FamZoo, Inc. ("FamZoo", "us",
or "we") provides web-hosted services (the "FamZoo Services")
available from the domain and sub-domains of http://www.famzoo.com (the "Site"). The services offered
by FamZoo include the FamZoo Services, the Site, and any other features,
content, or, applications that we may offer from time to time in connection
with the FamZoo Services and Site, either directly, or through our suppliers
(collectively, the "Services").
any other terms applicable to the Services, all of which are hereby
incorporated by reference, set forth the legally binding terms for your use of
the Services. By accessing and using the
Services through the Site, you agree to comply with and be bound by this
Agreement. If you do not agree with all provisions of this Agreement, you are
not authorized to use the Services. If you sign up for additional services that
are governed by additional terms and conditions, we will inform you accordingly
when you sign up for such additional services. Any additional services will be
governed by the additional terms and conditions for such services and, unless
otherwise provided by such additional terms and conditions, they are hereby
incorporated into this Agreement by reference.
1.1Family Account. In order for you and your family to
participate in the FamZoo Services, a parent or authorized person (the "Family
Account Owner") must create an account for the family (a "Family Account") by registering on the Site and paying any applicable
fees. FamZoo automatically creates one
sub-account under the Family Account for the Family Account Owner. The Family Account Owner may thereafter
create one or more additional sub-accounts under the Family Account for other
members of the family (each, a "Family Member Account"). Both your
Family Account and Family Member Accounts are referred to as "Accounts" or "Account" (as the case may be) in this Agreement.
1.2Family Account Managers. Only the Family Account Owner and any person
that is granted the privilege to manage the Family Account (each, a "Family Account Manager") can add Family
Member Accounts to the Family Account. Any person that is designated as a "parent" is a Family Account Manager
by default. As a Family Account Manager you represent, warrant, and agree that:
- All required registration information
you submit is truthful and accurate;
- You will maintain the accuracy of such
- You are of sufficient legal age in your
jurisdiction to create binding legal obligations;
- You will grant access to the Family Account
and any related Family Member Accounts only to other members of your family and
only in accordance with this Agreement;
- You are fully responsible and liable
for any action of any person that uses the Family Account and any related
Family Member Accounts; and
- Any or all Accounts of your family may
be deleted without warning if we believe that you are not eligible.
1.3Using Accounts. By
using the Services, you represent, warrant, and agree that:
- All information you submit about you
and other users of your Family Account is truthful and accurate;
- You will maintain the accuracy of such
- Your use of the Services does not
violate any applicable law or regulation or the terms of this Agreement.
1.4Password and use of Account. When you sign up to
create a Family Account, you will be asked to choose a Sign-In name and a
password for the Family Account Owner. A Family Account Manager will be asked
to choose the initial Sign-In name and password for any Family Member Account
that is added (and can change the Sign-In name and password for any Family
Member Account at any time). You are entirely responsible for maintaining the
confidentiality of your password. In addition, if you are a Family Account
Manager, you are entirely responsible for maintaining the confidentiality of
all your family’s passwords. You agree not to:
- Use any Account, Sign-In name, or
password of another user of the FamZoo Services ("User") that you are not authorized to use and
- Authorize others, who are not members
of your family, to use any Account that belongs to your Family Account, at any
You agree to notify us immediately if
you suspect any unauthorized use of the Account or access to your
password. You are solely responsible for
any and all use of your Account by you and any person (including children) with
your Sign-In name and password, or whom you authorize to use the Account.
1.5Term. This Agreement shall remain in full force and
effect unless and until your Account is terminated as provided herein. You may delete your Account and end your use of the FamZoo Services at any time and for any or no reason by following the instructions on the Cancel Membership form on the site or contacting FamZoo customer service. FamZoo may terminate your Account:
- Immediately and without notice if
- you are in breach of this Agreement,
- we are unable to verify or authenticate
any Account-related information you have provided, or
- if we believe that your use of the Services may be harmful to, or may cause liability for, other Users, any third-party, or for us;
- With five (5) days notice by sending an
e-mail to the Family Account Owner’s e-mail address as specified in your
Account if FamZoo decides in its sole discretion to stop providing the
applicable Services; or
- For any or no reason by giving you thirty
(30) days notice by sending an e-mail to the Family Account Owner’s e-mail
address as specified in your Account.
Any termination of a Family Account
will automatically lead to the termination of all Family Member Accounts for
such Family Account and FamZoo has the right to terminate any Family Account
and/or any Family Member Account in any case in which it has the right to
terminate any Account for such family as set forth in this section.
1.6Backup of Data. FamZoo is not obligated under this Agreement
to backup any Data that is posted on the FamZoo Services and you are solely
responsible for creating backup copies of any Data you post or store on the
Services at your sole cost and expense. When your Account is terminated and
your membership ends, you will no longer have access to any Data that you have
posted and we may delete such Data without prior notification.
We do not claim ownership in any "Data"
(which means, without limitation, any and all information including monetary
information, data, amounts in any currency, plans, accounts and account
information, allowances, budgets, goals, results, ideas, plans, postings, messages,
names and other information about others, interest rates, values, opinions,
text, files, links, images, photos, video, sounds, notes, works of authorship,
software, feedback, or other materials) that is uploaded, provided or otherwise
transferred to the Services ("posted"), but to be able to legally
provide you and other Users with the Services, we have to have certain rights
to store Data you post in connection with the Services for you and to make it
available to other Users that belong to your Family Account.
2.1Your Data. By posting any Data to the Services, you
hereby grant us a non-exclusive, fully-paid and royalty-free license to make
such Data available through the Service to every authorized User that belongs to
your Family Account and to collect, store, use, and disclose such Data as
2.2Data - Ownership
and Restrictions. You acknowledge that the Data you (or any Accounts) post is either owned by you or the person posting it or you have (or the person posting it has) the right to do so, including the requisite intellectual or proprietary rights. Any rights you have in the Data of others must be agreed upon
by you and the owner of such Data. In addition, except
for Data owned by you, that is in the public domain, or for which you have been
given permission by the respective owner, you agree not to use,
reproduce, modify, publish, transmit, distribute, publicly perform or display,
sell, disclose to any third party, or create derivative works based on the
Ownership and Restrictions. Subject
to the terms and conditions of this Agreement, FamZoo grants you
- A limited license to reproduce portions
of the Site for the sole purpose of reviewing the content of the Site as a
current or potential User of the FamZoo Services; and
- A limited license to use the Services
for internal purposes only as set forth herein. Except as
expressly permitted under the Agreement, you agree not to (i) reproduce,
modify, publish, transmit, distribute, publicly perform or display, sell, or
create derivative works based on the Services; (ii) decompile or reverse
engineer Services or any part thereof; or (iii) rent, lease, loan, or sell
access to the Services. You acknowledge that all the intellectual property
rights in the Services are owned by FamZoo, or FamZoo’s licensors.
3.Acceptable Use and Conduct
You are solely responsible for any and
all Data that is posted by or through your Account on the Services, and for
your interactions with any other User.
3.1Breach. Any use of the
Services in violation of this Agreement may result in, among other things,
termination or suspension of your rights to use the Services.
3.2Enforcement by Us. We reserve the right (but have no obligation)
to review any Data posted on the Services and to remove such Data if we believe
in our sole discretion that it is inappropriate, and to investigate and take
appropriate legal action in our sole discretion against you if you violate this
provision or any other provision of this Agreement, including without
limitation, terminating your membership, notifying law enforcement authorities, and taking legal action against you.
3.3Non-Commercial Use. The Services are for the personal use only and may not be used to
promote any commercial endeavors or to provide any professional services to any
third party. You will not engage in advertising to, or solicitation of,
any User to buy or sell any products or services through the Services, except
where permitted under the guidelines under the "FamZoo Members Recommend"
feature. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from your Data
without notice and may result in suspension or termination of your Account.
3.4No Disruption. You will not:
- Interfere with, disrupt, or create an
undue burden on the Services or the networks or services connected to the
- Cover or obscure any banner
advertisements on any FamZoo page via HTML/CSS,
scripting, or any other means;
- Without FamZoo’s express written
permission, introduce software or automated agents to the Services so as to
produce multiple accounts, generate automated messages, or to strip or mine
data from the Services; or
- Interfere with, disrupt, or modify any
data or equipment to manipulate or bypass any security measures deployed by
3.5Miscellaneous. You will not attempt to impersonate another
User or any of our employees. You will
use the Services in a manner consistent with any and all applicable laws and
The Services might contain links to third-party websites ("Third-Party Websites")
- Placed by us as a service to those interested in this information; or
- Posted by other Users.
You use all such links to Third-Party
Websites at your own risk. We do not monitor or have any control over, and make
no claim or representation regarding Third-Party Websites. To the extent such
links are provided by us, they are provided only as a convenience, and such
link to a Third-Party Website does not imply our endorsement, adoption or
sponsorship of, or affiliation with, such Third-Party Website. We accept no
responsibility for reviewing changes or updates to, or the quality, content,
policies, nature or reliability of Third-Party Websites, or websites linking to
the Site. When you leave the Site, our terms and policies no longer govern. You
should review applicable terms and policies, including privacy and data
gathering practices, of any Third-Party Website, and should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any third party.
5.FamZoo is not a Bank
note that while FamZoo provides you with a tool to teach your children
financial responsibility by offering the FamZoo Services, FamZoo is not a bank
or financial institution and the FamZoo Services are not financial services.
You are fully responsible for managing your financial accounts (including the
financial accounts of your family members) you set up using the FamZoo Services
and FamZoo will not verify any amounts, transactions, calculations,
allowances, budgets, goals or the like that you decide to enter into the FamZoo
Services. Any references to Financial Accounts on FamZoo mean the fictitious
accounts provided in the Services that are
not electronically linked to any bona fide financial services account. Please
always verify the availability of funds by checking your bank account before
making any financial decisions. FamZoo does not provide any financially-related
advice, including tax advice.
The Services are provided "As-Is" and as available. We and our suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no warranty that:
- the Services will meet your requirements;
- the Services will be available on an uninterrupted, timely, secure, or error-free basis; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
7.Limitation on Liability
In no event shall we or our suppliers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we or our suppliers have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability and the liability of our suppliers to you for any damages arising from or related to (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty US dollars ($50) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim, if any.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You hereby release us, our officers,
employees, agents, suppliers, and successors from claims, demands any and all
losses, damages, rights, claims, and actions of any kind including, without
limitation, personal injuries, death, and property damage, that is either
directly or indirectly related to or arises from:
- Any interactions with other Users,
- Any incorrect or inaccurate Data
(including any information in Accounts) posted on the Services, whether caused
by you or other Users or by any of the equipment or programming associated with
or utilized in the Services, or
- Conduct of any other User of the
If you are a California
resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which, if known by him must have materially
affected his settlement with the debtor."
9.1Amendments. This Agreement may
be modified by us from time to time. If
we make material changes to the Agreement, we will notify the Family Account
Owner at the Family Account Owner’s e-mail address, as specified in your
Account. You agree that such amended
Agreement will be effective thirty (30) days after being sent to you, and your
continued use of the Services after that time shall constitute your acceptance
of the amended Agreement.
9.2Force Majeure. Any delay in the
performance of any duties or obligations of either party and their suppliers
(except the payment of money owed) will not be considered a breach of this Agreement if such
delay is caused by a labor dispute, shortage of materials, fire, earthquake,
flood, war, terrorism, governmental act, failures of common carriers (including
Internet service providers), acts of God, or any other event beyond the control
of such party, provided that such party uses reasonable efforts, under the
circumstances, to notify the other party of the circumstances causing the delay
and to resume performance as soon as possible.
9.3Survival. The provisions under
Sections 1.6, 2, 3, 4, 5, 6, 7, 8, and 9 will survive termination of this Agreement for any
agree to defend, indemnify, and hold us, our subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney’s fees, made by any
third party due to or arising out of your use of the Services in violation of
this Agreement and/or arising from your breach of any provision of this
9.5U.S. Export Controls. No
software may be downloaded from the Services or otherwise exported or
re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that
such download or use is not in violation of any such law.
9.6Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction to adjudicate any claims or disputes arising out of or relating to this Agreement. You agree to submit to the personal jurisdiction of the state courts and federal courts located in Santa Clara County, California for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved through binding arbitration. Said arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:
- The arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the specific
manner shall be chosen by the party initiating the arbitration;
- The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually
agreed by the parties;
- A single arbitrator chosen by mutual consent of the parties will hear the arbitration; but, if the parties cannot agree on a single arbitrator, then the arbitration shall heard by a panel of three (3) arbitrators, with each party selecting one arbitrator and the third arbitrator selected by the alternative dispute resolution provider;
- The arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association then in effect; and,
- Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief
to protect our intellectual property rights in any court of competent
jurisdiction. You acknowledge and agree that any violation by you (or any of your Accounts) of any FamZoo intellectual property or proprietary right will cause FamZoo irreparable injury for which there are inadequate remedies at law, and that FamZoo shall be entitled to equitable relief in addition to all other available remedies.
In the event of any legal proceeding of any kind between the parties hereto arising out of or related to this Agreement, whether at law or in equity, including (without limitation) any arbitration, the prevailing party will be entitled to recover its court and arbitration costs and reasonable attorneys’ fees, in addition to any other relief to which such party may be entitled.
9.7Other. This Agreement is
accepted upon your use of the Services, by registering or using an Account,
and/or becoming a User. This Agreement constitutes the entire agreement between
you and us regarding the use of the Services. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. Our failure to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Please contact us
with any questions regarding this Agreement. All
notices to FamZoo intended to have a legal effect must be delivered in writing
Information. Copyright © 2006 - 2013, FamZoo, Inc. All rights reserved. The trademarks, logos and service marks ("Marks")
displayed on the Site and the Services are our property or the property of
other third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party.