Date of last revision: February 19, 2011.
You do not have to be a A Family Village Member to use this Site. However, only Members can access the most popular features and services that A Family Village currently offers, such as villages, private messages, social networking features, or other services that we may offer in the future (the "Services"). Registration is free.
You must be at least eighteen (18) years of age to register as a Member or use the Site. Membership of the Site is void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this TOS and to abide by all of the terms and conditions of this TOS.
When you register with A Family Village, you will be asked to provide us with your name, email address and other information that we may request, all of which will become part of your profile ("Profile"), and which you can add to or change from time to time. You will also be asked to select a screen name and password which will serve to identify you as a Member each time you visit the Site and allow you to access your account. You may not (i) select or use a screen name of another person with intent to impersonate that person, (ii) use a screen name in which another person has rights without authorization from that person, or (iii) use a screen name that A Family Village, at its sole discretion, deems offensive.
You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update the Profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or A Family Village has reasonable grounds to suspect that you have, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Site and the Services (or any portion thereof).
The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose without prior written consent from A Family Village. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of A Family Village, which may be revoked at any time, for any reason, in A Family Village's sole discretion.
This TOS will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason, by sending A Family Village written notice of termination to A Family Village, PO BOX 49004, Austin, TX 78765 or email notice of termination to info@A Family Village.
A Family Village may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to A Family Village.
If A Family Village terminates your membership in the Site because you have breached this TOS, you will not be entitled to compensation. All decisions regarding the termination of accounts due to a breach of the TOS shall be made in the sole discretion of A Family Village. Additionally, A Family Village is not required to provide you notice prior to terminating your membership, and A Family Village is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this TOS will remain in effect. All terms that by their nature may survive termination of this TOS shall be deemed to survive such termination.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify A Family Village of any unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password, and (b) ensure that you exit from your account at the end of each session. A Family Village will not be liable for any loss or damage arising from your failure to comply with this provision. 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.
Your Interactions with Other Members
You are solely responsible for your interactions with other Members. You understand that A Family Village does not in any way screen its Members, nor does A Family Village inquire into the backgrounds of its Members or attempt to verify the statements of its Members. A Family Village makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.
In no event shall A Family Village be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Site or persons you meet through this Site.
You agree to take reasonable precautions in all interactions with other Members of the Site, particularly if you decide to meet offline or in person. You understand that A Family Village makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
Content on the Site
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by A Family Village, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. A Family Village does not:
guarantee the accuracy, completeness, or usefulness of any information on the Site, or
adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will A Family Village or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.
Content Posted by You on the Site
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Site, or transmit to other Members. You will not post on the Site, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to A Family Village, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify A Family Village of such change.
You understand and agree that A Family Village may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of A Family Village violate this TOS or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. A Family Village reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Site, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Site or to attend parties or other social functions or networking for commercial purposes without our prior written consent. You may not transmit any chain letters or junk email to other Members. Although A Family Village cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
A Family Village reserves the right to investigate and terminate your membership if you have misused the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Site:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by A Family Village without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
- You will not interfere with or disrupt the Site, the Services or the servers or networks connected to the Site or the Services.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
- You will not "frame" or "mirror" any part of the Site, without A Family Village's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to A Family Village or the Site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or the Site or any software used on or for the Site or cause others to do so.
Blocking of IP Addresses
In order to protect the integrity of the Site, A Family Village reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site.
You are solely responsible for your interactions with other A Family Village Members. A Family Village reserves the right, but has no obligation, to monitor disputes between you and other Members.
A Family Village is not responsible for any incorrect or inaccurate Content posted on the Site, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Site. A Family Village is not responsible for the conduct, whether online or offline, of any user or Member of the Site. A Family Village assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. A Family Village is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.
Under no circumstances will A Family Village or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site is provided "AS-IS" and A Family Village expressly disclaims any warranty of fitness for a particular purpose or non-infringement. A Family Village cannot guarantee and does not promise any specific results from use of the Site.
In addition to the preceding paragraph and other provisions of this TOS, any advice that may be posted on the Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional parental, financial, medical, legal, or other advice. A Family Village makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because A Family Village has no control over such sites and resources, you acknowledge and agree that A Family Village is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that A Family Village shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will A Family Village be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site, even if A Family Village has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, A Family Village's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to A Family Village for the Site during the term of membership.
Jurisdiction and Choice of Law
If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute.
Indemnity by You
You agree to indemnify and hold A Family Village, its 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 Site in violation of this TOS and/or arising from a breach of this TOS and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this TOS.
Other. This TOS contains the entire agreement between you and A Family Village regarding the use of the Site. If any provision of this TOS is held invalid, the remainder of this TOS shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
A Family Village is a trademark of A Family Village, L.L.C.