Terms of Use

---

Last Modified: August 27, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you (“you”) and Family Picture Will, Inc. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use,” govern your access to and use of [INSERT WEBSITE ADDRESS], including any Content (as defined below), functionality, and services offered on or through [WEBSITE DOMAIN NAME] or through a mobile app offered by us (collectively, the “Services”), whether as a guest or a registered user.

Our services are designed to collect information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively “Content”) from users of our Services (“Users”) for them to share with living family and descendants during their lifetime and beyond. We plan to store such information indefinitely for future generations.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. While we encourage parents and guardians to use our Services as a family activity with their children, we recommend carefully monitoring any Internet activities (including use of the Services) engaged by their children.

IF YOU BECOME A USER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM.  

You should pay special attention to the arbitration provision set forth below, which except for and to the extent prohibited by law, requires you to arbitrate claims you may have against us on an individual basis. Specific pages on our website. Services may set out additional terms and conditions, all of which are incorporated by reference herein.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services  unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information.

You will be given a passcode(s) (“Family Wall Passcode”) to access your family’s Family Wall(s), the a newsfeed of Content posted by the user and the user’s family members. You are responsible for ensuring that only authorized family members have access to your Family Wall Passcode and instructing your family members to maintain the confidentiality of Family Wall Passcodes. We are not responsible for maintaining the confidentiality of Family Wall Passcodes under any circumstance, and shall have no liability for unauthorized use of a Family Wall Passcode.

You agree to notify us immediately of any unauthorized access to or use of your user name, password, Family Wall Passcode or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Our policy will be to terminate a user’s access to a Family Wall upon receiving complaints from five family members. We realize that not all Family Walls will have five participants. Accordingly, we may terminate any user’s access to a Family Wall at our complete discretion at any time for any reason. We have no liability for terminating access or failure to terminate access to a Family Wall.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

By viewing the Services, you may be exposed to content that you consider offensive. You take sole responsibly for such exposure.

Intellectual Property Rights

The Services and their entire Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Services that you do not upload.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [INSERT EMAIL ADDRESS].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Ownership

You retain ownership of your Content and any rights granted to us are granted as a license. Although you retain ownership of your Content, any material, tools, features, templates or layouts provided to you by us that you use to arrange or organize your Content do not belong to you, and the rights to these materials, tools, features, templates or layouts belong to us.

Content License

In order for us to provide the Services to you, you hereby grant to us and our affiliates, subsidiaries, agents, vendors and assigns the perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes:

• providing the Services to you;

• showing you how your Content would appear in a product or service offered by us or one of its agents; and

• improving the Services (e.g., customer support, technical support and/or vendor fulfillment).

Your Warranty

As a condition to account creation, you represent and warrant to us that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.

Personal Rights

By submitting Content to us, you consent to the use of your likeness, and you warrant and represent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms of Use. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from that individual’s parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request).

Trademarks

The Company name Family Picture Will and [the Company logo,] are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

User Content

The Services may contain family walls, message boards, chat rooms and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) to other users Content (“User Content”) on or through the Services.

All User Content must comply with the content standards set out in these Terms of Use.

By providing any User Content on the Services, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating our business and providing and improving Services.

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Content do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the Content or accuracy of any User Content posted by you or any other user of the Services.

You agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices and procedures.

Apple Store Addition

You will not use the Services in any manner that is inconsistent with the terms of the Apple Store Standard EULA or that infringes the intellectual property rights of Company or any third party. You agree not to use the Services to harass, abuse, stalk, threaten or defame any person or entity, and that Company is not responsible for any such use. Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use our Services, you are solely responsible for compliance with any applicable laws. The Company reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Services at any time without notice or liability to you. 

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Submission

Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”).  Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions.  The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY].

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Content violates your copyright, please promptly notify us of the potential copyright infringement.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Our Services may include Content provided by third parties, including materials provided by other Users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

USERS ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO KEEP, STORE, ACCESS, DISPLAY, MAKE AVAILBLE, OR PROTECTING (COLLECTIVELY, “MAINTAIN”) ANY USER CONTENT IN PERPETUITY OR THAT USER CONTENT WILL NOT BE SUBJECT TO DEFECTS. ALTHOUGH THAT IS OUR BUSINESS AIM. WE MAY BE ABLE TO OFFER THE SERVICES FOR A LIMITED PERIOD OF TIME. WE OFFER NO WARRANTIES ON THE DURATION OF OUR SERVICES OR FOR MAINTAINING USER CONTENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of us or any other third party mentioned on the Services. Accordingly, we assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Content, any use of the Services’s Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

For German residents only, if the delivered goods are defective, you are entitled, within the scope of legal provisions, to request rectification, withdraw from the contract, or reduce the price.

For French residents only, certain warranties may automatically arise, as described below:

We provides the legal warranty of conformity as set forth in articles L. 217-4 et seq. of the French Consumer Code and the legal warranty against latent defects as set forth in articles 1641 to 1648 and 2232 of the French Civil Code.

As regards the warranty of conformity, you have a period of two years from the delivery of the product within which to act. You can choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect, pursuant to article L. 217-9 of the French Consumer Code. You are not required to provide proof of the existence of a lack of conformity during the 24 months following the delivery of the product. This legal warranty of conformity is applicable irrespective of the commercial guarantee which may have been granted. Please note that we do not grant any commercial guarantee. In addition, you may implement the warranty against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, you can elect between the sale being canceled or the sale price being reduced pursuant to article 1644 of the French Civil Code.

Paid Services

If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services, you agree to pay the applicable fees for Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs, including reasonable attorney’s fees, and interest for any overdue amounts.  All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (a) as otherwise required by applicable law and (b) at the Company’s sole and absolute discretion.  Fees for Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described herein).

Payment Method

The Company may, from time to time at its full discretion, offer various payment methods, including without limitation payment by credit card, by debit card, by certain mobile payment providers or by using PayPal.  You authorize the Company to charge you for Paid Services through any payment method(s) you select when purchasing Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”).  If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of Paid Services reaffirms that we are authorized to charge your Payment Method. We may offer our Services through accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”)] If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.

Automatic Renewal of Subscriptions

IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME TERM.  UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL.  YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW.  YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

Cancellation of Subscriptions

TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU SHOULD FOLLOW THE CANCELATION INSTRUCTIONS SET FORTH ON THE SERVICES. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES.  YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW.

Current Information Required

You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to the Company.  You agree to promptly notify the Company if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method.  If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.

Change in Amount Authorized

If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), the Company will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for Paid Services.  You agree that the Company may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. The Company will inform you of any additional charges that are accumulated.

Incorrect Payments and Errors

In the event that you submit to us a payment for Paid Services that does not match the price for Paid Services you selected, the Company shall have the right, in its sole and absolute discretion, to (a) return or refund all or some of the amount of your payment, (b) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (c) apply all or some of the amount of your payment to the purchase of our virtual currency or (d) apply your payment in any combination of the foregoing ways.  We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Mobile Services

Your access and use of mobile applications that we may offer are subject to the Terms of Use, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any additional terms presented to you for your acceptance when you sign up to use our mobile applications.

Please note that by accessing or using the mobile applications, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees.

Downloadable Applications

By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

Mobile Software

At some point, we may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software.  The Company does not warrant that the Mobile Software will be compatible with your device.  The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on one device owned or leased solely by you, for your personal use only. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (e) delete the copyright and other proprietary rights notices on the Mobile Software; (f) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (g) use the Mobile Software on any device that you do not own or control; or (h) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure.  You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device.  You consent to such automatic upgrading on your device, and agree that the Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).  Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in the Terms of Use, is void.  The Company reserves all rights not expressly granted under the Terms of Use.  Additional terms to those contained in the Terms of Use may be contained in an End User License Agreement associated with any Mobile Software.  Please see the applicable End User License Agreement for more information.

Mobile Software from iTunes or the App Store

The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that the Terms of Use is solely between you and the Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof.  Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.  In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Use and any law applicable to the Company as provider of the software.  You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Use and any law applicable to the Company as provider of the software.  You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.  You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.  Without limiting any other terms of the Terms of Uset, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.

Mobile Software from Google Play Store.

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms of Use is between you and the Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) the Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Go