Limited License: You are licensed to use the Service and the Content for personal use and the use of persons you invite to access your personal web page. The Service is not intended for or licensed for any commercial use. Commercial use is specifically prohibited and attempts at commercial use will be prosecuted. We reserve the right to cancel any or all of the Service at any time. The download of the whole or significant portions of any functionality of the Service, or any part of the public areas of the Service, is prohibited. Online or other republication of Content from the public areas of the Service is prohibited. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use access software provided on the Service only while on line and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

Personal web pages created by members will contain Content supplied by members which you may view and reproduce if you have access to any personal web pages. For this Content, Famzam.com, is acting as a distributor only. By submitting Content to Famzam.com, you grant Famzam, as host of the Service, a limited license to use, host, distribute and allow hosting and distribution on co-branded Services of the Content. By submitting digital images or other Content, you represent and warrant that you are the owner of those images or other Content, that you have the unrestricted right to reproduce that Content, and that the images or other Content do not infringe the property rights of any person or organization. Famzam.com, is sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to your personal web page, belongs to the creator and you should not reproduce it without permission of the owner. We will not edit or monitor user provided content. However, Famzam reserves the right to remove any user provided Content which comes to our attention and which we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. Inactive personal web pages on Famzam.com may be removed if no one has visited the site for a period of one year. We will make reasonable efforts to notify the creator at least 30 days prior to removal of the personal web page.

Limitation of Liability and Warranty: You agree that the use of the Service is at your own risk. Our Service is provided “as is” by us and our third party suppliers, without any express or implied warranties of any kind. Famzam.com and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the Service, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. In the case of goods or services purchased via the Service, any warranty is supplied by the manufacturer and Famzam provides no warranty. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility of such damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Famzam may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. Famzam makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Famzam.

Your Password: As part of the registration process, you will select a password and Member name ("Username"), which will enable you to access and modify private Content on the Service (your “Rights”). You may only grant access to your personal web page to other registered members of Famzam. You are responsible for the compliance with these Terms and Conditions of any person that you invite or authorize to access your personal web page. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

You must notify us by regular mail, or by e-mail at support@famzam.com, of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Famzam, its owners or agents.
You must be 18 years or older to become a Member.

You are responsible for all usage or activity on Famzam.com via your password. Distribution of your password for access to Famzam to others is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Indemnification: You agree to indemnify and hold Famzam harmless for any dispute that may arise from a breach of any of the terms and conditions of this Agreement. You agree to hold Famzam harmless from any claims, fees and expenses, including attorneys’ fees and court costs, that may arise from your violation of this agreement.

Choice of law/forum: This agreement shall be governed in accordance with the laws of the State of New Jersey. Any claims, disputes or lawsuits which arise from a breach of this agreement shall also be governed by the laws of the State of New Jersey. You agree to the exercise of personal jurisdiction by the state and federal courts sitting in the State of New Jersey.

Severability: Should any of the terms of this agreement be deemed by a court of competent jurisdiction to be void, unenforceable, or otherwise contrary to the law, then that provision shall be deemed severable from the rest of the terms and conditions outlined herein and shall not affect the enforcement of the remaining terms.

Purchase of Goods: Title and risk of loss to items purchased through the Famzam Personlized Gift Store pass to you upon delivery to our shipping carrier. We will bill you for any order once the order is made.. We reserve the right to ship partial orders (at no additional cost to you).

Entire Agreement: These Terms and Conditions of Use constitute the entire agreement between the parties and supercede any and all previous and contemporaneous agreements and communications between the parties. Famzam reserves the right to change, delete or otherwise modify these Terms and Conditions of Use and the Service without notice to any other party, and users are urged to periodically review this page for any changes. Changes in the Service will be posted on Famzam.com, or sent via email or postal mail to you. If any part of this Agreement or any change in this Agreement or the Service is not acceptable to you or will cause you to no longer be in compliance with this Agreement, you should discontinue use of the Service. Your continued use of the Service now or following changes to the Service or to these Terms and Conditions of Use means that you have accepted and are bound by the changes.

©2008 Famzam.com, LLC