Terms of Use for Family Picture Will and Privacy Policy

Family Picture Will User Agreement

I. Introduction

This User Agreement (Agreement) is a legal document. It outlines your rights and obligations as Users of this Application (sometimes called App) in connection with the purchase and use of the Family Picture Will. By accessing this App, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users of this App.

Family Picture Will reserves the right to revise this Agreement, the Privacy Policy, and any other part of this Agreement, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the App and indicate the date of the last revision.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.

II. Definitions

As used in this Agreement:

A. Users mean individuals or business entities that access or use the App.

B. Registration means the process of registering to access or use this App. You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted in the App.

C. Registration Information means the information, including user name and password, required of a user to complete the Registration process.

D. Privacy Policy means the statement of Privacy Policy, as amended from time to time.

III. Basic Terms

A. Users shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App.

B. Users are responsible for any activity that occurs through their accounts, and Users are solely responsible for their conduct through their accounts.

C. Users should not solicit, collect or use the login credentials of other Family Picture Will users.

D. Users must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the App.

E. Users may not use the App for any illegal or unauthorized purpose.

F. Violation of this Agreement, in Family Picture Wills sole discretion, can result in termination of your account. You understand and agree that Family Picture Will cannot and will not be responsible for the content posted on the App and you use the App at your own risk. If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for Family Picture Will, we can stop providing all or part of the App to you.

G. This App permits Users to create Family Groups. Other Users in your Family Group can terminate your access rights or limit your ability to post content. You understand and agree that Family Picture Will cannot and will not be responsible for the actions of other Users in your Family Groups. Other Users have some ability to limit your access to part of the App.

H. Password and Security: Upon Registration, you will select a user name and password. You are solely responsible for use of the App. You must keep your password confidential so that no one else may access the App through your account. You must notify Family Picture Will immediately upon discovering any unauthorized use of the App or if you believe your password has been compromised.

IV. General Conditions

  1. We reserve the right to modify or terminate the App or your access to the App for any reason, without notice, at any time, and without liability to you.

  2. Unlike other Apps, where your information can be deleted, this App permits users to create an information legacy. The spirit of the App is to permit users to build a family history for genealogy purposes. Other uses, such as sports brackets, social clubs, or friends groups are permitted, but those uses and the content therewith is controlled by Users. User must accept that information is not automatically deleted upon proof of death. Rather, User information is archived for the benefit of other Users in the Family Group. User information can continue to persist and replicate on Family Pages without User’s further permission. User is solely responsible for content displayed and archived.

  3. If we terminate your access to the App or you deactivate your account by yourself, your photos, comments, videos, messages, etc. on your Personal Wall, and all other Personal Wall data will no longer be accessible through your account, but that data may persist and appear within the App. Your data will persist on Family Walls for genealogy purposes, and your data can persist if your content has been re-shared by others.

D. Upon termination, all licenses and other rights granted to you in this Agreement will immediately cease.

E. We reserve the right, in our sole discretion, to change this Agreement from time to time. We will provide reasonable advance notice before the new Agreement becomes effective, though legal or administrative reasons may require immediate effectiveness to modifications (e.g. because of a security breach). You agree that we may notify you of modifications to the Agreement by posting them on the App, and that your use of the App after the effective date of the Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new Agreement. Therefore, you should review this Agreement, and modifications thereto, before using the App. The Agreement will be effective as of the time of posting, or such later date as may be specified in the Agreement, and will apply to your use of the App from that point forward.

F. We reserve the right to refuse access to the App to anyone for any reason at any time.

G. We reserve the right to force forfeiture of any username for any reason.

H. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates this Agreement.

I. You are solely responsible for your interaction with other users of the App, whether online or offline. You agree that Family Picture Will is not responsible or liable for the conduct of any user. Family Picture Will reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.

J. You agree that you are responsible for all data charges you incur through use of the Service.

V. Rights

A. Family Picture Will does not claim ownership of any content that you post on or through the App. Instead, you hereby grant to Family Picture Will a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the App, subject to the Privacy Policy in Part XV of this Agreement, including but not limited to sections C ("Sharing of Your Information") and D ("How We Store Your Information").

B. The App is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Family Picture Will may place such advertising and promotions on the App or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

C. You acknowledge that we may not always identify paid services, sponsored, content, or commercial communications as such.

D. You represent and warrant that: (i) you own the content posted by you on or through the App or otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the posting and use of your content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the App; and (iv) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

E. Although it is Family Picture Will’s intention for the App to be available as much as possible, there will be occasions when the App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

F. Family Picture Will reserves the right to remove any content from the App for any reason, without prior notice. Content removed from the App may continue to be stored by Family Picture Will, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Family Picture Will encourages you to maintain your own backup of your content. In other words, Family Picture Will is not a backup service and you agree that you will not rely on the App for the purposes of content backup or storage. Family Picture Will will not be liable to you for any modification, suspension, or discontinuation of the App, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.

G. You agree that Family Picture Will is not responsible for, and does not endorse, content posted within the App. Family Picture Will does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates this Agreement, you may bear legal responsibility for that content.

H. Except as otherwise described in the Privacy Policy in Part XV, as between you and Family Picture Will, any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with Family Picture Will is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place Family Picture Will in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of Family Picture Will, and Family Picture Will will not be liable for any use or disclosure of any content you provide.

I. It is Family Picture Will’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Family Picture Will does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Family Picture Will is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

VI. Service Access and Speed

Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

You may not have full access to the App if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information.  If your Internet service provider terminates your service, your access to the App may be limited or denied.  Family Picture Will is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the App.

VII. Disclaimer of Warranties

Our App and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this App shall be at your sole risk. Family Picture Will disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the App and your use thereof. Family Picture Will makes no warranties or representations about the accuracy or completeness of this App’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our App, (iii) any interruption or cessation of transmission to or from our App. (iv) any bugs, viruses, Trojan horses, or similar issues which may be transmitted to or through our App by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the website. You assume the entire risk of loss and damage due to your use of the App, including but not limited to the cost of repairs or corrections to your hardware or software.

VIII. Limitation of Liability

Your use of our app is entirely at your sole risk. Family Picture Will shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our App.

IX. Indemnification

You agree to indemnify and hold harmless Family Picture Will from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the App.

X. Choice of Law

The terms of this User Agreement and use of this App is governed by the laws of the State of New York.

XI. Intellectual Property

All content included on this App, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Family Picture Will and protected by U.S. and international copyright laws.

Family Picture Will is a trademark and may not be used in connection with any product or service that does not belong to Family Picture Will in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Family Picture Will.

The App contains content owned or licensed by Family Picture Will. Family Picture Will content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Family Picture Will, Family Picture Will owns and retains all rights in the Family Picture Will content and the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Family Picture Will content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Family Picture Will content.

The Family Picture Will name and logo are trademarks of Family Picture Will, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Family Picture Will. In addition, all page headers, custom graphics, button icons and scripts are intellectual property, which can include service marks, trademarks and/or trade dress of Family Picture Will, and may not be copied, imitated or used, in whole or in part, without prior written permission from Family Picture Will.

Aspects of the Family Picture Will App are patent pending.

XII. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XIII. Entire Agreement

This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XIV. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XV. Privacy Policy

A. Information Family Picture Will Collects

a. Information Users Provide Directly

Your username, password and e-mail address when you register for a Family Picture Will account. Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Family Picture Will. User content (e.g., photos, comments, and other materials) that you post to the App. Communications between you and Family Picture Will. For example, we may send you App-related emails (e.g., account verification, changes/updates to features of the App, technical and security notices). Note that you may not opt out of App-related e-mails.

b. Analytics Information

We use third-party analytics tools to help us measure traffic and usage trends for the App. These tools collect information sent by your device or our App. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual user.

c. Cookies and Similar Technologies

When you visit the App, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Family Picture Will and provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

d. Log File Information

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our App, our servers automatically record certain log file information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the App.

e. Device Identifiers

When you use a mobile device like a tablet or phone to access our App, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Family Picture Will. A device identifier may deliver information to us or to a third party partner about how you browse and use the App and may help us or others provide reports or personalized content and ads. Some features of the App may not function properly if use or availability of device identifiers is impaired or disabled.

f. Metadata

Metadata is usually technical data that is associated with user content. For example, Metadata can describe how, when and by whom a piece of user content was collected and how that content is formatted. Users can add or may have Metadata added to their user content, comments or other data. This makes your user content more searchable by others and more interactive.

B. How We Use Your Information

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to: help you efficiently access your information after you sign in; remember information so you will not have to re-enter it during your visit or the next time you visit the App; provide personalized content and information to you and others, which could include online ads or other forms of marketing; provide, improve, test, and monitor the effectiveness of our App; develop and test new products and features; monitor metrics such as total number of visitors, traffic, and demographic patterns; diagnose or fix technology problems.

C. Sharing of Your Information

We will not rent or sell your information to third parties outside Family Picture Will without your consent, except as noted in this Policy.

a. Parties with Whom We May Share Your Information

We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the service under reasonable confidentiality terms.

We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

b. What Happens in the Event of a Change of Control

If we sell or otherwise transfer part or the whole of Family Picture Will or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition