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LDS Living Family
General Terms of Use Agreement
1. Terms of Use
Welcome to LDS Living Family. LDS Living, Inc. ("LDS Living Family") provides this Web Site and related Internet and information services (the "Service") to you subject to the terms and conditions of the following agreement (this "Agreement"). Please read it carefully. By using the Service (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. If you don't agree with any of the terms or conditions of this Agreement, don't use the Service. Please also note that LDS Living Family may update this Agreement or any portion thereof from time to time without notice.
2. Privacy
Please review the LDS Living Family Privacy Statement, which also governs your visit to this Web Site, to understand our practices.
LDS Living Family is concerned about the safety and privacy of all of its users, particularly children. Please note that children under the age of 13 cannot create their own sites on LDS Living Family. They can participate in the Service through a site set up by their parents or legal guardian. As the parent or legal guardian, it is your responsibility to determine whether the Service and/or Content (as defined below) are appropriate for your child.
3. User Registration, Password and Security
As a condition of using the Service, you agree to:
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(a) provide true, accurate, current and complete information about yourself and your family or group (the "Registration Data"); |
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(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or LDS Living Family has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, LDS Living Family has the right to suspend or terminate your account and/or any pages or sites created under your account, and refuse any and all current or future use of the Service. |
You will receive a password and an account designation upon completing the Registration Form. You are responsible for maintaining the confidentiality of that password and for any authorized or unauthorized access to or use of your account by any person. You understand that any Content sent or posted by you on the Service may be viewed by others who you invite through the Service and that you are responsible for the security, confidentiality, and integrity of all content that you post, receive, transmit through or store on the Service. You agree to notify LDS Living Family immediately of any unauthorized use of your password or account or any unauthorized page or site created under your account.
4. Acceptable Use Policy
LDS Living Family has NO TOLERANCE for pornography, warez (pirated software), or spam (unsolicited bulk e-mail). Any accounts or sites found to contain, promote, or link to such content are subject to immediate removal from the Service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not LDS Living Family, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit using the Service. LDS Living Family does not control the Content posted using the Service nor does it guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LDS Living Family be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, e-mailed or otherwise transmitted or hosted using the Service.
While LDS Living Family does not review pages or sites for content before they are posted, and does not verify, endorse or otherwise take responsibility for the Content of any user-created pages or sites, LDS Living Family shall have the right (but not the obligation) to remove any Content from its servers, including without limitation, any Content that LDS Living Family determines is in violation of this Agreement. You are solely responsible for all files contained in your directory, for any and all acts and omissions that occur under your account or password, and for the Content of all pages and sites created under your account. You also acknowledge and agree that LDS Living Family may preserve or remove Content and may disclose Content, including information about your account or your use of the Service, to any third party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to: (a) comply with legal requirements or processes; (b) enforce this Agreement; (c) respond to claims that any Content violated the rights of third parties; or (d) protect the rights, property, or personal safety of LDS Living Family, its members or the public.
LDS Living Family may terminate user accounts at any time, without notice for conduct that violates this Agreement, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that LDS Living Family believes is harmful to the business of LDS Living Family, or any of its users or partners. Pages found in violation of these items may be subject to immediate deletion and removal from LDS Living Family's servers, and their Webmasters subject to banishment from the LDS Living Family network. The following is a non-exclusive list of Content and behaviors that are UNACCEPTABLE:
- a. Content that contains or contains links to: nudity, pornography, adult content, sex, or foul language.
- b. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- c. Content that has been promoted through the sending of unsolicited e-mail (spamming), inappropriate newsgroup postings, mail fraud schemes, or pages that promote or condone such activities. Users who utilize the Service's resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
- d. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
- e. Content that is unlawful, racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
- f. Sites that exploit images of children under 18 years of age.
- g. The impersonation of any person or entity, including, but not limited to, an LDS Living Family employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- h. Any uploading, posting, e-mailing or other transmission of any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- i. Content or other 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.
- j. Any activity that interferes with or disrupts the Service or the servers or networks connected to the Service, or does not comply with any requirements, procedures, policies or regulations of the networks connected to the Service.
- k. Content that violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
5. Export Restrictions
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. Termination
You agree that LDS Living Family, in its sole discretion, may terminate your, or your family's or group's, or any member of your family's or group's password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including without limitation, for lack of use or if LDS Living Family believes that you or any member of your family or group have violated or acted inconsistently with this Agreement. LDS Living Family may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of this Agreement may be effected without notice, and acknowledge and agree that LDS Living Family may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LDS Living Family shall not be liable to you or any third party for any termination of access to the Service. Should termination of your account occur for any reason, you will no longer be billed for the Service.
7. Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service.
8. Accessibility
You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which LDS Living Family may undertake from time to time; or (iii) causes beyond the control of LDS Living Family or which are not reasonably foreseeable by LDS Living Family. LDS Living Family is not responsible for any deletion, alteration, or loss of data or business due to network or system outages, file corruption, accidental deletion, or any other reasons. You are responsible to regularly monitor and create backups of your files, and agree to use the Service at your own risk.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LDS LIVING FAMILY AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
LDS LIVING FAMILY MAKES NO WARRANTY THAT:
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ADDITION, LDS LIVING FAMILY MAKES NO WARRANTY WITH RESPECT TO:
(A) SERVER RELIABILITY, SPEED, OR CONSISTENCY;
(B) THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION ON THE SERVICE; OR
(C) ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LDS LIVING FAMILY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SERVICE MAY ALSO LINK TO OR INCLUDE INFORMATION PROVIDED BY THIRD-PARTY PARTNERS AND PROVIDERS. LDS LIVING FAMILY DOES NOT WARRANT THE RELIABILITY OF THIS INFORMATION, NOR DOES THE INCLUSION OF THIS INFORMATION IMPLY THAT LDS LIVING FAMILY IN ANY WAY RECOMMENDS THESE SERVICES.
10. Indemnification
You agree to indemnify, defend and hold harmless LDS Living Family and its partners from and against any and all losses, liabilities, claims, demands, damages and expenses (including attorneys' fees), arising from or in connection with your use of the Service. This expressly includes, without limitation, your responsibility for any and all losses, liabilities, claims, demands, damages and expenses arising from or in connection with (a) the Content you upload, submit, post, or transmit through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of this Agreement, or (e) your violation or infringement of the proprietary or intellectual property rights of any third party. LDS Living Family reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
11. Modifications to the Service
LDS Living Family reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LDS Living Family shall not be liable to you or any third party for any modification to or discontinuance of the Service. Should the Service be discontinued, you will no longer be billed.
12. Content Posted on the Service
You agree that upon posting any material within a group on the Service, you grant LDS Living Family, and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant LDS Living Family the right to authorize the downloading and printing in whole or in part of any material that you have posted to a page or site on the Service, by members for their personal use. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including without limitation the posting of appropriate copyright notices.
13. Proprietary Rights
You acknowledge and agree that the Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by LDS Living Family or LDS Living Family's advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that LDS Living Family can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on LDS Living Family mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to decompile, disassemble, reverse engineer, modify, copy, reproduce, republish, upload, post, transmit, sell, distribute or create derivative works from the Content available through the Service, including code and software.
14. External Links
The Service may provide, or third parties may provide, links to other Internet sites and resources. You acknowledge and agree that LDS Living Family is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that LDS Living Family shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.
15. Dealings with Advertisers and Other Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that LDS Living Family shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LDS LIVING FAMILY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LDS LIVING FAMILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. IN ADDITION, IN NO EVENT SHALL LDS LIVING FAMILY BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE SERVICE (OR ANY PART THEREOF) IN EXCESS OF TWO HUNDRED AND FIFTY DOLLARS ($250).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LDS LIVING FAMILY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
17. Use and Storage of Data
Each user is responsible for building and updating his/her Web page and regularly backing up any related data. LDS Living Family may from time to time establish additional rules and guidelines concerning the use of the Service, including the maximum number of days that messages, postings or other Content may be retained on the Service and maximum and minimum levels of activity. You agree that LDS Living Family has no responsibility or liability for the deletion or failure to store any messages, communications or other Content maintained or transmitted through the Service.
18. Notice
Notices may be provided to you by e-mail or regular mail. The Service may also provide indirect notice of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service.
19. Miscellaneous
This Agreement constitutes the entire agreement between you and LDS Living Family and governs your use of the Service, superseding any prior agreements between you and LDS Living Family. You may also be subject to additional terms and conditions that may apply to your family or group and when you use affiliate services or Content. This Agreement and the relationship between you and LDS Living Family shall be governed by and construed in accordance with the laws of the State of Utah without regard to its conflict of law provisions. You and LDS Living Family agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Salt Lake, Utah. The failure of LDS Living Family to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of this Agreement shall remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect or significance. |
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